HomeMy WebLinkAboutContracts & Agreements_2-2016_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional services associated with the design of a
skate park to be located at the City's Sylvan Park("Agreement") is made and entered in this
December 15,2015 ("Effective Date"), by and between the City of Redlands, a municipal
corporation("City)"and California Skateparks ("Consultant"). City and Consultant are
sometimes individually referred to herein as a"Party"and,together,as the"Parties." In
consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE I —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide professional services associated with the
design of a skate park to be located at the City's Sylvan Park(the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2—SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to State prevailing wage
laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Chris Diggs, MUED Director,as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
instructions,receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City,consistent with
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City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount One Hundred Fifteen Thousand Two Hundred Thirty Five dollars($115,235).
City shall pay Consultant on a time and materials basis up to the not to exceed amount, in
accordance with Exhibit"B" entitled"Project Costs and Hourly Rates."Exhibit"B" is
attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed,the dates the Services were performed,the number of hours spent and
by whom, and a description of reimbursable expenses related to the project. City shall pay
Consultant no later than thirty(30)days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given,pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i)on the date
of delivery in person; (ii) five(5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or(iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class,certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City Consultant
Chris Diggs,MUED Director Joseph M. Ciaglia Jr.
City of Redlands California Skateparks
35 Cajon Street, Suite 15A 273 North Benson Avenue
P.O. Box 3005 (mailing) Upland, CA 91786
Redlands, CA 92373
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty(30) days prior
written notice to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City,or certification to
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City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit"C,"entitled
"Workers' Compensation Insurance Certification,"which is attached hereto and
incorporated herein by this reference prior to occupancy of the Premises.
6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)per
occurrence and Two Million Dollars($2,000,000)aggregate for public liability,property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made.
6.5 Consultant shall have business auto liability coverage,with minimum limits of One
Million Dollars($1,000,000)per occurrence, combined single limit bodily injury liability
and property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non-owned
vehicles,and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by,or the willful misconduct of, Consultant,or its
officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate,rule or regulation,or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
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certification, approval, order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party,or to the specifications for such a contract;
(v) grant City approval to a plan, design,report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial
interests, Consultant shall complete and file a Fair Political Practices Commission Form
700, Statement of Economic Interests,with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief,be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records,drawings,designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents,shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents,and any use of incomplete documents, shall be at City's sole
risk.
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only,and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of,or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied,to
bind City to any obligation.
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8.5 Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated
by City, in its sole discretion, by providing not less than five(5) days prior written notice
to Consultant of City's intent to terminate. If this Agreement is terminated by City, an
adjustment to Consultant's compensation shall be made, but(1)no amount shall be
allowed for anticipated profit or unperformed Services, and (2) any payment due
Consultant at the time of termination may be adjusted to the extent of any additional costs
to City occasioned by any default by Consultant. Upon receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Services and, within five (5)
days of the date of the termination notice, deliver or otherwise make available to City,
copies(in both hard copy and electronic form, where applicable) of project related data,
design calculations,drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by Consultant in
performing the Services. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three(3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations,written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing,approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction,the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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IN WITNESS WHEREOF,duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS CALIFORNIA SKATEPARKS
B By: � , .
aul W. Foster, Mayor J M. Ciaglia Jr.,President
Attest:
Sam I` n, itity Clerk
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EXHIBIT A
SCOPE OF SERVICE
1.4 Project Start-Up
Consultant will participate in a project kickoff phone conference with City staff.
The meeting will provide a key op ortunityto specifically discuss programmatic items,
the budget, issues or concerns, design considerations, and discuss the upcoming
community workshop details. As part of the project start-up process Consultant will
review the available base data to become familiar with the project area's opportunities
and constraints. This data will play a critical role in assessing all aspects of the skate
park's design.
Consultant will obtain from City staff all relevant available data for the design effort,
to include the following:
• Existing Survey Documents
• The project Geotechnical Report
• Available As-Built Drawings
• Underground or Overhead Public Utility Maps
Deliverables: Prepare for and participate in one(1)Kickoff Meeting.
1.1 Public Workshop No. 1
Consultant with City staff will conduct a public design workshop with members of the
anticipated skate park users groups and interested community stakeholders. The
workshop will be designed to introduce the project to the public and engage
participants in the preliminary design development process. The goal of the workshop
will be to develop project specific skate park elements to reflect the riding skating
styles. Tentatively,the first workshop will consist of the following activities:
• Brief site analysis overview to communicate any physical and policy/planning
constraints that will influence the design.
• Introduction to the skate park planning process and the project specific design
options and opportunities.
• Focused interactive design and brainstorming session: Interested user groups
will work with modeling clay or other medium to form and shape their ideas
of features they would like to see included in the skate park facility.
The Consultant will setup a"Community Interactive Website"to perform additional
outreach, keep the public updated on the project and track all public workshops and
design progress. This website shall become property of the City at the completion of
the design and will be updated by the Consultant and maintained throughout the design
process.
Deliverable: Prepare for and conduct one (1)public workshop provide Summary of
Results Memo
1.2 Preliminary Design Plan
Based on the design concepts developed with the community's input in Workshop No.
1, Consultant will prepare a Preliminary Design Plan, three dimensional model of the
proposed skate park. The Preliminary Design Plan will illustrate the major skate park
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components and how they relate to each other,and the site. The Preliminary Design
Plan will include the appropriate information to allow for commencement of the
Environmental Documentation.
Deliverables: One(1)Preliminary Design Plan,three dimensional scale model of the
skate park design
1.3 Public Workshop No.2
Consultant along with City staff will conduct a second public design workshop with
members of the anticipated skate park users groups and interested community
stakeholders. The Preliminary Design Plan will be presented and evaluated through
an interactive process with the goal of arriving at a community supported final design.
Following the workshop, Consultant will prepare a Summary of Results memo for
review by City staff documenting the design consensus and it will serve as the guide
for preparation of the Final Design Plan and be provided to the respective environmental
consultants.
Consultant shall attend up to two additional Public Workshops to review the design and
obtain feedback if City staff determines additional outreach is required.
Deliverables: Prepare for and conduct one(1)public workshop. Provide Summary of
Results Memo
1.4 Final Design Plan
Based on the results of Workshop No. 2 and direction from City staff; Consultant will
refine the Preliminary Design Plan for the skate park. The Final Design Plan will
be color rendered and the skate park's design clearly communicated through a three
dimensional model.
Deliverables: One (1)Final Design Plan and three dimensional model.
1.5 Opinion of Probable Construction Cost
Based on the Final Design Plan for the skate park, Consultant will prepare an opinion
of probable construction cost. The opinion will break the major construction
components of the skate park project in into a spread sheet format.
Consultant will identify if the project must be phased or include additive bids during the
bid process to meet available budget based on the probable construction cost.
Deliverable: One(1) Opinion of Probable Construction Cost
1.6 Water Quality Management Plan
Consultant will prepare preparation of a Water Quality Management Plan in compliance
with the latest guidelines for review and approval by City staff and shall include all
copies and attachments as requested.
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Deliverable: Water Quality Management Plan
1.7 Environmental Technical Studies
Consultant will provide environmental technical studies to include Cultural Resource
Study, Biological Resource Study,Air Quality and Greenhouse Gas Emissions Analysis,
Greenhouse Gas Emissions Analysis and Noise Analysis. All studies shall be delivered
to City staff to assist in the preparation of the environmental document.
This task shall include electronic copies (MS Word format)of the technical reports.
The consultant shall provide the City with a compact disc(CD) or digital versatile disc
(DVD)with all environmental documents at the completion of the task. Media shall be
in a format compatible with Microsoft Word, latest version.
Deliverable: Cultural Resource Study, Biological Resource Study, Air Quality and
Greenhouse Gas Emissions Analysis, Greenhouse Gas Emissions Analysis and Noise
Analysis.
1.8 Conditional Use Permit
City staff will prepare the Conditional Use Permit. Consultant will provide renderings
completed within Task 1.4 to City staff to utilize in the permitting process.
Deliverable: Renderings of the final design.
1.9 Final Design Plans and Technical Specifications
Consultant shall prepare final design plans and specifications for the skate park based
on the approved Final Design Plan. The Consultant will include up to three (3)
additive alternate bid items in the Final Design Plans.The Final Design Plans will meet
all applicable local, County, State and Federal requirements. The construction
documents(final design plans and specifications)will include:
a) Introduction Sheets
Prepare a title sheet with vicinity map and sheet index, general notes sheet with all
applicable notes,abbreviations and symbols. The title block and title sheet layout
will be provided by the City.
b) Demolition Plan
Prepare a demolition plan for all items to be removed and/or relocated in the
improvement area.
b) Improvement Plan
Prepare an improvement plan showing the entire site identifying all proposed design
elements and improvements.
c) Precise Grading Plan
Prepare the necessary drawings for site grading, finish elevations of design elements,
proposed accessible paths and drainage patterns across the site. Plans will include
all applicable details and cross sections (as necessary)for the construction of these
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plans. A topographical survey will be completed for the site once the extents of the
project area have been approved by City staff. The survey and datum shall be tied
into the state plane coordination system and City benchmarks.
d) Horizontal Control Plan
Prepare a horizontal control plan that will locate all site elements and allow for the
completion of construction staking.
e) Construction Plans&Details
Prepare construction plans that will provide sufficient detail to construct all proposed
improvements. Details will reference all applicable standards or specifications to
ensure proper construction and installation.
f) Irrigation Plan
Prepare irrigation plan that will utilize low water use irrigation equipment. The plan
will include pressure loss calculations,point of connection, meter size, backflow
device, mainline, lateral and head layout, drip irrigation layout, controller location,
and flow calculations. Details will demonstrate proper installation of all irrigation
equipment.
g) Planting Plan
Prepare detailed plan for all planting areas within the improvement areas.The plan
will locate and identify all items of plant material to be used. Details will
demonstrate proper installation of the plants. Drought tolerant plant materials must
be used to conserve water, reduce maintenance and ensure the long term health and
viability of the plant material.
h) Electrical Plan
Prepare electrical plan detailing the layout and configuration of the Southern
California Edison service feed,electrical features of the park and security lighting as
deemed appropriate during the design. Plan shall include corresponding technical
details and documentation as required by the City.
h) Final Water Quality Management Plan
Prepare a Final Water Quality Management Plan in compliance with the latest
guidelines for review and approval by City staff and will include all copies and
attachments as requested.
i) Specifications
Prepare construction specifications for the project. City will provide the City's
standard bid documents(i.e.,Notice to Contractors, Instructions to Bidders,
Contractor Forms, General Conditions etc.)to incorporate into final specification
package with adjustments by consultant to be specific to this project. Consultant
will provide all required Technical Specifications to accommodate proposed
improvements.
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j) Construction Cost Estimate
Prepare quantity calculations and final construction cost estimates for the
improvements. Compare construction cost estimate to budget amount and include
additive bid items as required to meet the project budget.
Deliverable:Provide two (2)full size sets of 30%, 60%and 90% bid documents Provide
the City with a compact disc (CD) or digital versatile disc(DVD)with all final design
plans and specifications in Microsoft Word and AutoCAD format, latest versions.
1.1.0 Presentation to City Council
The consultant shall prepare a Prezi presentation for City Council approval of the design.
Consultant shall be prepared to review the proposed design, discuss the Public Workshop
results and respond to any questions.
111 Construction Support Services
a) Pre-Bid Phone Conference
Consultant will prepare for and participate in one (1) Pre-Bid Phone Conference to
respond to questions and provide clarifications as necessary to all potential bidders.
b) Bidding Assistance
Consultant will assist City staff during the bidding phase of the project.
Consultant will prepare responses to requests for clarifications as determined by
City staff to be reasonable or necessary for the bidding process. All bidder
questions will be received by City staff and forwarded in writing to the
Consultant for response back to the City staff in writing.
c) Pre-Construction Phone Conference
Consultant's project manager, will prepare for and participate in one (1) Pre-
Construction phone conference with City staff to provide information and
clarification as necessary to the successful bidder prior to beginning construction
activities.
d) Construction Administration
Following award of the construction contract, Consultant will support City staff
during the construction phase of the project. Consultant will review and respond to
Requests for Information(RFI), contractor supplied shop drawings and provide
responses to City staff for distribution to the contractor, as requested by City staff.
Deliverables: Prepare for and participate in one(1)pre-bid conference Prepare plan
clarification response documents to City staff Prepare for and participate in one (1)
pre-construction phone conference. Prepare RFI, submittal reviews,and shop
drawings responses to City staff as requested.
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EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
Position Rate/Hr.
Principal-in-charge $140
Landscape Architect $120
Project Manager $120
CAD Manager $110
Administration $65
Subconsultants Lump Sum
Environmental $29,387
Engineering $27,698
Electrical $6,600
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
City of Redlands Skate Park Design
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
V I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance
elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the inforrnation
and representations made in this certificate are true and correct.
California Skate arks Date: �Z
By:
—
N e :Yas, �. C:a�rl:c► ��.
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