HomeMy WebLinkAboutContracts & Agreements_177-2008_CCv0001.pdf TAV Municipal Utilities and Engineering
E NUO Department
k- 1
MEMORANDUM
TO: Tina T. Kundig, Finance Director/City Treasurer
THROUGH: Rosemary Hoerning, Municipal Utilities and Engineering Director
FROM: Tom T. Fujiwara, Assistant City Engineer f'f(-01
DATE: October 9, 2008
SUBJECT: The Terrace Landscape Design Contract
On October 2, 2007, City Council directed City Manager and staff to hire a consultant to provide
the landscape consulting services for improvement of The Terrace Park. On February 27, 2008,
City retained the consulting services of Community Works Design Group (landscape architect) to
design and prepare a Master Plan for The Terrace Park.
The initial meeting to discuss the design and preparation of The Terrace Park Master Plan with the
North Redlands Visioning Committee (NRVC)was held on March 3, 2008. Since then, there have
been three other meetings with the community group to solicit input and ideas on how to improve
The Terrace Park. On June 2, 2008, the NRVC came to a consensus on the design of the park
improvements and officially approved The Terrace Park Master Plan. On August 14, 2008, the
Terrace Park Master Plan was presented to the City Parks Commission for consideration and
approved the master plan unanimously.
The next phase of completing the development and improvement of The Terrace Park is to retain
the services of a landscape architect to design and prepare the landscape plans and technical
construction specifications for construction purposes. The Requests for Proposal were sent to four
qualified landscape architect firms. Upon review of the proposals by the selection committee,
Community Works Design Group was selected to be the best qualified firm to conduct this work.
Attached is a Consultant Services Agreement with Community Works Design Group in the amount
of $16,260.00 and consultant selection matrix for your review and approval. The agreement has
been reviewed and concurred by the City Attorney. Also attached is a copy of the Insurance
Certificate for your reference, which is already in our file.
The fund for the consulting work is from the Park Development Fund, which has an approximate
balance of $2,580,000.00 currently. The current budget allocates $25,000.00 under Special
Contractual Services in the Park Development Fund for this contract.
Attachment
TTF-Itf
I t1 h ACT-PAR K
AGREEMENT FOR PROVIDING LANDSCAPE DESIGN SERVICES FOR THE
CITY OF REDLANDS TERRACE PARK LANDSCAPE PROJECT
This agreement for landscape design services ("Agreement") is made and entered into this
day of October, 2008 ("Effective Date"), by and between the City of Redlands, a municipal
corporation("City")and Community Works Design Group("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 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform landscape design services for City's "Terrace
Park Landscape Project" (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 which Consultant shall perform are more particularly described in Exhibit"A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act and the Fair Employment and Housing Act.
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 will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant, to perform the Services.
.33 City designates Eric Weck 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.
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ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule to be provided by the City.
4.2 At any time during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" means any work which is determined
necessary by City for the proper completion of the project or work for which the Services are
being performed, but which the Parties did not reasonably anticipate would be necessary at
the time of execution of this Agreement. Provided the Extra Work does not exceed twenty
percent (20%) of the compensation to be paid by City to Consultant for the Services, such
Extra Work may be agreed to by the Parties by written amendment to this Agreement,
executed by City's City Manager. Consultant shall not perform, nor be compensated for,
Extra Work without such written authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Sixteen Thousand Two Hundred Sixty Dollars ($16,260.00). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, based upon the
hourly rates shown in Exhibit"B," entitled"Rate Schedule."
5.2 Consultant shall submit monthly invoices to City describing the work 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, if any. City shall pay Consultant no later than
thirty(30) days after receipt and approval by City of Consultant's invoice
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
Ci Consultant
Eric Weck Tim Maloney
Municipal Utilities and Engineering Dept. Community Works Design Group
City of Redlands 4649 Brockton Avenue
35 Cajon Street, Suite 15A Riverside. CA 92506
PO Box 3005 (mailing)
Redlands, CA 92.373
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When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to who notices and
payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 - INSURANCE AND INDETNINIFICATION
6.1 Insurance Guaranty. All 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 all 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. All 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. Consultant shall secure and maintain
Worker's Compensation and Employer's Liability insurance throughout the duration of its
performance of the Services in accordance with the laws of the State of California, with an
insurance carrier acceptable to City.
6.3 Hold Harmless and Indemnification. 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 Consultant's and its officers', employees' and agents' sole
negligent acts or omissions in performing the Services.
6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without
the express prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Consultant shall add the assignee as an additional insured and
provide City with the insurance endorsements required by this Agreement prior to the
performance of any Services by the assignee. Assignment does not include printing or other
customary reimbursable expenses that may be provided for in this Agreement.
6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the term of this Agreement 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. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.6 Professional Liability Insurance. 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,
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6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars($1,000,000)per occurrence,combined single
limit for 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-oNvned vehicles,and employee non-ownership vehicles. Such insurance shall
be primary and non-contributing-to any insurance or self insurance maintained by City. City,
shall be named as an additional insured.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in the
real property that is the subject of this Agreement or any other source of income, interest in
real property or investment which 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 or participate in:
(i) the making or any governmental decisions regarding approval of a rate,rule
or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to which
I
City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting 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 all 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.
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7.3 In the event City officially determines that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office
pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. 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 Prohibition Against Assignment. 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 Documents and Records. All documents, records, drawings, designs, cost estimates,
electronic data files, databases and 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 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and shall perform the Services as an independent contractor. Neither
City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as herein set forth. Consultant shall supply all tools and
instrumentalities required to perform the Services. All personnel employed by Consultant
are for its account only, and in no event shall Consultant or any 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.
8.5 Termination.
A. Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City.
13. This Agreement may be terminated by City,in its sole discretion,by providing thirty
(30) days' prior written notice to Consultant (delivered by certified mail, return receipt
requested) of City's intent to terminate.
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C. 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.
D. 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 any 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 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts
and all 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 all
reasonable times for examination by City at the office of Consultant.
8.7 Entire Agreement/Amendment. 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 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
8.9 Severability. 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 any offthe 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.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
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CITY OF REDLANDS COMMUNITY WORKS DEIGN GROUP
Bv: w - } By:
Tina T. Kundig Timothy I. Maloney
Finance Director/Ciq easurer President
Attest• /y
Lo ie Poyzvj
ty Clerk
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ATTACHMENT A
City of Redlands
The Terrace Park Landscape Design Services
SCOPE OF SERVICES
THE TERRACE PARK IMPROVEMENT S August 29, 2008
SCOPE OF SERVICES
Services provided by the CWDG design team for The Terrace Park Improvements will reflect City and
community expectations.
We will review the existing site conditions and other information with the City staff prior to beginning our
work. It will be our policy to stay in close communication with the City and encourage participation. We
feel that much information is to be gained by this interaction and that many problems can be eliminated by
doing so.
A. PHASE I- PREPARATION OF WORK PLAN/MATERIAL COLLECTION:
I We will conduct a project kick-off meeting with the City's Project Team to discuss project
objectives, project schedule, parameters and budget factors.
2. We will conduct a thorough physical inspection of the project site,collect all data regarding
existing improvements and facilities within the park.
3 We will collect all materials regarding existing conditions from the various agencies
necessary to complete the design of the project. We will review the Master Plan,prepared
by our office, with City staff and "fine tune" the plan prior to moving forward. We
understand that all "as-built" plans that are available will be provided by the City.
4. We will attend all meetings as required during this phase of the project.
B. PHASE 11-DESIGN AND FINAL DESIGN:
There will be two phases of the Construction Document Phase. The first phase will include the
Design Development, in which we will bring the drawings to approximately 85-90% completion.
Plans at this stage will outline all hardscape elements, layout irrigation heads, tree lighting and
indicate major planting concepts. These plans will be presented to the City for review in order to
determine any final adjustments prior to working out details and beginning specifications. Once
approved,our office will continue on the Construction Documents until 100%complete,where they
will be turned over to the City as required for final reviews. We will attend all meetings as required
during this phase of the project.
1. CONSTRUCTION PLANS: We will prepare complete construction plans for the
improvement items at Terrace Park. Items to be included are: monument signs (2), D.G.
trail with steel edging,security lighting at trail,ADA access ramps,PVC split rail fencing,
benches,drinking fountains,trash containers and pedestrian stairway. We will provide all
construction details for the items noted above.
2. IRRIGATION PLANS: We will review the existing irrigation systems and make
recommendations for improvements as required. Controllers will be evaluated and
reviewed to see if they should be replaced with state-of-the-art systems to insure that they
meet the new City standards. Full detailing of all equipment will be included. Vandal
resistance, durability, serviceability, reliability, water conservation and efficiency will be
our primary concerns.
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THE TERRACE PARK IMPROVEMENTS August 29, 2008
3. PLANTING PLANS: Complete Planting Plans, per City, standards, with all necessary-
details will be provided. Plant suitability, re-usability, maintainability, drought and frost
resistance and consistency with the existing themes will be primary concerns.
4. SPECIFICATIONS: Technical specifications detailing materials and workmanship for all
of the above items and the Special Provisions will be provided in the required City format.
5. COST ESTIMATES: Final estimates of probable costs will be prepared for review. Costs
for annual maintenance will be provided for all services.
6. DOCUMENT PROCESSING: We will submit the documents for City approvals. We will
review documents and make all necessary corrections.
7. APPROVALS: We will submit plans to the City for routing and approval by all concerned
departments in the required format.
C. PHASE 111. - BIDDING PHASE
L When the project goes out for competitive bidding,we will assist the City in the bid process,
noting direction given to contractors.
, questions asked and follow-up clarifications or
addendum items.
2. We will attend the pre-bid meeting and provide written minutes and follow up information
as required.
3. We will assist the City in obtaining and evaluating bids as required.
D. PHASE 1V -CONSTRUCTION PHASE
I. We will coordinate with the City, as required,throughout the life of the project.
2. This phase will commence with the notice to proceed to the contractor and terminate when
final payment is issued by the City.
3. We will attend up to three meetings at the request of the City.
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ATTACHMENT B
City of Redlands
The Terrace Park Landscape Design Services
RATESCHEDULE
THE TERRACE PARK IMPROVEMENTS August 29, 2008
ATTACHMENT- I
NORMAL HOURLY RATES
Principal Landscape Architect's
time at the fixed rate of. $115.00 per hour
Landscape Architect's
time at the fixed rate of: $95.00 per hour
Landscape Designer's
time at the fixed rate of $75.00 per hour
Professional Staffs
time at the fixed rate of: $55.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of
their services for coordination,
REIMBURSABLE ITEMS
Reimbursable items such as the cost of plotting, graphic reproduction and shipping, at our direct cost plus
15%. Mileage will be billed at 45 cents/mile. An allowance for reimbursables has been included in the
proposal.
TERMS AND CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the percentage of work complete at the time of billing. All
billing statements are due upon receipt,
ADDITIONAL SERVICES
Additional Services shall be performed only when requested or approved by the Owner. Compensation for
such services shall be in accordance with our Normal Hourly Rates and Reimbursable Items per Attachment
1. Additional services may include, but are not limited to:
1. Making measurements or drawings of existing construction when requested by the Owner.
2. Revising previously approved drawings to accomplish changes ordered by the Owner.
3. Any work requested by the Owner that is not heretofore mentioned.
4. Structural Soils investigation.
5. Environmental investigations and reports.
6. Structural Engineering.
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