HomeMy WebLinkAboutContracts & Agreements_116A-2004_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL LANDSCAPE
AND IRRIGATION DESIGN SERVICES FOR THE CITY OF
REDLANDS WASTEWATER RECLAMATION FACILITY
This Agreement is made and entered into this 20th day of July,2004 by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Community Works Design Group
hereinafter("Consultant").
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 perform professional landscape and irrigation design
services for the City of Redlands Wastewater Reclamation Facility,as described in Exhibit
"A" attached hereto and incorporated herein by this reference.
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 similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are 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 in its performance
of the Services including,but not limited to,all California Labor Code requirements and non-
discrimination laws including the Federal Americans with Disabilities Act and the state's Fair
Employment and Housing Act.
2.3 Consultant acknowledges and agrees that if it violates the provisions of the California Labor
Code relating to prevailing wage that City may withhold payments to Consultant pursuant to
Labor Code sections 1726, 1727 and 1771.6.
2.4 Consultant agrees that if it engages a subcontractor to perform any of the Services, that
Consultant shall comply with California Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of sections 1771, 1775, 1776, 1777.5,
1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory provisions for
penalties for failure to comply with state wage and hour laws and to pay prevailing wages
may be enforced by the City pursuant to Labor Code sections 1775 and 1813.
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ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in City's possession that is relevant to the
performance of Consultant's Services.
3.2 City will make provision for Consultant to enter upon City-owned property to perform the
Services.
3.3 City designates Greg Gage to act as its representative with respect to the Services.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B," entitled "Project Schedule."
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$41,520. City shall pay Consultant on a time and materials basis in accordance
with the estimated amounts identified in Exhibit"C" entitled"Project Fee," and based upon
the hourly rates shown in Exhibit "D," entitled "Rate Schedule."
5.2 Within ten days following the end of each month Consultant shall submit an invoice to City
indicating the portion of the Services performed, who performed the Services and costs
incurred. Payments by City to Consultant shall be made within 30 days after receipt and
approval of Consultant's invoice, by warrant payable to Consultant.
5.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows:
Citv Consultant
Greg Gage Timothy Maloney
Municipal Utilities Dept. Community Works Design Group
PO Box 3005 4649 Brockton Avenue
Redlands, CA 92373 Riverside, CA 92506
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 whom notices and payments are
to be given by giving notice pursuant to this section.
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ARTICLE 6 -INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during its
performance of the Services and shall be primary with respect to City and non-contributing to
any insurance or self-insurance maintained by City. Consultant shall not commence the
Services unless and until all required insurance listed below is obtained by Consultant and
Certificates of Insurance and endorsements evidencing such insurance are presented to City.
All insurance policies shall include a provision prohibiting cancellation,except upon thirty
(30)days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout its performance of the Services in amounts which
meet statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City,its elected officials
and employees for losses arising from work performed by Consultant for City by
expressly waiving Consultant's immunity for injuries to Consultant's employees.
Consultant agrees that its obligation to indemnify,defend and hold harmless provided
for in this Agreement extends to any claim brought by or on behalf of any employee
of Consultant. This waiver is mutually negotiated by the parties. To the extent any
of the damages referenced herein were caused by or resulted from the concurrent
negligence of City, its agents or employees, the obligations provided herein to
indemnify,defend and hold harmless are valid and enforceable only to the extent of
the negligence of Consultant, its officers, agents and employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout its performance of the Services 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout its performance of the Services in the amount of one million dollars
($1,000,000)per occurrence and two million dollars($2,000,000)annual aggregate.
6.5 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 its performance of the Services, hired
and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain an
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endorsement that City shall be named as an additional insured.
6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from assigning
any of the Services without the prior written consent of City. In the event of mutual
agreement between the parties to assign a portion of the Services, Consultant shall add the
assignee as an additional insured to Consultant's insurance policies and provide City with
insurance endorsements prior to any Services being performed by the assignee. Assignment
does not include printing or other customary reimbursable expenses that may be provided in
this Agreement.
6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless
City,its elected officials,officers,employees and agents from and against any and all actions,
claims,demands,lawsuits,losses and liability for damages to persons or property,including
costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
corporation,political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions in performing the
Services;but excluding such actions,claims,demands,lawsuits and liability for damages to
persons or property arising from the sole negligence or intentionally wrongful acts of City,its
officers, employees or agents.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 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.
7.2 All documents,records,drawings,designs,cost estimates,electronic data files,databases and
other documents developed by Consultant pursuant to this Agreement 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 will be at City's sole risk.
7.3 Consultant is for all purposes an independent contractor.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.
7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.5 This Agreement may be terminated by the City, without cause, by providing five (5) days
prior written notice to Consultant of intent to terminate.
7.6 If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be
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made, but no amount shall be allowed for anticipated profit or unperformed Services, and
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.
7.7 Upon receipt of a termination notice,Consultant shall immediately discontinue all Services,
and within five (5) days of the date of such 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 work completed up until
notice of termination.
7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in
performing the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.9 This Agreement,including the attachments 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 agreements with regard to the subject matter
hereof between City and Consultant are superseded by this Agreement. Any amendment to
this Agreement shall be in writing,approved by City Council of City and signed by City and
Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS COMMUNITY WORKS DESIGN GROUP
By:
e�l
SrUS A PEPPLE
R TIM THY MALON'Y-Y
Mayor
President
ATTEST:
LqRRIE POY
City Clerk
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Attachment A
AGREEMENT TO FURNISH PROFESSIONAL
LANDSCAPE AND IRRIGATION DESIGN SERVICES
FOR THE CITY OF REDLANDS WASTEWATER
RECLAMATION FACILITY
SCOPE OF SERVICES
A. Program Assessment
1. Consultant will complete a review of existing plans and information provided by the City
for the development of a landscape and irrigation master plan and construction drawings
for the City of Redlands Wastewater Reclamation Facility.
2. Consultant will coordinate the development of an overall design concept with City staff,
including landscape,irrigation,perimeter treatments and hardscape areas.
3. Consultant will complete a management assessment in coordination with City staff
regarding: open space, environmental issues, maintenance, security, waste management,
erosion control,lighting,pedestrian areaslcirculation,and hardscapes
4. Consultant will coordinate a design survey with a licensed surveyor.
B. Schematic and Preliminary Planning
1. Consultant will coordinate development of a landscape and irrigation master plan with
the City,including:
- Identification of preferred construction materials,components,and systems.
- Inventory of existing landscape and irrigation improvements and
recommendations for retention and/or removal
- Review of existing site drainage conditions and systems and recommendations
regarding development opportunities.
- Development of a rendered Master Plan from the Program Assessment and
presentation of the rendered plan to the City.
- Revision of initial plans to meet all necessary conditions and requirements.
- Development of a detailed cost estimate and review with City staff.
- Presentation of revised plans to the City for review and approval as required
by the City.
C. Desien Development
1. Upon approval of the Master Plan by the City, the Consultant will begin production of
design development documents.These plans will begin to establish the exact size,quality
and method of construction of the master plan.
2. The Consultant will prepare irrigation and planting plans and design standards, including
construction details,for the Master Plan.
3. The Consultant will review the Design Development plans with the City throughout the
preparation process.
4. Consultant will provide continuous updates of the project cost estimate, including review
with the City during the design development phase.
D. Construction Documents
Construction documents shall be completed in two phases; the first phase shall include
the Design Development (described in "C" above), resulting in overall completion of
approximately 50% of the drawings. At the 50% completion stage, the drawings shall be
submitted to the City for review and approval,and for final adjustmentsirevisions prior to
preparation of construction details and specifications. Construction Documents at the
50% stage shall include hardscape elements, rough grading contours, layout irrigation
heads, and indicate major planting areas. Upon approval by the City the Consultant shall
continue the Construction Documents to the 100% completion phase. Upon completion
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of the construction documents, the consultant shall submit the drawings to the City for
final review and approval.The Construction.Documents shall contain the following:
1. Fine Grading and Paving Plans: Consultant shall prepare and process a fine grade and
paving plan for construction of finished grading and paving.The plan will be at a scale of
1"=20' and indicate detail finish grading,drainage devices,sidewalks and swales.
2. Construction Drawings: Construction Drawings shall include site plans and details(to be
located by dimensioning all project elements as approved in the Master Plan).
3. Irrigation Plans: Consultant shall prepare complete Irrigation Plans. Water Meter and
mainline locations and all other elements of the system will be designed to carry optimum
amounts of water to irrigate the site. Full detailing of all equipment shall be included.
Vandal resistance, durability, serviceability, reliability, water conservation, efficiency
and consistency with City standards shall be reviewed with the City.
4. Planting Plans: Complete Planting Plans with all necessary details will be provided.Plant
suitability, maintainability, drought resistance and reliability shall be reviewed with the
City.
5. Specifications: Specifications detailing materials and workmanship for all items
contained in the construction documents shall be provided. Consultant shall coordinate
with the City in overall development of a biddable specification document, including use
of City's Standard Specifications for Public Works Construction.
6. Cost Estimates: Final Estimates of probable construction costs will be prepared for
review by the City.
7. Document Processing: Consultant shall submit the Construction Documents for City and
and any applicable agency approvals. Consultant will review plan check comments, if
any,and make all necessary corrections required to obtain applicable approvals.
E. BIDDING PHASE
1. Consultant shall assist the City in conducting a Pre-Bid meeting and provide written
documentation of the meeting, noting direction given to contractors, questions asked,and
follow up clarifications or addendum items.
2. Consultant will prepare complete sets of plans and specifications for bid. AutoCad and
Microsoft Word programs will be utilized as required.
3. Consultant shall assist the City in obtaining and evaluating bids, including coordination
of bid addenda, if required,and responses to questions during the bidding process.
4. Consultant shall assist the City in conducting a pre-award meeting and in preparing the
contract for construction.
F. CONSTRUCTION PHASE
I. Consultant shall review and approve/disapprove all shop drawings and material samples,
and provide comments if required.
2. Consultant shall provide field observations at least weekly during construction.
Consultant shall participate in the final inspection at the conclusion of the 90-day
maintenance period.
3. Consultant shall advise and consult with the City during the construction phase.
4. Consultant shall assist the City in review of monthly contractor's billings, and
recommend billing approval or necessary revisions.
5. Consultant shall supervise the development of as-built plans by the contractor during the
construction phase.
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ATTACHMENT B
AGREEMENT TO FURNISH PROFESSIONAL LANDSCAPE AND IRRIGATION DESIGN SERVICES FOR THE
CITY OF REDLANDS WASTEWATER RECLAMATION FACILITY
PROJECT SCHEDULE
Completion Date
1. Project Orientation/Data Gathering July 16,2004
2. Schematic Design/Preliminary Planning July 23,2004
3. City Review of Preliminary Plans July 30,2004
4. Master Plan Development August 6,2004
5. City Review of Master Plan August 13,2004
6. Design Development Phase August 20,2004
7, City Review of Design Development Documents August 7,2004
8. Construction Documents September 17,2004
9. City Review of Construction Documents September 24,2004
10. Revisions/Corrections to Construction Documents September 30,2004
11. City Approval of Final Construction Documents October 7,2004
12. Construction Bidding Period October 15,2004-November 15,2004
13. Estimated Construction Period December,2004—April,2005
14. Anticipated Completion of Construction April,2005
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ATTACHMENT C
AGREEMENT TO FURNISH PROFESSIONAL LANDSCAPE AND
IRRIGATION DESIGN SERVICES FOR THE CITY OF REDLANDS
WASTEWATER RECLAMATION FACILITY
PROJECT COSTS
It is agreed that the consultant will invoice for percent of work completed for a lump sum not to exceed
the total presented herein. Estimated man-hours are based upon the level of effort as presented in the
Scope of Services. The following are fees to provide all work mentioned in the Scope of Work
(Attachment A) for the Wastewater Reclamation Facility. All meetings as required to complete the project
are included.
Consultant Services
1. Program Assessment- $900.00
2. Schematic and Preliminary Planning- $2,000.00
3. Master Planning- $4,360.00
4. Design Development- $5,270.00
5. Construction Documents- $7,910.00
6. Bidding&Negotiations - $1,900.00
7. Construction Phase - $6,500.00
8. Reimbursables- $3,500.00
NOT TO EXCEED SUB-TOTAL- $32,340.00
OPTIONAL SERVICES
9. Post Construction-As-Builts (if required by City) - $680.00
10. Topographic Mapping(if required by City) - $8,500.00
ALL INCLUSIVE TOTAL-NOT TO EXCEED $41,520.00
ATTACHMENT D
FEESCHEDULE
Principal Landscape Architect--$115.00 per Hour
Landscape Architect-- $95.00 per Hour
Landscape Designer-- $ 75.00 per Hour
Professional.Staff-- $ 55.00 per Hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this agreement, at our direct cost, plus 15% of the actual cost
of their services for coordination.
REIMBURSABLE ITEMS
Reimbursable items, such as the cost of blueprint, graphic reproduction and photo copying, at our direct
cost plus 15%. Auto travel shall be charged at 35 cents per mile.
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