HomeMy WebLinkAboutContracts & Agreements_104-2004_CCv0001.pdf v AGREEMENT TO FURNISH SERVICES FOR THE PERFORMANCE.OF TRAFFIC
ENGINEERING CONSULTING SERVICES
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This Agreement is made and entered into this 6th day of July,2004 by and between the City
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of Redlands, a municipal corporation (hereinafter "City") and.International Parking Design, Inc.
(hereinafter"Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows.
ARTICLE 1 -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to preform professional consulting services, including
preliminary surveys, utility, environmental and other studies, for the design of a "Core
Block parking structure for City's downtown(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 high quality
Services for the Project at the level of competency presently maintained by other practicing
professional Consultants in the industry providing similar types of services.
ARTICLE 2 -RESPONSIBILITIES OF CONSULTANT
2.1 The Services which Consultant shall perform are described in Consultant's 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 rules, laws and
regulations in the performance of this Agreement including but not limited to all applicable
Labor Code and prevailing wage laws commencing at California Labor Code section 1770
et sem. and non-discrimination laws including the American's with Disabilities Act.
2.3 Consultant further understands that if it violates the provisions of the California Labor Code
relating to prevailing wage,that City may enforce the California Labor Code by withholding
contract payments to Consultant or its subcontractor pursuant to Labor Code sections 1726,
1727 and 1771.6.
2.4 Consultant agrees that if it executes an agreement with a subcontractor to assist in
performance of the Services, that Consultant shall comply with California Labor Code
section 1775 and 1777.7 including providing 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 City pursuant to Labor Code
sections 1775 and 1813.
Agreement IPD 6-24-04."d 1
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services,
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
property or rights-of-way as required by Consultant to perform the Services pursuant to this
Agreement.
3.3 City designates Ronald C. Mutter to act as its representative with respect to the Services to
be performed under this Agreement.
ARTICLE 4 -PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and shall complete
the Services within two weeks from the date City issues a Notice to Proceed to Consultant.
ARTICLE 5 - PAYMENT AND NOTICE
5.1 The total compensation for Consultant's performance of the Services shall be$206,000.00.
5.2 Consultant shall bill City for the Services upon its completion of the Services. Payment by
City to Consultant shall be made within 30 days after receipt and approval of Consultant's
invoice.
5.3 All notices,bills and payments,as required under this Agreement,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:
City Consultant
Ronald C. Mutter Clifford E. Smith, Senior Vice President
City of Redlands International Parking Design, Inc.
35 Cajon Street, Suite 222 2 Faraday, Suite 101
P. O. Box 3005 Irvine, CA 92618
Redlands CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances,notices,bill and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices,bills, and payments are to be given by giving notice pursuant to this paragraph.
Agreement 1PD 6-24-04.wpd 2
ARTICLE 6 -INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant for the duration
of this Agreement 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. Consultant
shall provide City with Certificates of Insurance and endorsements evidencing such
insurance prior to commencement of work. All insurance policies shall include a provision
prohibiting cancellation of the policy 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 the duration of this Agreement 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, employees and volunteers for losses arising from work performed by
Consultant for City by expressly waiving Consultant's immunity for injuries to
Consultant's employees and agrees that the 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 and shall not apply to any damage resulting from the sole negligence of City,
its agents and employees. 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
is 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 the duration 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.
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 the duration
of this Agreement in the amount of one million dollars($1,000,000)per occurrence and two
million dollars ($2,000,000) annual aggregate.
Agreement 1PD 6-24-04.wpd 3
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
for performance of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an
additional insured.
6.6 Assignment and Insurance Rpnuirgmpnts.
Consultant is expressly prohibited from subletting or assigning the Services covered by this
Agreement without the express written consent of City. In the event of mutual agreement
between parties to sublet a portion of the Services, Consultant shall add the subcontractor
as an additional insured and provide City with the insurance endorsements prior to any work
being performed by the subcontractor. 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 Gatt4etefe 's negligent and/or—
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intentionally wrongful acts or omissions under this Agreement;but excluding such actions,
I L,
, from
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 Consultant's
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, costs estimates, electronic data files and
databases and other documents developed by Consultant pursuant to this Agreement 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 for other projects 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 Consultant be deemed to have been employed by City or engaged by City for the
account of or on behalf of City.
Agreement 1PD 6-24-04.wpd 4
7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.5 This Agreement may be terminated by either party, without cause, by providing seven (7)
days prior written notice to the other party (delivered by certified mail, return receipt
requested) of intent to terminate.
7.6 If this Agreement is terminated by City,an adjustment to consultant's compensation shall be
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 from City,Consultant shall discontinue all services and
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 documents that may have been
prepared or assembled by Consultant in performing the Services.
7.8 Consultant shall maintain books,payroll costs and all expenses associated with the Services.
Such books shall be available at all reasonable times for examination by the City at the office
of Consultant.
7.9 This Agreement, including the exhibits incorporated herein by reference, represents the
entire agreement of the parties as to the matters contained herein and any prior negotiations,
written proposals or oral agreements relating to the subject matter hereof are superseded by
this Agreement. Any amendment to this Agreement shall be in writing, approved by the
City Council of City and Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed
in conformation of this Agreement.
City of Redlands, ("City") International Parking Design, Inc., ("Consultant")
By: By:
4S an Pep4plera or Clif d E. Smith, Senior Vice Presi ent
ATTEST:
Lorrie'Poyzer, C rk
Agreement!FD 6-24-04,wpd 5
Exhibit f."All
SCOPE OF WORK
Consultant shall prepare a complete set of drawings showing concepts, schematics and design
alternatives, including required site and layout drawings, elevations, off-site improvements, material
boards, general details, cost estimates and construction schedules for City's proposed "Core Block
Parking Structure." Consultant shall also provide to City information on potential income generation
and cost-recovery strategies that include, but are not limited to, charging for parking and leasing of
parking spaces. Operation and maintenance costs should be considered including the potential for
security services.
Consultant shall take into account in its performance of the Services the following general
parameters which have been developed for the proposed "Core Block Parking Structure:"
• The parking structure should be designed to park a minimum of 660 vehicles, with up
to 800 vehicles being preferred.
• The parking structure should have four levels, with one level below grade and three
levels above street grade.
• The parking structure should have three double-loaded parking aisles with diagonal slots
to optimize the number of vehicles that can be accommodated within the given width of
the site.
• The parking structure should be designed to maximize the amount of area available for
parking and minimize the amount of area needed for access ramps.
• The parking structure should be designed with a guard rail height for the top level that
does not exceed 29 feet above the base ground level(street level).
• The parking structure should have a mid-span pedestrian-only connection over the tracks
to a point in the City's proposed plaza area.
• There shall be a point of access or access/egress to the parking structure from/to the
south along the Third Street corridor. This access shall be developed under the existing
railroad tracks (grade separation) and into the below-grade level of the structure.
Entrance and exits shall also be considered from Stuart Avenue onto the main level of
the structure. Minimum height clearances shall be established considering the railroad
bridge structure requirements and dimensions.
Core Block Scope 6
Scope of Work
Page 2
• The parking structure should be designed with the ability to expand the facility vertically
(upwards) that could allow for air rights uses such as offices, residential apartments or
additional parking levels. Also, the design concepts should explore how the facility
might be expanded horizontally to the east,or constructed in phases that involve only the
extension of flat parking floors.
• The proposed parking structure site is approximately 450 feet long by 150 feet wide.
The western most part of the property at Eureka Street should be left as a developable
pad, not less than 15,000 sf, for new commercial construction — this building should
effectively mask the view of the western end of the parking garage from Eureka Street
and properties to the west.
• The design of the structure will permit the construction,along substantial portions of its
north elevation, of either commercial or residential facilities that will mask the parking
if Stuart Avenue were to be realigned northerly and the setback between the street and
the parking structure increased.
Core Block Scope 7