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HomeMy WebLinkAboutContracts & Agreements_43A-1987_CCv0001.pdf CONTRACT FOR CONSULTANT SERVICES FOR THE CENTENNIAL PARK, REDLANDS, CALIFORNIA On this 17th day of November 1987, the CITY OF REDLANDS, a municipal corporation, hereinafter referred to as the "City, " and ELLIOTT/MALONEY LANDSCAPE ARCHITECTURE, a PARTNERSHIP hereinafter referred to as the "Consultant, "hereby mutually agree as follows: I . SCOPE OF AGREEMENT A. Employment of ELLIOTT/MALONEY LANDSCAPE ARCHITECTURE The City hereby employs the Consultant in accordance with the terms of this agreement to do and perform the consultant services set forth in Section III in connection with the proposed design of CENTENNIAL PARK, on property owned by or licensed to the City and administered by its Community Services Department and located in the City of Redlands, California. B. Contract Documents The complete contract includes all of the contract documents, to wit: the City' s Request for Proposals to provide Master Plan and Construction Documents for the 30 acre CENTENNIAL PARK; the Consultant' s proposal; this Agreement including the project narratives attached hereto as Exhibit 'A, and incorporated herein by this reference; and all other documents, texts and other items incorporated by reference in any of the herein-above-named contract documents. The specific terms and conditions of this Agreement and Exhibits 'A' and IBI attached hereto shall control and have precedence over any contradictory or inconsistent terms and conditions included in the aforementioned contract documents and shall be controlling in questions of interpretation. C. Commencement of Work The Consultant shall commence work under this contract on the date specified in a Notice to Proceed issued by the City, which Notice to Proceed shall be issued within thirty ( 30) days from the date of execution of this contract. D. Time of Completion The Consultant shall have all construction documents one hundred percent ( 100%) complete and ready for review by the 1 City within two hundred ten ( 210) calendar days after the commencement date specified in the Notice to Proceed. E. Failure to Perform Failure of the Consultant to complete the work within the time allowed may result in the contract being terminated by the City. II . PROJECT BUDGET A. Budget limitations The size of the project and the type and quality of construction are dependent upon the funds available to the City for the project. The Consultant will exercise its best judgement in determining the balance between the size of the project, phasing of construction, type of construction, and the quality of construction to achieve a satisfactory solution within budget limitations. The design of the project shall be based upon the scope of work defined in the project narrative attached hereto as Exhibit "A" and made a part of this contract by this reference as though set forth in full herein. No change from said scope of work shall be made unless so authorized in writing by the City' s Community Services Director or his designated representative. B. Project Construction Costs Project construction costs as used in the agreement means the total cost to the City of all work designed or specified by the Consultant, including work covered by change orders and/or alternates, but excluding the following: any payments to Consultant or subconsultants or costs of inspections, fees, surveys, tests, and sites not included in the Projects. When labor or material is furnished by the City below its market cost, the project construction cost shall be based upon current market cost of labor and new material. The project construction cost shall be a mutually acceptable opinion of probable construction cost as submitted by the Consultant, and agreed to by the City, until such time as bids have been received, whereupon it shall be the lowest valid bid plus or minus any change orders and/or alternatives. C. Opinions of Probable Project Construction Cost Opinions of probable construction cost referred to above shall be prepared on a unit cost basis, or more detailed computation if deemed necessary by the City, considering prevailing construction costs including all work for which bids will be received. It is understood that the probable construction cost is affected by the labor and/or material market as well as other conditions beyond the control of the Consultant or City. 2 The Consultant shall review the opinion of probable cost at each phase of its services. If such costs are in excess of the project budget, approval of a higher figure shall be given by the City, or the project will be phased, or the City shall authorize the Consultant to revise the size of the project scope and the type or quality of construction to come within the budgeted limit. III . BASIC SERVICES OF THE CONSULTANT A. Schematic Design Phase 1. The Consultant shall consult with the City to ascertain the requirements of the project and shall attend a maximum of three ( 3 ) scheduled public meetings for community input into design and function. 2. The Consultant shall prepare schematic design studies and site utilization plans leading to a recommended solution, together with a general description of the project for review by various community organizations and public meetings, and approval in writing by the City. 3. The Consultant shall provide the City with written opinions of probable construction cost. 4. The Consultant shall employ an agronomic soil testing laboratory to prepare an agronomic soils report for all planting. B. Design Development Phase 1. The Consultant shall prepare from the schematic design studies the design development documents consisting of site plans, irrigation plans, planting plans, parking lot plans, and other approved drawings and shall outline specifications to fix and illustrate the size and character of the entire project in its essentials as to kinds of materials and such other work as may be required. 2. The Consultant shall inform the City, in writing, of any indicated adjustment in the probable project construction cost. 3. The Consultant shall obtain all required approvals from applicable public agencies. 4. The Consultant shall obtain the City' s written approval of the Design Development Phase prior to beginning work on the Construction Document Phase. C. Construction Document Phase 1. The Consultant shall prepare from the approved design development documents working drawings and specifications setting forth in detail and prescribing the work to be done and the materials, workmanship, finishes and equipment required for the site grading, site construction, irrigation plans, site planting plans, and other work as necessary for the development of the project. The Consultant shall also prepare necessary bidding information, supplementary conditions of the contract and proposal and contract forms, all of which shall be subject to approval by the City Attorney as to form and by the City Manager as to content. 3 2. The Consultant shall obtain required approvals from all applicable public agencies. 3. The Consultant shall promptly notify the City in writing whether or not there is any indicated adjustment in previous opinions of probable construction cost arising from market fluctuations or approved changes in scope or requirements. D. Construction Phase 1. The Consultant shall reproduce sets of the contract documents in the required number, the expense being borne as provided in Article X, C, 3 below and shall assist the City in obtaining proposals from contractors and in awarding the construction contracts. This shall include answering questions from bidders and issuing addendum through the City. 2. The Consultant shall provide technical direction to a Project Inspector employed by the City and responsible to the Community Services Department of the City, but nothing herein shall be construed as requiring the City to hire a Project Inspector. The Consultant shall prepare a marked set of prints indicating dimension, location of buried utility lines (as-built dimensions) which shall be forwarded to the City upon completion of the project. 3. The Consultant will endeavor to secure compliance by contractors with the contract requirements, but the Consultant does not guarantee performance of their contracts. In this connection, however, the Consultant will not submit any work for approval by the City that does not meet the specifications of the contract. 4. The Consultant shall employ a competent materials laboratory to take all required tests to assure the materials used during the construction comply with the minimum requirements called for in the plans and specifications. 5. The Consultant shall: observe the work promptly whenever requested to do so by the City, its agents or employees; provide general administration of the construction contracts, including periodic inspections at the site as the Consultant or the City deems necessary to render construction observation, which is distinguished from the continuous personal inspection of any Project Inspector; make regular reports as may be required by applicable public agencies; keep the City informed of the progress of construction; check and approve schedules and shop drawings for compliance with design; approve substitution of materials, equipment and laboratory reports thereof; prepare change orders for written approval of the City; examine the contractor' s applications for payment; issue certificates for payment in amounts approved by the Consultant; observe contractor' s performance of irrigation system pressure tests; determine date of substantial completion; make final inspection of the project; assemble written guarantees, instruction books, diagrams and charts required of the contractors; and issue the Consultant' s certificate of completion and final certificate for payment. 6. The Consultant, as part of its basic professional 4 services, will provide advice to the City on apparent deficiencies in construction following the acceptance of the work and prior to expiration of the guarantee period of the project. Upon request by the City, the Consultant shall recommend to and direct the general contractor in the action to be taken. 7. Within thirty ( 30) days following the date of the execution of the Notice of Completion, the Consultant shall deliver to the City one complete set of sepia-mylar reproducible plans, showing the project as finally constructed ( "as-built" ) . IV. EMPLOYEES AND SUBCONSULTANTS The Consultant, as part of the basic professional services, shall employ, at Consultant' s own expense, technicians and professionals properly skilled in the various aspects of the design and construction of facilities required. V. LICENSE The Consultant shall maintain a valid, current license to practice in the State of California during the entire period of this agreement, and failure so to do shall be grounds for termination of this contract by the City. All subconsultants shall maintain a current California license in their respective fields. VI . EXTRA SERVICES OF THE CONSULTANT The following services, if performed due to unusual circumstances and which cause the Consultant extra expense and which have been authorized in writing by the City, in writing, shall be paid for by the City as provided in Article X below: A. Revisions and changes in approved drawings required by the City, including the preparation of additives and/or deductive alternates and change orders. B. Observation of repair of damage to the Project. C. The additional services caused by the delinquency or insolvency of the City or the Contractor. VII . DISPUTED WORK In any case where the Consultant deems extra compensation is due for work or services not clearly covered in the contract, or not ordered in writing by the City' s Community Services Director as extra services, the Consultant shall immediately notify the Director in writing of its intention to make claim for such extra compensation before the Consultant begins the work on which the Consultant bases the claim. If such notification is not given, or if the Director is not afforded an opportunity to negotiate the appropriate fee for such extra services, then the Consultant is deemed to have agreed to waive the claim for such extra compensation. Such notice by the Consultant to the Director shall not in any way be construed as proving the validity of the claim. The 5 claim must be passed upon by the Director. In case the claim is found to be just, it shall be allowed and paid for as extra services. VIII . UNAUTHORIZED WORK Work done in the absence or without the knowledge of the City' s Community Services Director or any work done without written authority from said Director, will be considered as unauthorized and at the expense of the Consultant and will not be paid for by the City. IX. THE CITY' S RESPONSIBILITIES A. Budget Limitations The City shall provide full information as to the requirements of the project, including budget limitations and scheduling. B. Inspection Service The City shall furnish all normal building inspection services, however, this shall not relieve the Consultant of its responsibilities for overall observation. C. Legal Services The City shall furnish all legal advice and services required for the Project. D. Administrative Procedures The City shall notify the Consultant of administrative procedures required and name representatives, if any, authorized to act in its behalf. The City shall review documents submitted by the Consultant and shall promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the project. The Consultant shall observe the procedure of issuing any orders to contractors only through the City. Nothing herein contained shall be construed as a delegation by the City of its powers of inspection under all applicable codes, laws and ordinances nor of its power to enforce compliance with the same. X. CONSULTANT' S COMPENSATION A. Basic Services The Consultant agrees to perform professional services required by this agreement in a good and workmanlike manner consistent with accepted community standards, and the City agrees to pay the Consultant for such services compensation in the amount of One Hundred Fifty One Thousand Nine Hundred Forty Four Dollars ( $151,944) and such other payments and reimbursements as hereinafter specifically provided in this agreement. 6 B. Extra Services The City agrees to pay the Consultant compensation for extra services due to unusual circumstances provided by Article VI as follows: NORMAL HOURLY RATES Principle Landscape Architect' s time at the fixed rate of : $60.00 per hour Landscape Architect' s time at the fixed rate of: $50. 00 per hour Landscape Designer' s time at the fixed rate of: $35. 00 per hour Professional Staff ' s time at the fixed rate of : $25. 00 per hour OUTSIDE CONSULTANTS Services of outside consultants at our direct cost, plus 10% of the actual cost of their services for coordination. C. Reimbursements Reimbursements plus 10% cost shall be paid to the Consultant for: 1. Fees advanced for securing approval of authorities having jurisdiction over the project. 2. Securing a competent materials laboratory for the preparation of site investigations and for all necessary testing of materials, as approved by the City. 3. Reproduction of schematic and preliminary plans, and design development plans, beyond what is necessary for City approvals, construction documents for bidding and construction, and marketing brochures. XI . PAYMENTS TO THE CONSULTANT A. Basic Services Payments on account of the agreed compensation in Article X shall be as follows: 1. Survey - Ten percent ( 10%) of total compensation, after review by City. 2. Schematic Design Phase - Twenty percent ( 20%) of total compensation, after review by the City. 3. Design Development Phase - Increase to thirty five percent ( 35%) of total compensation after review by the City. 7 3. Construction Document Phase - a. Construction documents fifty percent ( 50%) complete, increase to fifty five percent ( 55%) of total compensation, after review by the City. b. Construction documents one hundred percent (100%) complete, after review by applicable public agencies, increase to eighty five percent (85%) of the total compensation. 4. Construction Phase - a. On all or that portion of the Project for which documents have been reproduced and bids received, increase to ninety percent ( 90%) of total compensation. b. Subsequent payments shall be made monthly in proportion to the amount of work certified complete. C. Construction complete and accepted by the City, increase to one hundred percent ( 100%) of the total compensation, notwithstanding the Consultant' s services during the guarantee period as provided by Article III , D. 6 . 5. The City shall pay the Consultant within 30 days of written approval of each of the phases listed in Section III . B. Extra Services Payments for extra services provided under Article VI shall be upon the basis of the following: 1. Direct Personal Expense: Monthly, as services are rendered and expenses incurred. C. Reimbursements Reimbursements for fees and other expenses shall be made to the Consultant as incurred. D. Limitation No payment for any work performed by the Consultant shall exceed the limits established in the foregoing sections. XII . TERMINATION OF AGREEMENT A. Termination This agreement may be terminated by either party upon written notice to the other party in the event of a substantial failure of performance by such other party; or if the City should decide to abandon or indefinitely postpone the project. B. Payment Upon Termination In the event of such termination, the City shall pay to the Consultant as full payment for all services performed, and all expense incurred under this agreement an amount the sum total of which bears the same ratio to the total fee otherwise payable under this agreement as the services actually rendered hereunder by the Consultant bear to the total services necessary for the full performance of this agreement, plus any sums due the Consultant for extra services or reimbursements described 8 under Article X, C herein. In ascertaining the services actually rendered hereunder up to the date of termination of this agreement, consideration shall be given to both completed work and work in process of completion and to complete and incomplete drawings and other documents whether delivered to the City or in the possession of the Consultant. C. Recommencement If, upon payment of the amount required to be paid under this Article following the termination of this agreement, the City thereafter should determine to complete the original project or substantially the same project, the City for such purpose shall have the right of utilizing any completed drawings, specifications, estimates and other completed contract documents prepared under this agreement by the Consultant who shall make them available to the City upon request without additional compensation. XIII . ACCOUNTING RECORDS OF THE CONSULTANT Records of the Consultant' s direct personnel and reimbursable expenses pertaining to the extra services of this Project and records of accounts between the City and contractor shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives at all reasonable times. XIV. —WORKERS' COMPENSATION By executing this agreement, the Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. " XV. REPRODUCTION OF DOCUMENTS A. Review Documents The Consultant shall provide the City, in the number required, the preliminary plans and construction documents for the review and approval of the applicable public agencies. B. Bid Documents The Consultant shall furnish the necessary reproductions of the specifications and drawings for use by the City, for securing proposals and for construction of the project. A sufficient number of complete sets of the specifications and drawings as corrected and approved by the City shall be furnished to the City for this Purpose. Reimbursement expenses shall be provided to consultant by City as described under Article X, C herein. 9 XVI . OWNERSHIP OF DOCUMENTS The plans, specifications and opinions of probable project construction cost shall be and remain the property of the City. XVII . RE-USE OF DOCUMENTS In the event the City should ever desire to construct all or part of another project or projects which would be essentially identical to the project which is the subject of this agreement, the Consultant agrees that the City shall have the right to re-use all or any portion of the documents at no additional compensation to the Consultant, provided all reference to the consultant is removed from the documents prior to such re-use. XVIII . ATTORNEYS FEES In the event of any action between City and Consultant seeking enforcement of any of the terms and conditions of this agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonably attorney' s fees. XIX SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this agreement shall be binding upon the City and its successors and upon the Consultant, their partners, successors, executors, and administrators. Neither this agreement, nor any part thereof, nor any monies due or to become due thereunder may be assigned by the Consultant without the prior consent and approval of the City. The City and Consultant hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF, the City and Consultant have executed this agreement the day and year first above written. CITY OF REDLANDS A Municipal Corporation By: L City Manager Attest: CONSULTANT By: Title: BY4— I L" 40--7 1............ Title: 10 EXHIBIT 'B' CENTENNIAL PARK September 1, 1987 Mr. Dan Rodriguez Page 14 SCOPE OF SERVICES Services provided by the Elliott/Maloney design team for Centennial Park will reflect City and Community expectations as described in this proposal and the Project Narrative, and as discussed with Mr. Dan Rodriguez . We will review the existing information for Centennial Park as well as specific community and staff goals and other existing information with the Community Services staff, City Council, Commissions and community members prior to beginning our work. We have already reviewed and studied the Redlands Park and open Space Plan. During this review period we will be preparing necessary survey and topographic mapping of the site. We understand there is sufficient existing survey information in the Engineering Services Department to establish a property line along the southern edge of the property (Sessums Drive) . It will be our policy to stay in close communication with the staff and the community 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. I . CENTENNIAL PARK A. SCHEMATIC PLANS 1. Upon completion of preliminary reviews with City Staff, City Council, Commissions and community members, we will prepare Schematic Designs locating the proposed ballfields including backstops, bleachers, soccer fields, tot lots, picnic areas, restroom/snack bar building with storage, major plantings, lighting locations, parcourse exercise course with jogging trails, circulation and parking lots, per the project narrative. Preliminary estimates of probable construction costs will be prepared for staff review. 2. our office will conduct a community meeting and explain the various concepts to the community. Staff and community input will be incorporated CENTENNIAL PARK September 1, 1987 Mr. Dan Rodriguez Page 15 into the plans. This revised plan will be reviewed with City staff prior to proceeding. Again, we would like to stress that we intend to work with the community as much as required in order to achieve a high quality park development that will enhance the unique community values. We are very sensitive to community input. This input is what can make a development a true success. 3. A final Master Plan will be developed by our office and again reviewed with the City Staff and community members for final approval. Cost estimates of the final Master Plan will be provided. 4. During the Master Plan stage we will also assist the City and community in developing a marketing program to obtain additional funds for implementation of the park. B. DESIGN DEVELOPMENT PHASE 1. Upon receiving staff, Council, Commissions, and community approval on the Master Plan, we will prepare design development documents. These plans will incorporate all information on the Master plans plus information required by the Community Services, Public Works, and Planning Departments in order to identify all required reviews. The documents will begin to layout the site plan, irrigation plan, planting plan, lighting plan and other necessary plans, and will outline the specifications. Elliott/Maloney will obtain all reviews and approvals from all departments, boards and commissions. 2. Plans will be revised to meet all necessary conditions and requirements. 3. We will present the revised plans to the Community Services Department for review and approval as required. C. CONSTRUCTION DOCUMENTS GENERAL: Upon receipt of all approvals of the Design Development Documents we will begin preparation of the Construction Documents. The plans will continue the concepts of low maintenance, vandal resistance, attractive and practical design solutions which will enhance the unique community values. CENTENNIAL PARK September 1, 1987 Mr. Dan Rodriguez Page 16 1. CONSTRUCTION DRAWINGS: Construction Drawings will include street improvements for Orange Street entrance, Church Street to bottom of slope area, and the proposed street through the park connecting Orange and Church Streets (7 sheets street plans and profiles, and 6 sheets water plan profiles) , grading and site plans and details (will locate by dimensioning all project elements as approved in the Design Development Documents. The design of three tennis courts has been included. The design of Sesslims Drive has not been included in the scope of services. We do not anticipate having to widen the Santa Ana River Bridge on Orange Street. Therefore fees are not included for bridge design. 2. IRRIGATION PLANS: We will provide complete plans with possible future phasing work in consideration. Water meter and mainlines and all other elements of the system will be designed to carry optimum amounts of water to irrigate all portions of the site. Full detailing of all work will be included. Vandal resistance, durability, serviceability, reliability, water conservation and efficiency will be our primary concerns. 3. PLANTING PLANS: Complete Planting Plans with all necessary details will be provided. Plant suitability, maintainability, drought resistance and reliability will be primary concerns. 4. SPECIFICATIONS: Specifications detailing materials and workmanship for all of the above items will be provided. 5. COST ESTIMATES: Preliminary and final estimates of probable costs will be prepared for review. 6. BID DOCUMENTS: All documents necessary to publicly bid the project will be provided. We understand the City will distribute the plans for bidding purposes and will receive the bids. We will assist the City in evaluation of the bids received and award of the construction contract. 7. CONTRACT ADMINISTRATION: Elliott/Maloney will prepare all necessary addenda, change orders, field reports, and correspondence necessary. Further, we will approve shop drawings, material samples, and pay requests, and turn over to the City "as-built" drawings. CENTENNIAL PARK September 1, 1987 Mr. Dan Rodriguez Page 17 8. CONSTRUCTION OBSERVATION SERVICES: We will assist and provide technical direction to the City during the construction period by conducting weekly observations on site with the contractor. We will provide advice to the City as required noting apparent deficiencies in construction. 9. ELECTRICAL PLANS: We will prepare a complete set of electrical and sports lighting plans including necessary panel design, softballfield and tennis court lighting, security lighting, and lighting poles. We will provide pole footing structural designs and details. Cost effectiveness, efficiency, durability of fixtures and materials, ease of maintenance, vandal resistance, and control of light spillage are primary concerns in the design of the lighting system. 10. ARCHITECTURE: We will provide complete construction plans for the restroom/snack bar/scorers booth buildings with storage. Drawings will include floor plans, elevations and all details. The ease of maintenance, vandal resistance, aesthetic appearance, and cost effectiveness will be primary concerns in the design of this facility. The design of a sewer lift station for the restroom facilities has been included in our fees.