Loading...
HomeMy WebLinkAboutContracts & Agreements_40-2005_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR STUART AVENUE TO UPDATE STREET IMPROVEMENT PLANS, PREPARE WATER AND SEWER PLANS, PREPARE A DRAINAGE STUDY AND STORM DRAINAGE PLANS This Agreement is made and entered into this 15th day of March, 2005 by and between the Redevelopment Agency of the City of Redlands ("Agency") and Hicks & Hartwick, Inc. ("Consultant"). In consideration of the mutual promises contained herein, Agency and Consultant agree as follows: Z� ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 Agency hereby engages Consultant to perform engineering services for right-of-way z:1 - acquisition, certification and constructability review (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 Agency 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 specific Services which Consultant shall perforin are more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference. 222 Consultant shall comply with all applicable Federal, State and local 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 seq. and non-discrimination laws including the Americans with Disabilities Act and the Fair Employment and Housing Act. 2.3 Consultant further understands that if it violates the provisions of the Labor Code relating to prevailing wage, that Agency may enforce the Labor Code by notice of the withholding of contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726, 1727 and 1771.6. 2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the Services that Consultant shall comply with Labor Code sections 1.775 and 1777.7 by providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 17 77.5, 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 ilibe enforced by Agency pursuant to Labor Code sections 1775 and -7 1 1513,. wages may z ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 Agency shall make available to Consultant infon-nation in its possession that is pertinent to the performance of Services. 3.2 Agency will make provisions for Consultant to enter upon Agency-owned property as required by Consultant to perform the Services. 3.3 Agency d esignates W illiam B. H ems1ey t o a ct a s i is r epresentative 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 in accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$54,100. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "C" entitled "Project Fee," and based upon the hourly rates shown in Exhibit "D," entitled "Rate Schedule." 5,2 Consultant shall bill Agency within ten days following the close of each month by submitting an invoice indicating the portion of the Services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by Agency 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: Agenc Consultant William B. Hemsley James W. Hicks Public Works Department Hicks &Hartwick, Inc. City of Redlands 37 E. Olive Avenue 35 Cajon Street, Suite 222 Redlands CA 92373 PO Box 3005 (mailing) Redlands, CA 92373 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. I giving ARTICLE 6 - INS NCE 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 Agency and non-contributing to any insurance or self-insurance maintained by Agency. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide Agency with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to Agency. 62 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 Agency. B. Consultant expressly waives all rights to subrogation against Agency, its elected officials, employees and volunteers for losses arising from work performed by Consultant for Agency 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. This waiver shall not apply to any damage resulting from the negligence of Agency, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of Agency, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable o my t o t he e xtent o f t he n egligence o f C onsultant, i is 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 Agency. 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 Agency 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. 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 the Services, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement that Agency shall be named as an additional insured. 6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or assigning any of the Services covered by this Agreement without the express prior written consent of Agency. I n the event o f mutual agreement between parties to sublet a portion of the Services, Consultant shall add the subcontractor as an additional insured and provide Agency with the insurance endorsements prior to any Services being perfornied 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 Agency, 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 under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or intentionally wrongful acts of Agency, its officials, 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 Consultant's key persons to perform the Services are Mark Whitmer and James W. Hicks. Consultant agrees that these key people shall be made available and assigned to perform the Services and that they shall not be replaced without concurrence from Agency. files, databases, /.3 All documents, records, drawings, designs, cost estimates, electronic data f and other documents developed by Consultant pursuant to this Agreement and any g copyright interest in said above described documents, shall become the property of Agency and shall be delivered to Agency upon completion of the Services, or upon the request of Agency. Any reuse of such documents and any use of incomplete documents will be at Agency's sole risk. 7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services described in this Agreement. 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 Agency or engaged by Agency for the account of, or on behalf of Agency. 7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by Agency. 7.6 This Agreement may be terminated by Agency, without cause, by providing five (5) days prior written notice to Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.7 If this Agreement is terminated by Agency, an adjustment to Consultant's compensation I 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 Agency occasioned by any default by Consultant. 7.8 Upon receipt of a termination notice, Consultant shall (1) immediately discontinue all services affected, and (2) within five (5) days of the date of said termination notice, deliver or otherwise make available to Agency, 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 required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to the Services. Such books shall be available at all reasonable times for examination by Agency at the office of Consultant. 7.10 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 oral agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by Agency and signed by Agency and Consultant. 7.11 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 Agency and Consultant have signed in confirmation of this Agreement. REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS HICKS & HARTWICK, INC. By: By; S'/San Peppler James W. Hic s 4Z Chair Attest: Ag cy Secretary '{ EXHIBIT "A" SCOPE OF WORK 1. Modify the Stuart Avenue improvement plans to remove from the plans all new improvements at or north of the existing northern curb or edge so that no right of way will be required and no existing parking spaces will be lost with the project. Provide design for a standard street intersection for the south side of Stuart Avenue and Third Street and or the new parking structure entrance centered approximately at Station 14+15 (the exact location will be determined once the parking structure plans are developed). 2. Provide street light locations on the SIP for Stuart Avenue to match the City's standards. 3. Analyze the drainage tributary to Stuart Avenue confluencing at Texas Street including the proposed parking structure and retail site south of Stuart Avenue and north of the railroad tracks. The study will provide storm flows for the build-out condition 10, 25, 50 and 100- year storms. 4. Design a storm drain system in Stuart Avenue and Texas Street (see attached plat) to carry the 100-year storm flow (at build-out for the tributary area) from Stuart Avenue at the alley just east of Third Street to the Zanja channel near Texas Street, Redesign the storm drain for two phases for the Stuart Avenue storm drain construction (with phase I being frm the east of Eureka Street to 200 feet west of Eureka Street with an interim outlet and phase 2 being west of Eureka Street to the Zanja). 5. Provide grant deed documents including the legal description and the plats showing the area to be dedicated to the City of Redlands for Stuart Avenue right of way for the two southern parcels (one owned by Krikorian and the other by the City). 6. Sewer improvement plans for Stuart Avenue from Eureka to Third Street, 7. Water improvement plans for Stuart Avenue from Eureka to Orange Street. Exclusions to Scope of Work 1. Reimbursable costs 2. Title company fees 3. Electronic files EXHIBIT "B" PROJECT SCHEDULE Hicks & Hartwick, Inc. shall complete the services by September 30, 2005. EXHIBIT "C" PROJECT FEE Hicks & Hartwick, Inc. will perform the services identified in Exhibit "A" entitled Scope of Work on a time and materials basis for the following estimated fees: Item 1. $4,000.00 Item 2 - $100.00 Item 3 - $8,000.00 Item 4 - $34,000.00 Item 5 - $1,000.00 Item 6 - $3,500.00 Item 7 - $3,500.00 EXHIBIT "D" RATE SCHEDULE Fees for professional services Services outlined under Extra Services shall be provided on a time basis and computed as follows: Principal $ 145.00 Engineer $ 104.00 Designers $ 70.00 to $81.00 Drafters $ 69.00 Two man survey crew $138.00 Three man survey crew $161.00 Secretary $ 55.00 Extra Services 1. Extra Services shall be provided on a time basis computed as listed above. 2. Extra Services are any item not listed in the scope of work, including revisions and changes to the drawings after their approval by the designated responsible person, 3. Any changes requested by the City will be verified with a change order form completed by Hicks & Hartwick, Inc. No revisions will be made without authorization by the City Council.