HomeMy WebLinkAboutContracts & Agreements_158-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with landscape design services
("Agreement") is made and entered in this 6Eh day of August,2015 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City)"and STB Landscape Architects,
Inc. ("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 engineering, landscape design, and project
management services for City(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 that Consultant shall perform are more particularly described in Exhibit
"A," entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to State prevailing wage
laws.
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 designates Chris Diggs, Municipal Utilities and Engineering Director 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.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and complete the
Services within twenty five(25) working days after the issuance of a Notice to Proceed.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
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City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
ARTICLE 5 —PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount Fifteen Thousand Eight Hundred Dollars($15,800.00). City shall pay Consultant
on a time and materials basis up to the not to exceed amount, in accordance with Exhibit
"B"entitled"Project Costs and Hourly Rates." Exhibit"B" is attached hereto and
incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services 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 related to the project. City shall pay
Consultant no later than thirty(30) days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given,pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i)on the date
of delivery in person; (ii) five(5)days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or(iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified,registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City Consultant
Chris Diggs, MUED Director Shawn T. Burch, President
City of Redlands STB Landscape Architects, Inc.
35 Cajon Street, Suite 15A 15 South 5th Street
P.O. Box 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 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 the 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. 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 insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City,or certification to
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City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit"C,"entitled
"Workers' Compensation Insurance Certification,"which is attached hereto and
incorporated herein by this reference prior to occupancy of the Premises.
6.3 Consultant shall secure and maintain 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 and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 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.
6.5 Consultant shall have business auto liability coverage,with minimum limits of One
Million Dollars ($1,000,000)per occurrence, combined single limit 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-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents frorn 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 any negligent act or omission by, or the willful misconduct of, Consultant,or its
officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that 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 a governmental decision whether to:
(i) approve a rate,rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
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(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not seine in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
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.
7.3 In the event City officially determines that Consultant must disclose its financial
interests, Consultant shall complete and file a Fair Political Practices Commission Form
700, Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 —GENERAL CONSIDERATIONS
8.1 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, including fees for the
use of in-house counsel by a Party.
8.2 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 Records, drawings, designs, cost estimates, electronic data files, databases and any 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 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or 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.
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8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated
by City, in its sole discretion, by providing not less than five (5) days prior written notice
to Consultant of City's intent to terminate. 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. 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 project related 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 Consultant shall maintain books, ledgers, invoices, accounts and 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 reasonable times
for examination by City at the office of Consultant.
8.7 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 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 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 the 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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS STB LANDSCAPE ARCHITECTS, INC.
:
By: �`��� B
Y Y
Tina T. Kundig, Finance Directo Shawn T. Burch, President
Attest:
e Donaldson,
Deputy City Clerk
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EXHIBIT "A"
Scope of Services
The scope of work includes the final design, complete engineering plans & specifications for
bidding purposes for drought tolerant landscaping for Fire Station No. 262 (Mediterranean
Theme), Fire Station No. 263 (Inland Foothill Theme)and Fire Station No. 264 (Native Theme):
• Themed Drought Tolerant Landscaping
• Tree and Shrub Planting
• Water Conserving Irrigation
Water Use Calculations
The scope of work is further defined in the tasks listed below:
Task 1: Site Visit for Existing Conditions
Visit the site, review and analyze existing conditions, take measurements and prepare an
Existing Conditions Plan,which depicts existing irrigation,vegetation,trees, shrubs, and site
features such as mature trees, and rare or endangered species. Other information should be
included as needed to ensure successful project completion.
Task 2: Design Plans & Technical Specifications
Develop final design plans and specifications for the proposed Fire Stations improvements
including existing conditions, low flow irrigation plans, planting plans, water use
calculations, and erosion control measures for submittal and review by the City. Final
detailed cost estimates shall be provided with the final plans. The plans will meet all
applicable local, County, State and Federal requirements including but not limited to ADA
compliance. The consultant shall submit technical specifications before the final plans are
approved. The consultant shall also provide the City with a compact disc (CD) or digital
versatile disc (DVD). Media shall be in a format compatible with AutoCAD latest version
with layout in accordance with City standards. Final design plans and specifications to be
completed within 25 calendar days from date of award.
The construction document package will include:
a) Title Sheet
Prepare a title sheet, City will provide the City's standard title sheet to incorporate
into final plan set. Adjustments will be made by consultant to be specific to this
proj ect.
b) Demolition Plans
Prepare demolition plans for all items to be removed and/or relocated in the
improvement areas.
c) Irrigation Plans
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Prepare irrigation plans that will utilize low flow water use irrigation equipment.
They will include pressure loss calculations, point of connection, meter size,
backflow devices, mainline, lateral and head Iayout, drip irrigation layout,
controller location, and flow calculations. Details shall demonstrate proper
installation of all irrigation equipment.
d) Planting Plans
Prepare detailed plans for all planting areas within the improvement areas. These
plans will locate and identify all items of plant material to be used. Details shall
demonstrate proper installation of the plants. Drought tolerant plant materials
must be used to conserve water, reduce maintenance and ensure the long-term
health and viability of the plant material.
d) Xeriscape Design Drawing
Prepare a xeriscape design drawing in color for all planting areas within the
improvement areas.
e) Water Use Calculations
Prepare water use calculations for estimated total water use, controller
programming, and maximum applied water allowance for new and rehabilitated
landscapes.
f) Specifications
Prepare construction specifications for the project. City will provide the City's
standard bid documents (i.e., Notice to Contractors, Instructions to Bidders,
Contractor Forms, etc.) to incorporate into final specification package.
Adjustments will be made by consultant to be specific to this project.
g) Construction Cost Estimate
Prepare quantity calculations and final construction cost estimates for the
improvements utilizing similar project construction item bids from recent projects
and compare to establish project budgets.
h) Construction Services
Assist City during the bidding process by reviewing and providing City with
responses to submittal and requests for information (RFI) and shop drawings
related to specialty products and items.
Consultant will provide progress bid documents for review and comments and will incorporate
any redlines from the City before final construction documents are prepared. At least one 60%
set, one 90% set and a 100% set of documents shall be submitted for review during the design
process prior to the preparation of the final construction documents. Mylars will be required for
submittal after approval of 100%submittal.
The consultant will work under the supervision of City staff. During the project, all questions
concerning City policies and procedures will be coordinated through City staff.
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EXHIBIT "B"
Rate Schedule
Position Rate/Hr.
Landscape Architect $125
Landscape Architect/Field $145
Project Manager $95
Project Manager/Field $120
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
�I am aware of the provisions of Section 3700 of the Labor Code which requires 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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
STB Landscape Architects, Inc. Date: e5
By:
Sha T. Burch, President
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