HomeMy WebLinkAboutContracts & Agreements_53-2000_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
DESIGN OF IMPROVEMENTS FOR
THE REDLANDS TRANSIT CENTER
Redlands Boulevard between Orange Street and Third Street
This Agreement is made and entered into this 6th day of June, 2000, by and between the City of
Redlands, a municipal corporation ("City") and L. D. King, Inc. ("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 engineering design services, which are more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Engineering Services"), for the design of improvements for the Redlands
Transit Center on Redlands boulevard between Orange Street and Third Street (the
"Project").
1.2 All work performed by Consultant under this Agreement shall be done in a professional
manner, and Consultant represents that it is skilled and has the professional expertise
necessary to provide high quality Engineering Services to City.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall place at the disposal of Consultant all available information in its possession
pertinent to the Project.
2.2 City will provide access to and make all provisions for Consultant to enter upon property
as required by Consultant to perforin the Engineering Services under this Agreement.
2.3 City will designate in writing a person to act as City's representative with respect to the
Engineering Services to be perfon-ned under this Agreement, and such person shall have
complete authority to transmit instructions,receive information, interpret and define City's
policies and decisions with respect to materials,equipment,elements,and systems pertinent
to the Engineering Services covered by this Agreement.
2.4 With the approval of this agreement,the City shall issue a Purchase Order to the Consultant
for the Project.
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ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT
3.1 Consultant shall perform the Engineering Services promptly and shall prosecute them
diligently in accordance with the schedule attached hereto and incorporated herein as Exhibit
ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 For the performance of the Engineering Services, City will pay Consultant on a time and
materials basis, and, in any event, a fee not to exceed $9,760.00 for the planning phase and
$50,000 for the final design phase.
4.2 Payment for the Engineering, Services requested by City shall be in accordance with the not
to exceed proposal shown in Exhibit "C," Fee Proposal attached hereto and incorporated
herein by this reference.
4.3 Payments by City to Consultant shall be made within 30 days after receipt and approval of
Consultant's invoice, by warrant payable to Consultant.
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 should be addressed as
follows:
City Ronald C. Mutter
Public Works Director
City of Redlands
Public Works Department
P.O. Box 3005
Redlands, CA 92373
Consultant Dale E. Wintergerst
Project Manager
L. D. King, Inc.
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2151 Convention Center Way, Suite 10013
Ontario, CA 91764-4464
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail; in all other instances, notices, bills 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.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Consultant shall maintain workers' compensation insurance and, in addition shall maintain
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insurance to protect City from claims for damage due to bodily injury, personal injury, or
death and claims for injury to or destruction of tangible property while performing the
Services covered by the Agreement. Said public liability and property damage insurance
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shall be in a minimum combined single limit of$1,000.00 per occurrence. The City shall
be named an additional insured on the insurance coverage for public liability and property
damage, and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City. The Consultant shall provide City with a certificate
evidencing such insurance coverage.
5.2 Consultant agrees to maintain professional liability insurance pursuant to this paragraph to
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protect City from negligent acts, errors, or omissions of a professional nature; the total
aggregate of Consultant's professional liability insurance coverage shall be a minimum of
$1,000,000.
5.3 Consultant shall indemnify, hold harmless and defend City and its elected officials, agents,
and employees from and against any and all claims, loss, damage, charge or expense, to
which they or any of them may be put or subjected to arising out of or resulting from any
willful or negligent act or actions, omission or failure to act on the part of the Consultant, its
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contractors, its suppliers, anyone directly or indirectly employed by it or anyone for whose
acts or omissions it may be liable in the performance of the Engineering Services described
in this Agreement.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 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 recover its reasonable attorneys' fees.
6.2 Consultant shall not sublet or assign any of the Engineering Services to be performed under
this Agreement, except with the prior written approval of the City and in strict compliance
with the terms,provisions, and conditions of this Agreement.
6.3 The key Consultant's personnel proposed for this project are as follows:
Dale Wintergerst, Project Manager
Consultant agrees that these key people will be made available and assigned to City's Project,
and that they will not be replaced without concurrence from the City.
6.4 All documents, records, drawings, designs and specifications, cost estimates, and other
Project documents developed by Consultant pursuant to this Agreement shall become the
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property of City and shall be delivered to City at City's request. Any reuse of such
documents for other projects and any use of incomplete documents will be at City's sole risk.
6.5 Consultant is for all purposes under this Agreement an independent contractor and not an
employee of City. All qualified personnel provided by Consultant pursuant to the provisions
of this Agreement are to be employed by Consultant for its account only, and in no event
shall Consultant or any personnel retained by him be deemed to have been employed by City
or engaged by City for the account of or on behalf of City,
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6.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Engineering Services.
Engineering
6.7 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services
and (2) deliver or otherwise make available to City, copies of data, design calculations
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Consultant in performing this Agreement.
6.8 This Agreement, including the attachments incorporated herein by reference,represents the
entire agreement and understanding between the parties and any negotiations,proposals or
oral agreements are intended to be integrated herein and to be superseded by this written
Agreement. Any supplement or amendment to this Agreement to be effective shall be in
writing and signed by City and Consultant.
6.9 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 parties have signed in confirmation
of this Agreement.
CITY OF REDLANDS L. D. KING INC.
By, AlY&A
Mayor /Sr. Vi President
Date June 6, 2000 Date
ATTEST:
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City, erk-
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PROPOSAL FOR
DESIGN OF IMPROVEMENTS FOR
THE REDLANDS TRANSIT CENTER
May 17, 2000
EXHIBIT "Al")
SCOPE OF SERVICES
Consultant proposes to complete the following scope of planning and civil engineering design
work-,
Scope of services shall include:
PART I—Planning Phase
1. We will provide topographic mapping to be used for base sheets for developing the
alternatives.
2. We will develop conceptual drawings to outline three possible layouts, configurations,
circulation patterns and designs for the Redlands Transit Center on Redlands Boulevard
between Third Street and Orange Street.
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We will present and review the conceptual drawings at, one meeting with city staff and
Ommtrans and prepare modifications and revisions based on city staff and I Omnitrans
comments.
4. We will present and review the revised conceptual drawings at one meeting with city staff
and Redlands Allies and prepare modifications and revisions based on comments resulting
from the meeting.
Presentations and deliverables will include conceptual plan view drawings and approximate
construction cost estimates for budgeting and comparison purposes.
PART I—Final Design
L We will design and develop all necessary surveys, plans, specifications, details, estimates of
probable cost, design and construction schedules for the design of improvements for the
Redlands Transit Center on Redlands Boulevard between Third Street and Orange Street.
Furthermore, we will provide necessary surveys for the location of existing facilities,
including but not limited to underground utilities, existing access points and various on-site
and of improvements. Coverage from aerial mapping from the previous design, south
of Shoppers Lane, appears to include the area on Redlands Boulevard and only additional
compilation from existing photographs will be needed and is provided for in part 1.
3. We will provide engineering drawings showing all plan views, profiles and typical sections;
grading details, landscaping details with irrigation facilities, traffic signal at Third Street and
EXHIBIT "B"
SCHEDULE OF WORK
REDLANDS TRANSIT CENTER
May 17, 2000
WEEKS 1 2 3 4 5 6 7 8
MONTHS 2 3 4 5 6 7 8
PLANNING PHASE
Mapping & Base Sheets
Conceptual Drawings 3 alternates
Meet with City& Omnitrans
Revisions & Refinements
Presentation to Redlands Allies
Final Conceptual Plan
FINAL DESIGN
Field Surveys
Prepare Plans -60% 1 MEN
Plan Check-60%
Final Plans - 90%
Specifications & Special Provisions
Plan Check- 90% N
Final Plans, Specifications, Cost Estimate
Final Review by City Staff
Advertise for Construction
EXHIBIT "C"
FEE PROPOSAL
REDLANDS TRANSIT CENTER
May 17,2000
Consultant proposes to perforin the engineering services for the design of improvements to the
Redlands Transit Center in accordance with PART 1, Planning Phase, of the Scope of Services as
listed in Exhibit "A", for the not-to-exceed fee of$9,760.00, not including special graphic renderings
of the proposed improvements. Graphics, if requested, will be prepared for a cost of$1,000 to
$1,500 each, depending on the complexity.
A budgetary estimate for the services in PART II, Final Design -interim facility, will be in the
range of$25,000 to $50,000. The fee for the final design shall be negotiated after completion of the
planning and conceptual design phase.
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BY: CITTYY' By:OF REDLANDS L.D. KING, INC.
C
Mayor, City of Redlands Douglas fT Mays, Sr. Vice President
Date: June 6, 2000 Date:
Attest
Citly Clerk