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HomeMy WebLinkAboutContracts & Agreements_32-1997_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR DESIGN OF FIRE DEMONSTRATION GARDEN AT FORD PARK This Agreement is made and entered into this 15th day of April_____, 1997, by and between the City of Redlands, a municipal corporation ("City") and Naturescape Environmental Design ("Consultant"). 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 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 the Fire Demonstration Garden at Ford Park (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 perform 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 performed 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. ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT 3.1 Consultant shall perform the Engineering Services promptly and shall prosecute them diligently in accordance with the time schedule attached hereto and incorporated herein as Exhibit "B " 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 $8,350.00. 4.2 Payment for the Engineering Services requested by City shall be in accordance with the hourly rates shown in Exhibit "C," Rate Schedule 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 hereinabove 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 City of Redlands Fire Department P.O. Box 3005 Redlands, CA 92373 Consultant Naturescape Environmental Design P.O. Box 1329 Redlands, CA 92373 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 agrees to maintain professional liability insurance pursuant to this paragraph to 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. 5.2 Consultant shall maintain workers* compensation insurance and, in addition shall maintain 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 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. 5.3 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 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: Massood Mahmoudi Naturescape Environmental Design Project Manager Alan Hillwig Hillwig-Goodrow Land Surveying Project Surveyor Ken King Ken King Civil Engineer Project Engineer Leon Armantrout Leon Armantrout Architect Project Architect 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 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. 6.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Engineering Services. 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 NATURESCAPE ENVIRONMENTAL DESIGN A B y y Mayor Date April 15, 1997 Date ATTEST: - Cityl e&X- EXHIBIT "A" SCOPE OF SERVICES Consultant proposes to complete the following scope of civil engineering design work: Scope of services shall include: 1. Development of all required surveys, plans specifications, details, itemized cost estimates, design and construction schedules for the construction and development of the Fire Demonstration Garden. 2. All necessary surveys for the location of existing topography and facilities, including but not limited to underground utilities, including water lines, sewer lines, electrical services, and various on-site and off-site improvements. 3. Engineering and architectural plans for the proposed structure, including all structural calculations, floor plans, structural details, building elevations, electrical and lighting, and other required details. The structure shall be approximately 25 feet by 10 feet in size. It shall consist of ignition resistant material including non-combustible exterior walls and a non-combustible roof of Class A roofing material. The structure shall be built consistent with the UBC for a "U" occupancy designation. The design shall visually assist the visitor in showing the proper zone layout for the plants and trees around the home. This structure shall be used as a storage facility for the demonstration garden. 4. Engineering, architectural and landscaping plans for the proposed garden, including all plant materials and locations, irrigation facilities, pipes, controllers, plumbing, electrical systems, and lighting. Landscaping shall consider fire resistant plantings and water conserving irrigation systems. Pathways shall lead the visitors throughout the demonstration area, showing all aspects of fuel modification, from proper plant selection in the correct zone, to proper maintenance throughout the year. Pathways and parking areas shall be constructed of compacted materials and shall consider all applicable requirements for ADA access to the garden site. 5. The design shall provide a four (4) zone concept of fuel modification as follows: Zone 1 - nearest the structure to within 30 feet, Zone 2 - 30 to 50 feet from the structure, Zone 3 - 50 to 100 feet from the structure, Zone 4 - 100 to 150 feet from the structure. Mature existing trees and vegetation found in locations surrounding Redlands Urban Wildland areas shall be depicted. 6. The demonstration garden shall include interpretive signs made of weather and vandal resistant materials, properly secured to the ground. The garden shall also include an firefighter's memorial on behalf of firefighters that have fallen during the course of fighting urban wildland fires. The memorial shall consist of a bronze placard, mounted on a granite rock, and shall be placed in the main visitors area for public viewing. The text of the placard will be provided by the Redlands Fire Department. 7. Complete general specifications in compliance with the "Standard Specifications for Public Works Construction", latest edition. (A sample general specification package will be furnished by the Public Works Department to the successful consultant.) Complete technical specifications defining each element of construction for the building, parking, garden and landscaping areas. 8. Preliminary itemized construction cost estimates for all elements of the work. 9. A tentative construction schedule defining the required time necessary for the completion of the various phases of the project. 10. A complete list of proposed plants. The list shall be grouped by corresponding zones of planting layout for the demonstration garden. 11. A detail of all watering schedules recommended for the proposed plants, including drip irrigation, sprinkler layouts, etc. 12. Assist the Fire Prevention Bureau in developing a series of take-home handouts to provide to the garden visitors. EXHIBIT "B" TIME SCHEDULE Consultant proposes and agrees to perform the engineering, architectural and landscape design services for the design of the Fire Demonstration Garden at Ford Park in accordance with the time schedule presented in the Proposal and attached hereto. 33ME SCHED-TILE I. GENEIIAL 1. we will proceed on the project immediately upon receiving approval from the City. The project will be treated as a high priority in order to meet the time frame outlined below. ILPROJECT TIS ERAh+iF 1. PROJECT COORDINATION ONE WEEK 2. STAFF INPUT ONE WEEK 3. SITE ANALYSIS ONE WEEK 4.BASE PREPARATION ONE WEEK s. PRELIMINARY DESIGN WORK AND PRELIMINARY COST ESTIMATE TWO WEEKS 6. STAFF REVIEW ONE WEEK 7.FINAL DRAWINGS, COST ESTIMATE AND SPECIFICATIONS FOUR WEEKS 8. CITY AND AGENCY REVIEWS ONE WEEK TOTAL PROJECT TIME FRAME TWELVE WEEKS 7 EXHIBIT "C" FEE PROPOSAL Consultant proposes to perform the engineering services for the design of the Fire Demonstration Garden at Ford Park in accordance with the Scope of Services as listed on Attachment "A" Scope of Services for the not to exceed fee of $8,350.00. flaturretre � Mahmoudi r Massood ENVIRONMENTAL DESIGN #` '28 FTM RESISTA-1`T'i DEMONSTRATION GA D .N PROJECT DESIGN FEES I. GENERAL 1. The following is our proposed fee schedule to provide all work listed in the Scope Of Work outlined above for the Fire Resistant Demonstration Garden Project. A. Preliminary Work Surveying $ 1,500.00 Soils Agronomic Testing $ 100.00 SUBTOTAL $ 1,600.00 B. Conceptual Design Workshop meeting $ 300.00 Conceptual Design $ 700.00 SUBTOTAL $ 1,000.00 C. Construction Documents Visitor Center Architectural plans $ 700.00 Working Drawings (planting, irrigation, construction) $ 2,600.00 Written Specifications in Book Form $ 225.00 Signage Design $ 250.00 Cost Estimate $ 175.00 SUBTOTAL $ 3,950.00 D. Project Management Construction review $ 1,800.00 SUBTOTAL $ 1,800.00 GRAND TOTAL FEES $ 8,350-00 2. Our fees have been calculated per our normal hourly rate schedule-Attachment 1.Lump sum fee includes compensation for all overhead and out-of-pocket expenses. Total billing will not exceed the amounts shown without an additional work authorization from the City. LANDSCAPE ARCHITECTURE & CONSTRUCTION (909) 793-8929 P.O. BOX 1329 REDLANDS, CA 92373 ............:.................... 3. Provisions of Attachment I and 2 in the General Conditions section are an integral part of this proposal as if herein written in full. ATTACHMENT 1 NORMAL HOURLY RATES Landscape Architect time at the fixed rate of $60.00 per hour Project Manager time at the fixed rate of $60.00 per hour Secretary's time at the fixed rate of: $27.00 per hour OUTSIDE CONSULTANTS The services of any outside consultants not listed in this proposal will be billed at our direct cost plus 1%of the actual cost of their services for coordination.No additional consultants or expenses will occur unless written permission is received from the City. REIMBURSABLE ITEMS Reimbursable items, such as the cost of blueprinting, graphic reproduction, photo copying and plotting will be billed at our direct cost plus 10%. Check prints will be provided at no cost to the City. TERMS AND CONDITIONS OF PAYMENT We will bill monthly for the portion of work actually completed by us and our consultants on the project at that time.Payment is due upon receipt. ATTACHMENT 2 ADDITIONAL SERVICES Additional services shall be performed only when requested by the City. Payment for such services shall be in accordance with our normal hourly rates per attachment 1. Additional services may include, but are not limited to: 1. Making revisions to previously approved drawings to accomplish changes requested by the City. 2. Any work not listed in the previous sections or outlined in the Scope Of Services provided by the City. OMMRS RESPONSIBILITY 1. Complete information concerning available services and drawings of any on-site utilities and structures. 2. Any restrictions to development or the design program. 3. Any development/plan checking or other fees.