HomeMy WebLinkAboutContracts & Agreements_155-2012_CCv0001.pdf AGREEMENT TO PERFORM ENGINEERING SERVICES
FOR THE DESIGN OF THE ORANGE BLOSSOM TRAIL
This agreement for the provision of engineering services for the City of Redlands
("Agreement'')is made and entered into this 18'h day of September,2012("Effective Date"),by and
between the City of Redlands, a municipal corporation ("City") and RHA Landscape Architects-
Planners,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 I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant for the preparation of an engineering design, plans, and
specifications for 1.3 miles of the Orange Blossom Trail (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, the Americans with
Disabilities Act, the Fair Employment and Housing Act and 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 Mr. Chris Diggs as the 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 in accordance
with the schedule set forth in Exhibit "B," entitled "Project Schedule."
4.2 During the term of this Agreement,City may request that Consultant perform Extra Services.
As used herein, "Extra Services"means any work that is determined necessary by City for
the proper completion of the project or work for which the Services are being performed,but
which the Parties did not reasonably anticipate would be necessary at the time of execution
of this Agreement. Provided the Extra Services do not exceed twenty percent(20%) of the
compensation to be paid by City to Consultant for the Services, such Extra Services may be
agreed to by the Parties by written amendment to this Agreement, executed by the City
Manager,or duly authorized city official.Consultant shall not perform,nor be compensated for,
Extra Services without such written authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Forty Nine Thousand Dollars($49,000.00). City shall pay Consultant on a time and
materials basis based upon the hourly rates shown in Exhibit "C," entitled "Rate Schedule."
.0
Exhibit" " is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the work 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 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City of Redlands: Consultant:
Chris Diggs, Deputy MUED Director Doug Grove, Principal
Municipal Utilities and Engineering Dept. RHA Landscape Architects-Planners,
35 Cajon Street, Suite 15A Inc.
PO Box 3005 (mailing) 6216 Brockton Avenue, Suite 212
Redlands, CA 92373 Riverside, CA 92506
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 5.3.
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 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 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with the laws
of the State of California, with an insurance carrier acceptable to City as described in Exhibit
"D," entitled"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference.
6.3 Consultant shall secure and maintain in force throughout the term of this Agreement
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 the insurance policy shall include a provision prohibiting
modification of coverage limits or cancellation of the policy except upon thirty(30)days prior
written notice to City. Such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
6.4 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 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.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,employees
and agents from 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 and negligent act,
omission or failure to act by Consultant, 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 or participate in:
(i)the making of any City decisions regarding approval of a rate,rule or regulation, or
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the adoption or enforcement of laws;
(ii)the issuance,denial,suspension or revocation of City permits,licenses,applications,
certifications, approvals, orders or similar authorizations or entitlements;
(iii) authorizing the City to enter into, modify or renew a contract;
(iv)granting 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) granting City approval to a plan, design, report, study or similar item;
(vi)adopting,or granting City approval of,policies, standards or guidelines for City or
for any subdivision thereof.
B. Does not serve 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 by
completing and filing a Fair Political Practices Commission Form 700,Statement of Economic
Interests.Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the
written instructions provided by the Office of 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 Project related documents, 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 of its agents shall have control over
the conduct of Consultant or Consultant's employees,except as herein set forth.Consultant shall
supply 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.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by Cit-y.This Agreement may be terminated by City,
in its sole discretion,by providing thirty(30)days prior written notice to Consultant(delivered
by certified mail, return receipt requested) 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,an 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.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in
confirmation of this Agreement.
CITY OF REDLANDS RHA LANDSCAPE ARCHITECTS-
PLANNERS, INC.!\
By: By. \A-!
Pete Aguilar, Mayor Don GrovdPrincipal
Attest:
Sam Irwin, City tJerk
EXHIBIT "A"
SCOPE OF SERVICES
The following technical approach and scope of work was submitted by Consultant to City and is the
Scope of Services for this Project;
SCOPE OF WORK
PROJECT UNDERSTANDING
We(RHA Landscape Architects-Planners)understand that the project is Engineering and Final Design'
Services for a 1.3 mile segment of the planned Orange Blossom Trail in Redlands, California. The
Change Blossom Trail is proposed to be 7.5 miles between Mountain.View Avenue and typal Avenue,
primarily along flood control and railroad right-of-way,and connecting to the Santa Ana River Trail at
both ends. When completed,the grange Blossom Rail Trail will let hikers and bicyclists walk and ride
from.the Santa Ana.River Trail south to a route which follows the Mission Zanja to the unused rail beds
through the middle of town to Opal Avenue and back to the Santa Ana River Trail.
This Scope of Services is to provide:final design, complete engineering plans and specifications for:
bidding purposes,and permitting of the entire 1.3-mile length as follows:
Phase I.
• Bicycle and Pedestrian Trails
• Concrete Pavers at Street Entries
• Street Crossing Stamped Concrete Paving
•
Landscape Medians
• Entry Monument Signage at all streets(small monuments as shown.below)
• (1)Landscape Pest Area
* Trail Tree Planting tin �
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PROJECT KICK-OFF
Consultant will coordinate and attend a project kick.-off meeting immediately on receiving the Notice-
to-Proceed: from the city. The entire design team will attend this meeting along with city
representatives. The purpose of the meeting will be to establish clear lines of communications,review
and redefine the proposed project scope and schedule and establish general design guidelines,discuss
project parameters and constraints and obtain background data..
Consultant will amend status meetings as necessary during the course of the project to keep the city staff
abreast of he project development. Consultant will establish review milestones in the project schedule
and submit deliverable products in a timely manner for adequate City review and revision.
We have included the following meetings;
• Project Kick-jiff meeting(l)
• City Staff review meetings 6)
• City Council meeting(1)
TASK 1: Perform Topographic Survey
Consultant will contract with. David Beckwith Associates (DBA) to perform survey, conduct data:
collection,review,analyze existing conditions,and prepare an Existing Conditions Plan,which depicts
site topography and elevations,drainage issues,and site features such as mature trees.Other information
will be included as needed to insure successful project completion. Survey data will be of sufficient
scope and detail to insure successful engineering/design,permitting,and construction of pedestrian and
bicycle trails and associated improvements. The survey and datum will be tied into the State plane
coordinate system. Survey data will be used to address the best location for the pedestrian trail, to
accurately reflect the existing and proposed grade.
TASK 2: Design Plans & Technical Specifications
Consultant will develop final design plans and specifications for the proposed trail improvements
including pedestrian and bicycle paths,associated grading and drainage improvements,landscape plans,
and erosion control measures for submittal and review by the City and other governing agencies.Final
detailed cost estimates will 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. Consultant will
submit technical specifications before the final plans are approved.Consultant will also provide the City
with a compact disk(CD) or digital versatile disk (DVD). Media will be in a format compatible with
AutoCAD with layout in accordance with City standards. Plans shall exhibit a graphic scale.
Please note that LeGrand Velez with LSA Associates mill provide input and plan review on all aspects
of the construction document package and cost estimate.
The construction document package will include:
a) Demolition Plans
RHA will prepare demolition plans for all items to be removed and/or relocated in the improvement
areas.
b) Precise Grading Plans
DBA will prepare the necessary drawings for the final grading, drainage, and pavement design of
the project. This plan shall include a title sheet with the necessary general notes and specifications
as required by the City. These plans shall include all applicable civil engineering details and cross
sections(as necessary) for the construction of these plans.
C) Storm Water Pollution Prevention Plan (SWPPP)
DBA will prepare a SWPPP for use by the contractor, compliant with Sections LM and XIV of
the Order of the General Permit for Discharges of Storm Water Associated with Construction
Activities(SWRCB Order No. 2009-0009-DWQ as amended by Order No. 2010-0014-DWQ).
The report will prescribe Best Management Practices (BMPs), as identified in the CASQA
California Storm Water BMP Handbook as appropriate. A Notice of Intent(NOI)will be filed
with the State Water Resources Control Board on behalf of the Client along with all documents
being uploaded onto the State's Storm Water Multiple Application and Report Tracking System
(SMARTS). All application fees shall be paid for by the City and are not included in this
proposal. The risk determination for this project was based upon the assumed construction dates.
Should the project schedule change, DBA reserves the right to reevaluate the project risk and
revise the proposal accordingly should the risk level change.
d) Electrical Plans
JCA Engineering (JCA) will prepare electrical plans and details to include:
• Design new electrical service pedestals to meet minimum owner's standards electrical
requirements
• Coordinate and process paper work with power utility company for services requirements,
new points of connection, and other requirements
• Design of power distribution from new services to electrical controls and irrigation
controllers
• Design electrical systems at monuments
e) Construction Plans & Details
RHA will prepare site construction plans that will locate by dimensioning all exterior site elements.
The plans will also identify all paving and construction materials. Details will be provided to
demonstrate proper construction and installation of all the site elements.
f) Irrigation Plans
RHA will prepare irrigation plans that will utilize low water use irrigation equipment. They will
include pressure loss calculations, point of connection, meter size, backflow devices, mainline,
lateral and head layout,drip irrigation layout,controller location,and flow calculations. Details will
be provided to demonstrate proper installation of all irrigation equipment.
g) Planting Plans
RHA will prepare detailed plans for all planting areas within the improvement are-as. These plans
will locate and identify all items of plant material to be used, Details will be provided to
demonstrate proper installation of the plants. Drought tolerant plant materials will be used to
conserve water, reduce maintenance and ensure the long term health and viability of the plant
material.
h) Specifications
Consultant will prepare specifications for the project.The 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.We will make adjustments to be specific to this project.
i) Construction Cost Estimate
Consultant will prepare quantity calculations and final construction cost estimates for the
improvements utilizing similar project construction item bids from our recent projects and
compared to established project budgets.
j) Construction Services
Consultant will assist City during the bidding process by reviewing and providing City with
responses to submittals and requests for information (RFI) and shop drawings related to specialty
products and items.
Consultant will provide progress bid documents for review and comments. At least one 30% set,
one 60% set and a 90% set of documents shall be submitted for review during the design process
prior to the preparation of the final construction documents.
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. Consultant
understands that it is anticipated the length of time for the professional services associated with this
RFP will be approximately sixty (60) calendar days.
EXHIBIT "B"
PROJECT SCHEDULE
The duration for the Services is 60 calendar days.
EXHIBIT "C"
RATE SCHEDULE
Classification Billing Rate
RHA Landscape Architects-Planners, Inc.
Senior Principal $190.00 per hour
Principal Landscape Architect 150.00 per hour
Associate Landscape Architect 130.00 per hour
Landscape Architect/Project Manager/Senior Designer 95.00 per hour
Designer II/CAD Operator II/Project Captain 85.00 per hour
Designer/CAD Operator/Administrative Personnel 75.00 per hour
Clerical/Professional Staff 65.00 per hour
LSA Associates, Inc.
Associate $140.00 per hour
JCA Engineering, Inc.
Project Engineer/Manager $200.00 per hour
Designer 160.00 per hour
Drafting/CADD 145.00 per hour
Clerical/Delivery/Accounting 130.00 per hour
David Beckwith and Associates, Inc.
President $155 per hour
Project Manager 135 per hour
Engineer 115 per hour
CADD Operator 70 per hour
3-Man Survey Crew 250 per hour
2-Man Survey Crew 200 per hour
1-Man Survey Crew 150 per hour
QSD 115 per hour
QSP Inspector 100 per hour
Foreman 75 per hour
Field Laborer 55 per hour
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
ENGINEERING SERVICES FOR THE DESIGN OF THE ORANGE BLOSSOM TRAIL
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 in one or more insurer 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,
n ,id
either as an individual ual 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.
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 of this Agreement. (Labor Code 11861).
RHA Landscape Arc ts-Planners, Inc.
IN,
By:
Doug Qrove,PrIn4al Date: