HomeMy WebLinkAboutContracts & Agreements_28-2013_CCv0001.pdf AGREEMENT TO PERFORM ENGINEERING SERVICES FOR THE DESIGN OF
PHASE 2 OF THE ORANGE BLOSSOM TRAIL
This agreement for the provision of engineering services for the City of Redlands
('-Agreemenf' is made and entered into this 20"'day of February,2013 ("Effective Date"'),by and
between the City of Redlands, a municipal corporation ("City") and RHA Landscape Architects-
Planners,Inc.C'Consul tant"). City and Consultant are sometimes individually referred to herein as a
"iparty" and,together,as the "Parties." In consideration of the mutual promises contained herein,
City and Consultant agree as follows:
ARTICLE I -SERVICES OF CONSULTANT
1.1 City hereby engages Consultant for the preparation of an engineering design, plans, and
specifications for Phase 2 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.
1.3 Consultant shall comply with applicable federal,state and local laws and regulations in the
performance ofthis Agreement including,,but not limited to,the Americans with Disabilities
Act,the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 2 -RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
2.2 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 3 - PERFORMANCE OF SERVICES
3.1 Consultant shall perform the Services in a prompt and diligent manner and complete the
Services within sixty(60)business days,from and after the Effective Date ofthis Agreement.
3.2 During the term ofthis Agreement,City may request that Consultant perform Extra Services.
As used he-rein,"Extra Services"means any work that is Bete fined 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(201/6)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
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Manager,or duly authorized city official. Consultant shall not perform,nor be compensated
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for, Extra Services without such written authorization from City.
ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Sixty Four Thousand Six Hundred Eighty Dollars (564.680.00). City shall pay
Consultant on a time and materials basis based upon the hourly rates shown in Exhibit"A,"
entitled"Rate Schedule"which is attached hereto and incorporated herein by this reference.
4.2 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.
4.3 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 Diocrs, Deputy MUED Director Doug Grove, Principal
Municipal Utilities and Engineering Dept. RHA Landscape Architects-Planners, Inc.
35 Cajon Street, Suite 15A 6216 Brockton Ave, Suite -2 12
PO Box 3005 (mailing) Riverside, CA 92506
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 43.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 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 evidencino, 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
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5.2 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 "B," entitled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference.
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5.3 Consultant shall secure and maintain in force throughout the term of this Agreement
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comprehensive general liability insurance with carriers acceptable to City. Minimum
coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
(S2,000,000)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.
5.4 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.
5.5 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 6 - CONFLICTS OF INTEREST
6.1 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.
62 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
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
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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
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would otherwise be performed by an individual holding a position specified in City's Conflict of
Interest Code under Government Code section 87302.
6.3 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 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,including fees for the use of in-house counsel
by a Party.
7.2 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.
7.3 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.
7.4 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.
7.5 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
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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
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.
7.6 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 finalayment to Consultant
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pursuant to this Agreement. Such books shall be available at reasonable times for
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examination by City at the office of Consultant.
7.7 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.
7.8 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
7.9 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 the City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS RHA LANDSCAPE ARCHITECTS-
PLANNERS, INC.
By:
By:
Pet t e Aguilar,MayorPon!,
g Gro�e,)Prind ol
Attest
tt 7�
Sam resin,Kyklerk
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EXHIBIT "Alf
RA'T'E SCHEDULE
Classification Billie q 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
{SSD 115 per hour
OSP Inspector 100 per hour
Foreman 75 per hour
Field Laborer 55 per hour
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
ENGINEERING SERVICES FOR THE DESIGN OF THE PHASE 2 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,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.
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 §1861).
RHA Landscape Architects-Planners, Inc.
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Bv.
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Dor,' Grove, P\ cipal Date:
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L\caV1jm\Agreements\RHA OBT Phase 2 Construction Drawing,;Agreement.doc
Engineering and Final Design Services for Orange Blossom Trail- Phase 11 February 6, 2013
City of Redlands -A City that Works!
TECHNICAL APPROACH AND SCOPE OF WORK
PROJECT UNDERSTANDING
The Orange Blossom Trail is proposed to be 7.5 miles between Mountain View Avenue and Opal Avenue,
primarily along flood control and railroad right-of-way, and connecting to the Santa Ana River Trail at both ends.
We understand that this project is Engineering and Final Design Services for the segment that focuses on 1 mile
of trail and enhancements adjacent to the Zanja Creek on access easements which travel adjacent to the
waterway from California Street at the west end to Alabama Street at the east end (see map below).
In preparing the Conceptual Designs for the trail our team has a clear understanding of the history of the
proposed trail site. We understand that through much of the 20th century it was two sets of railroad tracks that
moved freight trains through town to collect crates of Redlands' oranges that were shipped throughout the
nation. Those tracks now lie unused, abandoned and even dismantled in some places. In the early 2000's a
group of visionary Redlanders, including Councilman Jon Harrison and Redlands resident Karen Arnstein, began
work on what they saw as an opportunity for an urban trail through Redlands, connecting the east to the west
and the Santa Ana River Trail to the town; The Orange Blossom Rail Trail. Since they started their work, The
Redlands Conservancy has adopted the project and the City has obtained a major grant from Cal Trans to fund
the initial planning and construction. The result of that work, adopted by the City Council, enables the city to
apply for more grants to fund the actual engineering and construction. When completed, the Orange 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.
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RHA Landscape Architects - Planners, Inc.
Technical Approach and Scope of Work
Engineering and Final Design Services for Orange Blossom Trail- Phase 11 February 6, 2013
City of Redlands -A City that Works!
This proposal is to provide final design, complete engineering plans and specifications for bidding purposes, and
permitting of the entire 1-mile length of trail as folic
• Bicycle and Pedestrian Trails
• Concrete Pavers at Street Entries
• Street Crossing Stamped Concrete Paving
• Landscape Medians �� -
• Entry Monument Signage at all streets
• Trail Tree Planting Landscape Rest Area
• Landscape Rest Area
• NO lighting—electrical power for irrigation controllers only
PROJECT KICK-OFF
We 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.
We will attend status meetings as necessary during the course of the project
to keep the city staff abreast of the project development. We 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-off meeting (1)
• City Staff review meetings (6)
• City Council meeting (1)
TASK 1: Perform Topographic Survey
• Records Research — Our team will obtain record maps, notes and tie sheets, available improvement plans,
and available horizontal/vertical control from the City/County.
• Site Control- Our team will establish a site-wide network of horizontal/vertical control to serve as the basis
for any subsequent topographic, or construction staking surveys that may be required throughout the
course of the project. The network will be constructed using both GPS and conventional survey methods
and will be tied to the NAD83, Epoch 1991.35, and NVGD1929 horizontal and vertical datums.
• Topographic Survey - Our team will prepare detailed topography via conventional field survey methods.
Mapping to include a 100' wide swath (as appropriate) for the entirety of the 1 mile long project area. Field
survey shall be conducted at site-specific locations, such as edge conditions, locations and elevations of
existing improvements, and areas where proposed improvements join existing improvements.
Geotechnical Exploration and Report
We understand that the City will contract directly with a Geotechnical Engineer for these services.
RHA Landscape Architects - Planners, Inc.
Technical Approach and Scope of Work
^
Engmeenng and Final Design Services for Orange Blosso/mTiail— Fhase ff February G. 2O13
^ CbvOfRed|andG—A City that Works!
TASK 2: Design Plans&Technical Specifications
We 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. The consultant will submit technical specifications before the final
plans are approved. The 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.
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
David Beckwith and Associates(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 ofthese plans.
c\ Storm Water Pollution Prevention Plan (SVVpPP)
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 (SVVRC8 Order No.
I009'0009-DW[las amended by Order No. 2018-0014-DVVQ}. The report will prescribe Best Management
Practices (BK4Ps), as identified in the C4S{V\ California Storm Water BMP Handbook as appropriate. A
Notice of Intent (NO|) will be filed with the State Water Resources Control Board on behalf ofthe Client
along with all documents being uploaded onto the State's Storm VVo1er Multiple Application and Report
Tracking System (SMARTS). All application fees shall be paid for bythe Client 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 re-evaluate the project risk and revise the proposal
accordingly should the risk level change.
d\ Electrical Plans
][A Engineering(J[A)will prepare electrical plans and details to include:
^ Design new electrical sen/ice 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 irrigation controllers
• Design power connection toirrigation controls
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 ofall the site elements.
RHA Landscape Architects - Planners. Inc.
Technical Approach and Scope of Work
Engineering and Final Design Services for Orange Blossom Trail- Phase 11 February 6, 2013
City of Redlands -A City that Works!
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 areas. 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
We 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
We 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
We will assist the 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.
We 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.
We will work under the supervision of City staff. During the project, all questions concerning City policies and
procedures will be coordinated through City staff.
We understand that it is anticipated the length of time for the professional services associated with this RFP will
be approximately sixty (60) calendar days.
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RHA Landscape Architects - Planners, Inc.
Technical Approach and Scope of Work