HomeMy WebLinkAboutContracts & Agreements_37-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement ("Agreement") for the provision of design services is made and entered
in this 3rd day of March, 2015 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City)" and RJM Design Group, 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 provide park lighting design services for City's
Quality of Life Department(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 Fred Cardenas, Director of the Quality of Life department, 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 and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," which
is attached hereto and incorporated herein by reference. The Services shall commence
within ten(10) days of the Effective Date of this Agreement.
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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
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 Thirty Thousand Five Hundred dollars ($30,500). City shall pay Consultant on a
time and materials basis up to the not to exceed amount, in accordance with Exhibit "C"
entitled "Project Costs and Hourly Rates." Exhibit "C" 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 any reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (3 0)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:
cily Consultant
Fred Cardenas, Director Larry P. Ryan, Principal
Quality of Life Department RJM Design Group, Inc.
City of Redlands 31591 Camino Capistrano
35 Cajon Street, Suite 222 San Juan Capistrano, CA 92675
PO. Box 3005 (mailing)
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 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 the required insurance listed below is obtained by Consultant. Consultant shall
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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
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "D," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to ConsuItant's performance of the Services.
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 terra
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 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 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.
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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;
(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 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 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
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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.
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, 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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS RJM DESIGN GROUP, INC.
By. (11� dt�� ByWa,",yy
Paul W. Foster, Mayor
Attest:
Sam Irwin, C11erk
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Cly f Peclands 4 Pafk
Approach and Methodology RJMsN
Scope of Services
Prepare si development plans and cost analysis based upon the CItY-providedAs-Built site i s
r each site cl sports fieldlighting electrical systems. Cost considerations ill be givent
the availabilityf materials, equipment and labor, construction sequencing_ a c i economic
analysis of construction, s r safety, i t a c requirements, r conservation. ctio
of materials will occur in the phase,,
A. Generate Initi l 'si Development it l i format) provided
As-
Builtdocumentation plans.
B. Prepare preliminary lighting 1 is l layout plan to include fiel lighting for each park site..
C. Meet with City to review initial lighting l ctrlcal plan for eachr site.
D. Based input from staff, prepare final lighting si refinements. The detailedsite I n
refinement will be useds the baseto preparesubsequent c s ct relative to the
electrical engineering associatedit the sports iid lighting.
E. Prepare i ire opinion r construction costs.
F Meet with CityStaff to review r li i ry Lighting Concept Plan, and PreliminaryOpinion f
Probable ' str cti Costs prior to constructiont preparation,
MEETINGS: (1) Meeting with City staff
PRODUCTS, Preliminary i ting Plan;Updated Opinion"of ProbabletruckCosts
During this phase, the contract doc mm ars prepared setting forth in detail the
_ requirements
the construction of the project based upon the approveddesign development drawings, Construction
drawings ill be preparedwithin one packagefor one phasefconstruction all be
submitted at %completion for City staff review revised r City comments. The 100% complete
construction i s will be submitted for City review r 1. A revised cost estimate will also
submittedbe it 'engineer's estimate x,s i t the l bid documents.
The construction documents will include complete electrical engineering designrequired t
execute the projeCL Specifically,we have includedthe following disciplines.
i
CITY OF REDLANDS
PARK LIGHTING-PROJECI!DESIGN RFP#QOL09182014KG
Preliminary Project Schedule--January
zois
A. Kick 0'
ith i
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eedctsitesit
ID. Ft i ri base Ian
A. as. suereiit ett Site t'tabB. pii N eiertri 1 Me tM et C me
. ra esi r�ate. ei
TASK 3-CON f±tttt tthu
A. Land
'fit r ' ersi ht i
Site ei 1 � e tits,
rai I tiebs
D. tti i rbbbie constru an rests
Submit ens to C Ci review
mMeet with Cityto mviewcomments
Revise Inns;, r i t
N. Pre i e i i` tate s ie s ri r tints
is subminei met sed sl er6
BIDDING
ib
i
A. Construction observatie 1b t
ly of Ped ands k Park? ghting Pf Oject Design RMI QO,09 82014KC-
OESM
Fey Proposal RJ MOROUP
It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the
Field Lightingprojects at Brookside Park and Crafton Park-This fee includes all costs to be incurred by RI
Design Croup,Inc.with the exception ofreimbursable expenses. Fees for the work are as follows:
DesaiwianaLwnrh
Task 1-Project Start Up S 5,500.00
Task 2-Design Development 7,500.00
Task 3-Construction Documents $15,000.0
Task 4-Bidding Requested)
Task 5 -Construction Administration LALRVAMMa
Total Fee.- $28,000M
*dote. This fee summary represents our current understanding of the project scope and complexity
associated with the informal Request for proposal. The scope of work and associated fees are subject t
refinement at Giant's request:
MUHLOSAHLEYMERM(Estimated Allowance$2,500.00)
When incurred,the following project expenses will be billed at cost plus %administrative fee in addition
to the above fee proposals
a Printing,plotting,co ging.scanning,photography,graphic expenses
Delivery and handling ofdocuments,sippin`
0 Permits,plan check,and inspection fees
City business license
Soils testing
EAMEM
Payments are due and payable on a monthly basis following the completion of any substantial phase Dfwork.
Carrying charges for overdue accounts beyond days of billing date are charged at L5 f thea ort due,
compounded onhl
ADDLTIONALSERY=
Professional services notspecifically identified in the scope of workwill be considered additional services
and may be performed at Client's request,reimbursable at consultant's standard hourly rates. Additional
services may Include,but are not limited to-,
Additional meetings,presentations,orsite visits beyond those identified in the scope of work.
a Exhibit preparation beyond that identified in the scope of work.
Revisions to documents rewired as a result ofchanges in Cl ent!s direction and/or suse uent to
Client's approval,or changes In governmental regulations.
Design ofimprovements beyond the designated project site,or due to changes in project phasing
scheduler
0 Engagement of other consultants not specifically identified below.
SWAMCARSTMOsSACMDRO
Exhibit
IRCIS
C ty of Red onds -Pork ght ng Pro,ect Des gn RFP#QO 09 820'4t'G
Fee Proposal RJ MRS
CONSULXANTS'-HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates'below:
RIM DESIGN GROUP.INC
Principal Landscape Architect 5145-$165 per hour
Associate Landscape Architect $130-$140 per hour
Landscape Architect $115-$125 per hour
Job Captain/Landscape Designer $100-$110 per hour
CADD Technician $ 85-$ 95 per hour
Draftsperson $ 70-$ 80 per hour
Word Processor S 55-$ 65 per hour
tklsc(r�l rSr*Cal Cngineering)
Principal 5210.00 per hour
Sr.Associate $195.00 per hour
Associate $185.00 per hour
Sr.project manger/Sr.Lighting Design/Sr.System Engineer $175.00 per hour
Project Manager/Lighting Designer/System Engineer $150.00 per hour
Engineer/Assistant Lighting Design/Assistant System Engineer $130.00 per hour
Designer $110.00 per hour
CAD/ BIM Specialist $ 90.00 per hour
Clerical 5 75.00 per hour
'charges for subconsultant services are billed at cost plus a 15%coordination fee.
Billings for all time and materials and contract extension work shall be in accordance with the level of work
performed based on the categories listed above.
Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index
or other mutually agreed upon cost index, beginning with August 1, 2015. Provisions for fee escalation
pertain to all contract extensions and additional work
sM AM CU%T W•suUJWo 2
•W+ o v.cm•1"91443 600
EXHIBIT "D"
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
XI 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.
RJM DESIGN GROUP, INC. Date: \/(��
By:
lt'arwry'R,/an, 4if ip
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