HomeMy WebLinkAboutContracts & Agreements_251-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for engineering, landscape design,and project management services
("A oreemetif')is made and entered in this I I th day of December, 2013 ('Effective Date'),by
and between the City of Redlands,a municipal corporation("City")and STB Landscape
Architects, Inc. (Tonsultant"), City and Consultant are sometimes individually referred to
herein as a"Party"and,together,as "Parties,"In consideration of the mutual promises contained
herein, City and Consultant agree,as follows-
ARTICLE I —ENGAGEMENT OF CONSULTANT
Ll City hereby engages Consultant to perform engineering, landscape design, and project
management services for City(the"Services").
L2 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 which Consultant shall perform are more particularly described in Exhibit
"A," entitled"Scope of Services,"which is attached hereto and incorporated herein by
this 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
3A City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
31 City designates Chris Diggs, Deputy Municipal Utilities and Engineering Director, 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.
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ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Contractor shall commence the Services upon City's delivery to Contractor of a written
"Notice to Proceed,"
4.2 Contractor shall complete the Services within ninety (90) calendar days from and after the
date of the City's issuance to Contractor of the Notice to Proceed,
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4.3 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 be in the
amount of Seventy Thousand One Hundred Eight Dollars($70,108,00)and shall be paid
on a time and materials basis based upon the hourly rates shown in Exhibit-B,-entitled
"Rate Schedule,"which is attached hereto and incorporated herein by 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. City shall pay Consultant no later than thirty(30)days after receipt and
approval by City of Consultant's invoice.
53 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows-
CitV Consultant
Chris Diggs,Deputy SII ED Director Shawn T. Burch, President
City of Redlands STB Landscape Architects,Inc.
35 Cajon Street, Suite 15A 15 South 5th Street
P.O. Box 3005 (mailing) Redlands, CA 92373
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 INDEMM]FICATION
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
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 in accordance with the laws of the State of California, with an insurance carrier
acceptable to City as described in Exhibit-C," entitled"Workers' Compensation
Insurance Certification," which is attached hereto and incorporated herein by this
reference.
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63 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 in the amount of
One Million Dollars($1,000,000)per claim made.
6,5 Consultant shall secure and maintain 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 names as an
additional insured and such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City.
6.6Consultant 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 or omission of, or willful misconduct by, Consultant, or its officers,
employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
Tl 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.
T2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act use Consultant:
A. Does not make or participate in:
(1) the making or any City governmental 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 authorization or
entitlements-,
(111) authoring City to enter into, modify or renew a contract;
(IV) granting City approval to a contract that requires City approval and to
is 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',
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(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.
73 In the event City officialtv 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.
83 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.
8A 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 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 orimplied, 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-, provided, however,this Agreement
may be terminated by City, in its sole discretion, by providing five(5)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
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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_
Consultantshall 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 o this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant,
9,7 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 and written 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 City and Consultant have signed
in confirmation of this Agreement.
CITY OF DLANDS STB LANDSCAPE ARCHITECTS,INC.
By- By:
Pete?Ag—m1aArJ �;-or Shm—&mA, urch, President
Attest-
Sam Irwin, C' T Clerk
n 1,
E ' i BIT "A"
Scope of Services
The Project involves completing a design, shown below. Included in the scope of services are to
complete the plans including monument signage, decorative pavers, decorative fencing, site
amenities, and plant materials. Additionally, the project will include improvements to the
underpasses in the project area. These improvements are to include modifications to the existing
bridge lighting, painting of the walls,and the installation of 22 framed murals.
Close coordination with the local Caltrans agency is required.
SCOPE OF WORD
The services provided by Consultant are for all the Engineering, Landscape Design and Project
Management Services to construct and complete the Project. All design work will be performed
in compliance with current City standards, specifications, and the California Building Code
(Latest edition).
FINAL DESIGN DRAWINGS& PRELIMINARY COST EST TES
START UP MEETING
1. Upon the award of the contract Consultant will immediately schedule a workshop to
allow for team member and staff involvement. The workshop will be used as a forum to
expand upon the design concepts that have already been prepared. The information
gathered from this meeting will be worked into the finial design documents. Consultant
will keep in close communication with City staff and the various agencies involved.
TOPOGRAPIRC SURVEY/BASE PLAN
1. Consultant will conduct research and field investigations as needed to establish rights-of-
way,bench marks, utilities, existing tree locations and property boundaries.
2. Consultant will provide topographic mapping of the project site at a minimum 20 scale,
F contour intervals, This mapping shall include the curb and gutters, driveways, street
lights, utilities, malls fences, storm drains, and any other improvements existing in the
project area that impact construction- This snapping data will be used to prepare the base
map for the Design team to utilize in preparation of the project designs.
. The final base map will be prepared using the City's 2,1" x 36" standard title sheet at a
minimum scale of 1"=20' and will include right-of-way, easements, and utilities within
the project area.
Consultant will conduct a tree health survey of all the trees within the project area. The
final plans will reflect removals of any trees not in a healthy condition.
AGENCY COORDINATION
1. Consultant will coordinate the Project Team and impacted utility companies as required
to determine if there are any conflicts between the final conceptual design and their
infrastructure.
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2. All design work will comply with all local, regional and State/Federal agencies.
FINAL CONSTRUCTION DRAWINGS AND SPI CIRCATIONS
I Plans will be submitted to the City for progress reviews at 30%, 65% and 90%
completion- Construction documents shall be drawn at a minimum of I"=20' scale and
shall include,but not be limited to,the following items:
a. Title sheet indicating project name,project location, index map and sheet index,
b, Demolition Plan will indicate all items scheduled for removal in addition to
clearly showing all elements to be protected in place. Instructions for recycling
removed materials, where possible, will be included with the demolition plan.
C. Hardscape layout/construction plan showing the locations for the monument
signage, retaining walls, brick pavers, planter boxes, pedestrian amenities,
decorative fencing, underpass murals etc. Detail references and
material/manufacturer notes will be included on this plan,
& Precise Grading plan will indicate the precise grading for the hardscape elements.
All elements are to be designed to meet current ADA standards. The plan will
depict the vertical controls for the site elements. The plan, at a minimum, will
show finish surface spot elevations, drainage patterns and drainage features. All
proposed and existing drainage structures will be shown. A Water Quality
Management Plan (WQMP) and a Storin Water Pollution Prevention Plan
(SWPPP), with appurtenant Erosion Control Plans in compliance with current
City NPDES Permit shall be prepared and shall include current Best Management
Practices for the site to reduce and infiltrate runoff and retain pollutants onsite by
means of Low Impact Development(LID) practices,
e. A planting plan will be prepared that will clearly show the location of all
proposed plant materials. The planting legend will indicate corresponding plant
symbols, botanical and common names, plant sizes, quantities, VVULCOL (water
usage requirements) numbers and general remarks. General planting notes Will be
included on this plan,
f Irrigation plans will show all irrigation equipment downstream from mainline
point-of-connection utilizing the latest water conservation techniques and
equipment. All equipment (valves, sprinklers/emitters, controls, piping, etc) will
be clearly shown on this plan. Water consumption calculations/schedules will be
provided as required by A131881, and the City's landscape ordinance, Ordinance
No- 2724. A complete legend will be included that accurately calls-out all
equipment specifications. General irrigation notes will be included.
Qa An electrical design consultant will be utilized to prepare an overall lighting
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design "theme" for the project. Based on this "theme" complete electrical plans
will be developed for all the new, and modifications to the existing site lighting.
City desires to utilize LED type light fixtures where possible.
h. Written bid specifications will be prepared for all project elements. Specifications
will follow the "Standard Specifications for Public Works Construction
(Greenbook). The City will be responsible for supplying the "front end boiler
plate" type specifications which will be incorporated into the specifications by
Consultant.
1, Final Engineer's estimate of probable construction costslquantities in a
spreadsheet format will be prepared for all project elements,
2, Consultant will make all coffections as requested by the City during its review process on
all our construction documents.
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QUA-LITY CONTROL
1. Quality control of produced design products consists of several established measures
developed over decades of plan preparations:
a. Company wide design standards for computer aided designing, color rendering,
file creation and organization.
b. Initial design review by the project draftsperson for compliance with design
standards.
C. Re-view of design products by the Project Manager for compliance with design
standards,City requirements and general plan completeness.
d. Final review by the principal Landscape Architect prior to plan signature for
design completeness-
DELIVERABLES
I Consultant will provide City with the following documents upon completion of each
phase of the design work:
a. Four(4)sets of the review sets.
b, One (1) signed set of original mylar drawings of the final design and one hard
copy of all drawings,specifications and calculations.
C' One electronic file of all final drawings/specifications/cost estimates in DWG
(CAD),PDF and Ms Excel formats.
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EXHIBIT "B"
Rate Schedule
Position Rate/Hr.
Civil Engineer $144
Landscape Architect $425
Electrical Engineer $125
Project Manager $95
Engineering Designer $85
Survey Crew{2'M an) $138
Total Project Reimbursable $3000
Local discount of 10 percent to be deducted from rates shown above,
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EXHIBIT licit
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.
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).
STB LANDSCAPE ARCHITECTS, INC. Date:
By:
Shawn T. Burch. President