HomeMy WebLinkAboutContracts & Agreements_246A-2019PS 1 1 (1 24 19)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement foi the provision of design drawings for new electncal and audio
equipment at the Redlands Bowl ("Agreement") is made and entered in this 12th day of
December, 2019 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Design West Engineering ("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 prepare design drawings of new electrical and audio
equipment at the Redlands Bowl services for City (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 Ievel 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," titled "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 Chns Boatman, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authonty 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," titled "Project Schedule," which is
attached hereto and incorporated herein by reference
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4 2 Consultant shall complete the Services by March 25, 2020, unless the Services are
terminated earlier as provided for herein
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 Total compensation for Consultant's performance of the Services shall be in the amount
of thirty four thousand three hundred dollars ($34,300) City shall pay Consultant in
accordance with Exhibit "C," titled "Engineer's Fee Schedule" attached hereto and
incorporated herein by reference
5 2 Consultant shall submit invoices to City upon completion of itemized Services based on
the payment schedule in accordance with Exhibit "C," titled "Engineer's Fee Schedule"
attached hereto and incorporated herein by reference City shall pay Consultant no later
than thirty (30) 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, (u) 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
couner, 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
City
City Clerk
City of Redlands
35 Cajon Street
P O Box 3005
Redlands, CA 92373
jdonaldson@cityofredlands org
909-798-7531
Consultant
Leo Maya, Director, Electncal Eng
Design West Engineering
275 W Hospitality Lane, Suite 100
info@designwesteng com
909-809-3700
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage 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
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shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days pnor written notice to City
A 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 execute and provide City with Exhibit
"D," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to performance of the Services
B Comprehensive General Liability insurance with camers acceptable to City in the
minimum amount 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
C 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
D Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor
6 2 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 ConsuItant'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 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) giant 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 Farr 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 Any
assignment or attempted assignment without such prior written consent may, rn the sole
discretion of City, results in City's immediate termination of this Agreement
8 3 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 01 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
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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 4 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 01
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 5 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 6 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, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 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 matenal 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 RE 1 LANDS
By
n(06-yiAit
Jams= cConnell,
Assistant City Manager
DESIGN WEST ENG
EERING
By
FI
Attest
e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will design new 208V 3 Phase electrical infrastructure, source -feed, bid specs, and
assist City with the permitting process to replace all lighting, speakers, towers, AV and
commumcation outlets and cabling, and required conduit at Redlands Bowl Consultant will
provide power distribution and site lighting design and construction drawings Specifically called
for in the design are the following considerations
• Towers #1 & #4 will be relocated in their respective outward direction approximately 10'
to align with towers #2 & #3 Two additional towers will be added to the site, making for
a total of 6 towers (outlined in figures below)
• Dimmer panel will be replaced with a new dimmer rack powered with 208V 1 Phase
power
• A total of 14 audio outlets and 8 chain hoist outlets which will be served with 208V 3
Phase power
• Stage lighting, speakers, and speaker towers will be replaced
• Power, signal, and communications outlets and boxes will be replaced
• Power, signal, and communications cabling will be replaced
• All RBPA owned electrical and audio equipment currently located in the Dimmer Room
will be replaced by RBPA
• Consultant will produce a written report detailing the costs associated with the changes to
electncal/audio equipment called out in design drawings
• Consultant will produce construction plans which will be submitted to City for approval
and comments
• One formal presentation to the City Council summarizing the findings and
recommendations of such a report
• Consultant will coordinate permit approval of a new electrical service with Southern
California Edison The new electrical service will be 208V 3 Phase power
• City comments will be incorporated into plans and a City building permit will be
obtained
(Continued)
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Redlands Bowl Basic Technical Upgrades Map
Legend
El Existing Stage
Lighting Positions
■ Existing House
Lights
• New Stage Lighting
Positions
Trussing
Custom Catwalk Box
❑ Dimmer Roorn
New mid house positions would
provide best passible front lighting
with trussing but could also just be a
grid with catwalk only
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EXHIBIT "B"
PROJECT SCHEDULE
PROJECT NAME
PROJECT
DURATION
(Days)
PROJECT START DATE
PROJECT END DATE
Redlands Sows Electrical
Improvements
63
December 16, 2019
March 25, 2020
Offices are closed for end of year holidays between December 21, 2019, thru January 5, 2020
Task ID
Task Descrtption
Tas �DDaYs� ion
Start Date
End Date
1
KLck-off Meeting
1
December 16, 2019
December 16 2019
2
SD Design Narrative
6
December 17, 2019
January 7, 2020
3
100% Design Development
10
January 8 2020
January 21, 2020
4
DD City Review
3
January 22 2020
January 24, 2020
5
50%Construction Docs
10
January 27 2020
February 7, 2020
6
50% CD City Review
2
February 10, 2020
February 11 2020
7
80% CDs
5
February 12 2020
February 18, 2020
8
Plan Check Submittal
1
February 19 2020
February 19, 2020
9
Plan Check Process/Approval
15
February 20 2020
March 11, 2020
10
100%CDs
10
March 12 2020
March 25, 2020
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EXHIBIT "C"
ENGINEER'S FEE SCHEDULE
For the City of Redlands, Redlands Bowl Electrical System Retrofit Project, Design West
Engineering including sub -consultants, proposes to complete the full scope of work as defined in
the qualifications package foi the sum of $34,300 The payment of the sum will occur per the
below schedule and as outlined in Section 5 2
• Schematic Design - $5,145
• Design Development - $5,145
• Construction Drawings - $17,150
• Plan Check/Review - $6,860
Invoices shall be submitted to
Facilities & Community Services Department
Attn Joe Bierma
35 Cajon Street
Suite 222
Redlands, CA 92373
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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 wnte compensation insurance in this State
(b) By secunng from the Director of Industnal 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 Industnal Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
e ployer 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 m 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
Design West Engmeeri
By
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