Loading...
HomeMy WebLinkAboutContracts & Agreements_81-2015AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for engineering and engineering and design services ("Agreement") is made and entered in this 5th day of May, 2015 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and RBF Consulting, a Michael Baker International company ("Consultant"). 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 1.1 City hereby engages Consultant to perform engineering and design services for Orange Blossom Trail — Phase 3 (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 which Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Work," 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 Chris Diggs, Interim 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. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner. 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 HAMy DocumentsTROJECTSM'ROBT Phase 31RBF OBT3 Design agreement 5 5 15 (2) (from Dan).doc 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 of Ninety Eight Thousand dollars ($98,000). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled "Rate Schedule," which 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 reimbursable expenses related to the project. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 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: City Chris Diggs City of Redlands 35 Cajon Street, Suite 15A P.O. Box 3005 (mailing) Redlands, CA 92373 Consultant John Andrew, PLA Vice President Landscape Architecture RBF Consulting, a Michael Balser International company 14725 Alton Parkway Irvine, CA 92618 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 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. HAMy DoCUmentsTROIECTsM'ROBT Phase 31RBF OBT3 Design veement 5 5 15 (2) (from Dan).doc 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 "C," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. 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 term 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 Iiability and property damage Iiability. 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. 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; H:Wy Documents%PR0JECTSk0BTI0BT Phase 31RBF OBT3 Design f!s rcement 5 5 15 (2) (from Dan).doc (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 officially 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 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. HAMy DocumentskPROJECTSM'ROBT Phase 31RB): OBT3 Design *reement 5 5 15 (2) (from Dan),doc 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 thirty (30) days prior written notice to Consultant (delivered by certified mail, return receipt requested) of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. HAMy Documents1PROJECTs10BT10BT Phase 31RBF OBT3 Design A�-reement 5 5 15 (2) (from Dan).doc IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Paul W. Foster, Mayor ATTEST: Sam Irwin, ty Clerk RBF Consulting, a Michael Baker International company B J ohndrew, PLA Vice President pe Architecture H:Wy Doeuments\PROJECTWBTIOBT Phase 31RBF OBT3 Design Oleement 5 5 15 (2) (from Dan).doc EXHIBIT "A" SCOPE OF WORK Task 1 Kick-off Meeting Consultant will schedule a kick-off meeting with the City Project Manager to discuss project objectives, anticipated work products, review scope of work, and project schedule. At this meeting, Consultant will establish clear lines of communication between the City and Consultant that will remain in place for the duration of the project and will include, but not be limited to, progress updates and regular discussions via email and telephone. Consultant will prepare a detailed critical -path schedule with defined milestones to ensure that the project schedule is met. Task 2 Topographic Survey Consultant will perform topographic mapping of the trail using existing County of San Bernardino LiDAR data generating one foot contours. The aerial LiDAR data will be augmented with survey ground crews using the most modern surveying equipment to check the LiDAR data and locate hard features such as any utility crossings and intersection with existing streets. They will also locate mature trees. However, if the City desires a survey of sensitive, rare, or endangered plant species, an Consultant's biologist can provide those services as an additional scope of work task. The surveying will be conducted in NAD83 based state plane coordinates and NAVD88 benchmarks. The deliverable will be AutoCAD files with sufficient scope and detail to ensure successful engineering design, permitting, and construction of the trail. Task 3 Data Collection and Review of Existing Conditions Consultant will obtain existing reference documentation from the City, including CAD files, as -built improvement plans (street, traffic signal, signingistriping, etc.), aerial photographs, right-of-way information and other applicable data. The use of standard plans will be decided with the team to be consistent from the start and to determine possible modifications to standards for the project. Data collection and field review will be conducted for the development of the Trail Project. Field notes and a photo log along the project corridor will be maintained. Upon completion of the above items, Consultant will identify potential constraints that may be encountered in relation to the proposed improvements. The project notebook will have field notes check lists, photographs, marked as -built plans, and field notes including possible issues and/or constraints. Task 4 Demolition Plan Consultant will prepare a demolition plan identifying existing facilities to be removed, relocated, or protected within the project limits. It is anticipated physical features such as trees and other existing landscaping will be cleared and disposed of off -site. Existing utilities (manholes, valve covers, and other above ground facilities) will be protected in -place. It is assumed these facilities are the property of others and relocation or adjustment shall be performed by the owner, therefore not included in this scope of work. HAMy DocumentsTROJCCTS\013nOBT Phase 31RBF OBT3 Design f�greement 5 5 15 (2) (from Dan).doc Task 5 Trail Improvement Plans Consultant will prepare trail/sidewalk/ADA access improvement plans and profile sheets showing proposed bike path improvements, pedestrian ramp improvements, connectivity to existing roadways, connectivity to existing sidewalks, and bike path pavement markings specific to the Orange Blossom Trail segment as identified in this proposal. The proposed bike way will be stationed and grades shall follow existing topography without exceeding ADA compliance standards. Gradients shall not exceed 5% longitudinal grades and bikeway cross sections shall not exceed 2% cross -fall. Plans will be created using City of Redlands design standards with sheet scale 1"=40', Horizontal; 1"=4% Vertical using AutoCAD. Task 6 Storm Water Pollution Prevention Plan (SWPPP) The California Construction General Permit, Order No. 2009-0009-DWQ, is a risk based permit, with overall project risk depending on project -specific and receiving water characteristics. Permit coverage must be obtained for all construction projects that disturb greater than one acre of land. The permit requirements are based on the project risk level, with requirements increasing along with the project risk level. Projects are required to develop Permit Registration Documents, which include the NOI, and are submitted to the State Board's SMARTS database, a Storm Water Pollution Prevention Plan (SWPPP), formal Risk Assessment, and project BMP drawings. Consultant will provide Qualified SWPPP Developer (QSD) services to produce a SWPPP that is in compliance with the appropriate Risk Level. Consultant will complete a risk assessment based on project schedule, location, topography, and soil information. The objectives of the SWPPP are to: 1) identify the sources of sediment and other pollutants from the construction site that affect the quality of storm water discharges; and 2) to describe the practices to reduce sediment and other pollutants in storm water discharges generated from the construction site. In addition, the SWPPP will identify the appropriate requirements and will clearly state the measures necessary to ensure compliance with the Construction General Permit. Task 7 Water Quality Management Plan (WQMP) In accordance with the criteria of the County of San Bernardino and the City of Redlands, Consultant will prepare a Water Quality Management Plan (WQMP) for the Orange Blossom Trail Phase 3 Real Project on behalf of the City. The WQMP will comply with the City's and the County's NPDES permit (R8-2010-0036) requirements, Model WQMP, and Technical Guidance. The WQMP is utilized to reflect planning and post construction water quality plans for your project. The development may qualify as a "Priority Project." This category triggers a Water Quality Management Plan (WQMP) requirement. The WQMP will be prepared using the San Bernardino County template and will include source control and post -construction BMPs applicable to the project that will be implemented to reduce and/or eliminate the discharge of pollutants from the completed project into the storm drain system or receiving waters. The WQMP will include the following sections per the San Bernardino County Model WQMP and Technical Guidance. The LID feasibility analysis will determine if retention of the 85th percentile storm event is technically feasible onsite. This analysis will include evaluation of retention of the 85' percentile storm event through a feasibility analysis of infiltration, harvest and reuse and evapotranspiration. Since the development triggers requirements for post -construction treatment control BMPs the BMP selection and sizing will be performed for the development. BMP sizing will be based upon local Regional Water Quality Control Board and local agency NPDES permit criteria. H7Wy DocuinentsTROJECWWROBT Phase 31RBF 08T3 Design'Wreemen€ 5 5 15 (2) (from Dan).doc The task includes development and submittal of a WQMP plus one round of review and revision of the WQMP based on comments from City. BMP plan sheets, BMP specs, and geotechnical evaluation will not be included as part of this task. The scope for this work is based on City will provide available hydrology study and/or a completed hydrology pre -versus post -project condition 2- yr 24hr storm event model or equivalent that can be used in our HCOC evaluation. Task 8 Construction Plans and Details Consultant will prepare plans and details indicating the materials to be used for the bike path and associated amenities, including, but not limited to: stone pilasters, concrete mow curbs, sidewalks, and asphalt and decomposed granite paths. Locations of hardscape areas and planting areas will be identified. Task 9 Irrigation Plans and Details Consultant will prepare 1"=20' scale irrigation plans in AutoCAD that will indicate the type of irrigation equipment to be used, such as irrigation controllers, pipe, valves, quick -couplers, dripline, low -precipitation rate heads, etc. The irrigation design and plans will conform with AB 1881, any California drought landscape requirements, and City landscape ordinances, to show hydrozone information and water use calculations. An irrigation legend, irrigation pressure loss calculations, and irrigation details will be included as part of this task. Task 10 Planting Plans and Details Consultant will prepare 1 "=20' scale planting plans in AutoCAD that will indicate the species, quantity, and size of plant material to be used. Plants will be selected based on their suitability to grow in the area, City requirements, compliance with AB 1881, case of maintenance, and size at full - growth. A planting legend, planting details, and hardscape details will be included as part of this task. Consultant will prepare a maintenance schedule for landscape and irrigation of the proposed planting based on industry standard including appropriate staffing levels. Task 11 Technical Specifications Consultant will prepare the Specification Special Provisions portions of the construction specifications suitable for bidding and awarding the Contract. The specification will be prepared in the "Greenbook" Standard Specifications for Public Works Construction format and cover Parts 2 and 3 of the "Greenbook". City will provide Part 1 of the "Greenbook". Task 12 Construction Cost Estimate Consultant shall prepare quantity calculations and final construction cost estimates utilizing current construction cost data from recent similar projects using California Prevailing Wage. Task 13 Pro*t Coordination and Meeting Attendance To provide quality assurance/quality control, and to ensure on -time delivery of the project deliverables, Consultant will actively be involved at all levels of the final design process to direct the day-to-day design activities and to identify and resolve critical design issues early on. Project coordination between Consultant and City will regular communication via email, telephone, and progress meetings. HAMy DocumentsTROJECTSIOB'RGBT Phase 31RBP OBT3 Design 1�greement 5 5 15 (2) (from Dan).doc Included in this task are four (4) progress meetings with the City to discuss the progress of the project and any related issues. Task 14 Construction Services Consultant will answer questions from bidders, provide information to City for bid clarifications or addendums, review and approve submittals and shop drawings, and respond to RFI's and change orders. A maximum of 40 hours is budgeted for this task. Scope of Services Exclusions • Professional Services not specifically identified in this Scope of Work above Optional Services Available for additional Fee • Geotechnical Investigation and pavement design • Rare or endangered plant species survey • Trail Head Entry Monument (Large Arch) Sign • Hydrology Study/ Modeling • Right of Way Mapping Legals / Exhibits • Caltrans Encroachment Processing • Utility Notifications • Street Improvement Plans • Traffic Signal Work • Stage Construction / Traffic Handling • Electrical / Lighting Plans • Graphic or Signage Design • Structural Design • Construction Observations or Punch Lists • As -Built Drawings preparation 11AMy DocumentsTROJBCTSM'ROBT Phase 31RBF OBT3 Design eement 5 5 15 (2) (from Dan).doc EXHIBIT "B" RATESCHEDULE COST PROPOSAL. HAMy Documents\PROJECTSMTIOBT Phase 31RBF OBn design Weement 5 5 15 (2) (from Dan).doc EXHIBIT "C" 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 �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 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. RBF Consulting, a Michael Baker International company Date: ' 4 - /S By: o9nndrew, PLA H:Ny DucumentsTR0JBCTS%0BT%0BT Phase 31RBF 013T3 Design 1 Rleement 5 5 15 (2) (from Dan).doc