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HomeMy WebLinkAboutContracts & Agreements_176-2012_CCv0001.pdf AGREEMENT TO PERFORM LANDSCAPE ARCHITECTURAL SERVICES This agreement for the provision of landscape architectural services("Agreement")is made and entered into this 160' day of October, 2012 ("Effective Date"), by and between the City of Redlands,a municipal corporation("City")and STB Landscape Architects,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 I - ENGAGEMENT OF CONSULTANT LI City hereby engages Consultant to perform landscape architectural services for the conceptual drawings of the Orange/Eureka/ 1-10 "on-off"ramps (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, the Americans with Disabilities Act, the Fair Employment and Housing Act and 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, City's Quality of Life 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 the Services in a prompt and diligent manner and shall complete the Services on or before January 15, 2013. 4.2 During the teen of this Agreement. City may request that Consultant perform Extra I C: Documents and SettinpcsuarezLocal Settinggs'l remporary Internet File,tOLKM'STB Landscape Architects orange Eureka 110 on-off ramps (3).do Services. As used herein, "Extra Services" means any work that is determined necessary by City for the proper completion of the Services, 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 (20%) 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 a duly authorized City official in accordance with Chapter 2.16 of the Redlands Municipal Code. Consultant shall not perform, nor be compensated for, Extra Services without such written authorization from City. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Four Thousand Four Hundred Ten Dollars($4,410). Consultant shall submit an invoice to City upon completion of the Services, and City shall pay Consultant no later than thirty(30) days after receipt and approval by City of Consultant's invoice. 5.2 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: City Consultant Fred Cardenas, Director Shawn T. Burch, President Quality of Life Department STB Architects, Inc. City of Redlands 15 South 5th Street 35 Cajon Street Redlands, CA 92373 P.O. Box 3005 (mailing) Redland, 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 5.2. 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 perforin any Services unless and until 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; provided, however, the policies shall allow for ten(10) days notice for cancellation to City due to non-pay-ment of premium. 6.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with 2 C: Documents and SettingsIcsuarez.,local Settings,-Fernporary Internet Files�OLK3EFSTB Landscape Architects Orange Eureka 110 on-offramps (3),doe 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. 6.3 Consultant shall secure and maintain in force throughout the Tenn of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars (S 1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate regate 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. 6.4 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. 6.5 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 any negligent act, omission or failure to act by Consultant, 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 perforin 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 or participate in: (i)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, 3 (':,Docurnents and SettingsCsuarezd_t)cal Settings Temporary Internet Files"OLK3EF STB Landscape Architects orange Eureka 110 on-offramps (3).doc applications, certifications, approvals, orders or similar authorizations or entitlements, (iii) authorizing City to enter into, modify or renew a contract; (iv) granting 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) 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 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 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 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 terns, 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 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 4 C:Documents and Settings',.csuareAtA)ca1 Settingslernponary Internet Fi1es,,0LK3FFSTB Landscape Architects Orange Eureka 110 on-off ramps (3 Woc 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 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 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. 5 (' Docutiictitsand Senings'csuarez'iLc)caI SettingsJemporavy Internet Fitt s,OLMEFSTB 1-andscapeArchitects Orange Eureka 110 on-off ramps (3)Aoc 6 C"Documcins and Seftinp esuarez"Local Settings Temporary Internet FilesvOLK3 FF STB tinidscape Architects Orange Eureka I]0 on-off ramps O)Ax IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS STB LANDSCAPE ARiVIIITECT�$, INC. npBy: By: Pete AguilVr, Mayor Shams n T. Burch, President Attest: Sam Irwin, qty Gferk 7 (:Documents and Settingsiesuare7local Settings Temporary Internet FflesiOWEF STB Landscape Architects orange Eureka 110 on-cuff ramps (3).doc EXHIBIT B' WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM LANDSCAPE ARCHITECTURAL SERVICES FOR THE CITY OF REDLANDS 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). STB LANDSCAPE ARCHITECTS, INC. By: Z Shaw T.Burch, President Date: C:Docurnents and Settings CsuarezA-ocal Senings"Femporary Internet Files�OLKHFSTB Landscape Architects Orange Eureka I 10 oil-off rairips(3).doc PROJECT UNDERSTANDING AND OBJECTIVE' It is our understanding that the Purl Avenue beautification project -will involve conceptualization, of monument signage; decorative fencing and plant:materials- The improvements will echo the existing improvements at the University Avenue off-ramp and the exhibits prepared in conjunction with this RFP. The planting theme will be blended into the existing landscape materials where passible in order too reduce construction costs Close coordination.with the local Caltrans agency will be imperative for the project to go smoothly. Our firm has a very close relationship with.Caltrans,•based on the many freeway improvement projects we have completed over the past few decades, SCOPE OF SERVICES The following represents our understanding of the scope of work for this project: PROJECT APPROACH Upon the-award of the contract we will schedule a workshop to allow for team-members and staff'involvement .The workshop will be used as a forum to expand upondiscussions with City's staff,with our awn design ideasand our site evaluation studies.Our role will be one of creating a preliminarydesign that echoes a consensus of all the interested parties.The-information gleaned. from this workshop will be worked into a preliminary design;for the project area.In keeping with our"Team Approach we will stay,in close communication with-the City staff and the various agencies-involved, encouraging participation in the design procedure. In the design process it is imperative that this interaction takes place in order to create a truly integrated project. SITE ANALYSIS 1. Prior to holding the initial workshop we will visit the site to gather information:regarding the characteristics of the site. We will analyze the opportunities and constraints of each including, but not limited to; grades, location of"potential amenities, the condition of adjacent properties, topography, existing vegetation, views, uses, accessibility, infrastructure and surrounding uses. 2. We will prepare a project ruse map from existing GIS data and available Caltrans mapping-It is understood that a formal site survey will not be completed at this time. Plans will be prepared using Autocad software. PRELEMNARY DESIGN PLATY 1. After the initial meeting with the ProjectTeam members, STB will prepare a preliminary concept plan for the project area for review and evaluation. The preliminary design will conceptually indicate all the proposed landscape design elements within the project area. Scope of improvements are anticipated,but not limited,to be: a. Project monumentation and signage. b. Decorative fencing. e_ Low water-using plant materials. d. Extensive use of various mulch types to retain moisture and restrict weed growth. STB LANDSCAPE ARCHITECTS,LNC. 2 2. Preliminary design details (storyboard) will be included for all site amenity items and plant materials. 3. The preliminary plans will be prepared in a Power Point presentation. 4. The preliminary plan will initially be presented internally to the team members for input and discussion. Comments will be incorporated into one final revised preliminary design and presented at the next Committee meeting, Furthercomments will be received and incorporated into a final preliminary design and presented to the City Council for approval. 5.. The.final preliminary design will be colored and mounted on foam-core board fdr public display purposes. 6. The Preliminary design will be drawn at a 1"=40' scale maximum . 7. In order to facilitate open communication between all'interested parties,meetings will be scheduled on an as-needed basis with unlimited"meetings and site visits included in this scope of wont. DELIVERABLES 1. We will provide the Citywith the following documents upon completion:of the design }work: - a. Four(4)sets of the preliminary design b. One colored board C. One electronic file(pdf)of the color rendition and conceptual design COST PROPOSAL" 1 The fallowing is STB landscape Architects,Inc.proposed fee schedule to provide all. work listed in the Scope of Services for the Pearl Avenue Beautification project for the City of Redlands. A. Participate in all team1C2Mcil mectings and site visits. 0.00 B. Prepare Conceptual Plan - S 4,900.00 SUB TOTAL. 4, .00 10%Redlands"Local Firm"Discount -L--420M TOTAL DESIGN INVESTMENT g 4,410.00 STB LANDSC APE ARCNITEC TS, INC.