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HomeMy WebLinkAboutContracts & Agreements_165-2001AGREEMENT TO FURNISH CONSULTING SERVICES FOR CITY OF REDLANDS MUNICIPAL AIRPORT DIGITAL ORTHOPHOTOGRAPH AND MAPPING PROJECT This Agreement is made and entered into this 4th day of December 2001, by and between the City of Redlands, a municipal corporation ("City") and Hicks and Hartwick, Inc. ("Consultant"). In consideration of the mutual promises contained herein, City and Consultant agree as follows: 1.1 ARTICLE 1 - ENGAGEMENT OF CONSULTANT City hereby engages Consultant to perform engineering design services which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Engineering Services") for the preparation of a digital orthophotograph of Redlands Municipal Airport property and mapping ofthe runway and taxiway (the "Project"). 1.2 All work performed by Consultant under this Agreement shall be done in a professional manner, and Consultant represents that it is skilled and has the professional expertise necessary to provide high quality Services to City. 2.1 2.2 2.3 ARTICLE 2 - RESPONSIBILITIES OF CITY City shall place at the disposal of Consultant all available information in its possession pertinent to the Project. City will provide access to and make all provisions for Consultant to enter upon property as required by Consultant to perform the Services under this Agreement. City will designate in writing a person to act as City's representative with respect to the Engineering Services to be performed under this Agreement, and such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Engineering Services covered by this Agreement. ARTICLE 3 - RESPONSIBILITII S OF CONSULTANT 3.1 Consultant shall perform the Engineering Services promptly and shall prosecute them diligently in accordance with the schedule attached hereto and incorporated herein as Exhibit I:\PW\CapitalProjects\Airport\Airport Agreement.wpd 1 ARTICLE 4 - PAYMENTS TO CONSULTANT 4.1 A. For the perfoiniance of the Services, City will pay Consultant a fee not to exceed $10,985 which is itemized as follows: Control Survey Aerial Photograph Aerial Bridge Mapping Features Digital Orthophoto Products Total Fixed Fee $ 1,710.00 $ 1,025.00 $ 350.00 $ 3,700.00 $ 4,200.00 $10,985.00 4.2 Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's hereinabove invoice, by warrant payable to Consultant. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City Consultant Bill Hemsley, Civil Engineer City of Redlands Public Works Department P.O. Box 3005 Redlands, CA 92373 Hicks and Hartwick, Inc. 37 East Olive Avenue, Suite C Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the united States Mail; in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Worker's Compensation and Employer's Liability. A. Consultant shall have Worker's Compensation and Employer's Liability insurance in I:\PW\CapitalProjects\Airport\Correspondence\Airport Agreement.wpd 2 force throughout the duration of the contract or an amount which meets the statutory requirement with an insurance carrier acceptable to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of the agreement. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officer, agents and employees. 5.2 Hold Hailuless and Indemnification. Consultant shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Consultant, its officer, agents and employees in perfoiniing the Engineering Services required by this Agreement. 5.3 Assignment. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the contract 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 the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. Certificates of insurance shall be delivered to City within fifteen (15) days of execution of this Agreement. 5.5 Professional Liability Insurance. Consultant, who is professionally certified by the State shall have professional liability insurance in the amount of one million dollars ($1,000,000) I:\PW\CapitalProjects\Airport\Airport Agreement.wpd 3 per occurrence and two million dollars ($2,000,000) aggregate throughout the teini of this Agreement. 5.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million ($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 on the project, hired and non -owned vehicles, and employee non -ownership vehicles. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 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 recover its reasonable attorneys' fees. 6.2 Consultant shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of the City and in strict compliance with the terms, provisions, and conditions of this Agreement. 6.3 The Consultant's key personnel proposed for this project are as follows: Walt Escherich Steve Dillon, Arrowhead Mapping Consultant agrees that these key people will be made available and assigned to City's Proj ect, and that they will not be replaced without concurrence from the City. 6.4 All documents, records, drawings, aerial photograph prints, designs and specifications, cost estimates, and other Project documents developed by Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City at City's request. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 6.5 Consultant and City agree that Consultant is, for all purposes under this Agreement, an independent contractor with respect to the services provided pursuant to this Agreement and not an employee of City. All qualified personnel provided by Consultant pursuant to the provisions of this Agreement are to be employed by Consultant for its account only, and in no event shall Consultant or any personnel retained by him be deemed to have been employed by City or engaged by City for the account of or on behalf of City. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 6.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon I:\PW\CapitalProjects\Airport\Correspondence\Airport Agreement.wpd 4 completion and acceptance by City of the Engineering Services. 6.7 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services and (2) deliver or otherwise make available to City, copies of data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Consultant in performing this Agreement. 6.8 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by City and Consultant. 6.9 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS Mayor Date Dec. 4, 2001 HICKS AND HARTWICK, INC. By I:\PW\CapitalProjects\Airport\Airport Agreement.wpd ATTEST: Date 11)agoi 5 EXHIBIT A ENGINEERING SERVICES FOR DIGITAL ORTHOPHOTOGRAPH AND MAPPING OF THE REDLANDS MUNICIPAL AIRPORT PROJECT DESCRIPTION The project consists of taking aerial pictures of the Redlands Municipal Airport property and converting these pictures into a digital orthophotograph. Before the aerial can be flown, ground control must be set accurately specifying the horizontal and vertical location of several points within the flight line. Part of the conversion process includes creating digital terrain model which interpolates elevations between the measured control points. This is later used to rectify the photograph so it is horizontally and vertically accurate to within a half of a foot. Once the photograph is digitized, it is rectified so it can be used as an electronic drawing in AutoCAD. Site features such as buildings, pavement edges, pavement cracks, etc, are then mapped onto a drawing that can then be used for design work. SCOPE OF SERVICES 1. Provide a digital orthophotograph of the Redlands Municipal Airport property boundaries at a map scale of 1" = 40' and photographs at a scale of 1" = 315'. See the attached maps, which show the property boundaries and the boundary for the mapping portion of the project. The entire property shall be flown and digitized, but only the portion inside the hatched boundary shall be mapped. 2. Provide 1-foot contours. 3. Provide the ground survey necessary to prepare the orthophoto and aerial bridge. Use NAD83 Datum. The City has an AutoCAD drawing of the boundaries. 4. Provide a digitized drawing in a format compatible with AutoCAD r14 (TIFF or JPEG). Include 6 individual image files covering the site piece by piece. 5. Mapping shall include a full 40-scale topographic map for the hatched area of the attached map and shall show all features visible on the photography except in areas where the ground is obscured by trees, brush, or other objects. Mapping shall include pavement cracks. 6. The project shall confoim to the National Map Accuracy Standards. EXHIBIT B PROJECT SCHEDULE FOR DIGITAL ORTHOPHOTOGRAPH AND MAPPING OF THE REDLANDS MUNICIPAL AIRPORT The project schedule is as follows: Control Survey December 10 to December 14, 2001 Aerial Photograph December 19, 2001 Aerial Bridge January 2, 2002 Mapping Features January 3, 2002 to January 11, 2002 Digital Orthophoto Products January 14, 2002 to January 18, 2002 Submit Completed Project January 22, 2002 / }/-CRy of Relt. L—S�` � Wall Site dlonex i/ / It 1 FAA Radio Transmitter Runway Protection Zone (RPZ) 20:1 Visual Approach -. Existing Segmented Cfrchs/ = Lighted Wind Cone Exist'siq liEiSESSUIAS 134,1 !, Cr--11 Existing REIL�: F1 - tri; F cf rues J. ARFF aloud: / F d T T JL _ ir 11 11 11 1 11 PROPERTY UNE a NORTH 3CAtE fl MT • Z se 0 yt1 Exhibit EXISTING AIRSIDE FACILITIES w Runway Protection Zone (RPZ) 20:1 Visual Approach so TA A ASH l Existing REAL — / Existing REIL --� i .Fuel +S +i i�i it ry �liliiliiiL � lilaa�ir.i iT1TTTTTTTT TT� .b •F T TT ENTIMINITW Auto Parting AVIATION DR. FUTURE INDUSTRIAL PARK PIONEER AVE. I I ) f=1] 11.! 1$321 MUNICIPAL AIRPORT 1(-----T---) . Tr .If II 3 31 f c c Funds - Agreement - Redlands Municipal Airport - On motion of Council - member Gilbreath, seconded by Councilmember Peppler, the City Council / unanimously approved an additional appropriation of $165,000.00 from the Special Aviation Fund for the design and construction of the 2001 Airport Improvement Grant Project. On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously approved a consultant services agreement with Hicks and Hartwick, Inc. for an aerial orthophotograph and mapping of the Redlands Municipal Airport. Funds - Senior Transportation Program - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously approved an additional appropriation in the amount of $25,000.00, which was donated by the San Manuel Band of Mission Indians, for the purchase of a vehicle for the Redlands Police Depaitnient Senior Transportation Program. Funds - Citizens' Option for Public Safety Funds - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously approved the use of Citizens' Option for Public Safety funds as follows and authorized an additional appropriation in the amount of $130,613.45: Upgrade of Video Tech position to full time $ 21,280.45 Hand held radios 7,983.00 Voice stress analyzer system and training 16,000.00 Computer equipment 36,400.00 TRAK system 800.00 Tactical helmet refurbishing 3,000.00 Office equipment 4,400.00 Crime Scene Technician equipment 26,750.00 Directed patrol overtime 14,000.00 Total $130,613.45 Funds - Radar Unit - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously approved an additional appropriation in the amount of $2,203.00 from the 30-Day Impound account to purchase a radar unit for the Redlands Police Department Traffic Bureau. Change Order - Fire Station No. 1 Renovation Project - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously approved a change order to the Purchase Order for asbestos and lead removal at the Redlands Fire Station No. 1 Renovation project and authorized staff to execute the change order. Contract Library Restoration Project - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the City Council unanimously approved a contract with Tilden -Coil Constructors, Inc. for construction management services for the restoration project at the A. K. Smiley Public December 4, 2001 Page 5