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HomeMy WebLinkAboutContracts & Agreements_9-2002AGREEMENT TO FURNISH CONSULTING SERVICES FOR PHASE 1 OF THE REDLANDS SPORTS PARK This Agreement is made and entered into this 15th day of January 2002, by and between the City of Redlands, a municipal corporation ("City") and STB Landscape Architects ("Consultant"). In consideration of the mutual promises, covenants and conditions contained herein, City and Consultant agree as follows: 1.1 A 7� TT/~T ti 1 6� !�7 C vj, TF TT OF CO 1 T A t-"ii 1�.i..1 , 1 - L_J''. tJL LV.1 111 va �.v v)�Ji1 �`-i. 1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perfoiin design services ("Services") for the design of a soccer complex within the detention basin at Sessums Drive and Dearborn Street (the "Project"), for the City of Redlands, California. 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 high quality Services to City for the Project at the level of competency presently maintained by other practicing professional consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific services which Consultant shall perform are more particularly described in Attachment "A," entitled "Engineering and Landscape Architect Services for Phase 1 of the Redlands Sports Park," which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITI ItS OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's services on the Project. 3.2 City will provide access to and make provisions for Consultant to enter upon City -owned property or rift -of -way as required by Consultant to perform the Services under this Agreement. J:\WEEKLY.RPT\STB Ab eementwpd 1 3.3 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 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule attached hereto and incorporated herein by reference as Exhibit "B," entitled "Project Schedule for Phase I of the Redlands Sports Park." ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 For the performance of the Services, City will pay Consultant a fee not to exceed $47,810.00 as a lump sum for the design services described in Exhibit "C," which is attached hereto and incorporated herein by this reference. 5.2 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 Shawn T. Burch STB Landscape Architects 10 East Vine Street, Suite 206 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 maybe 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. J:\WEEKLY.RPT\STB Agreement_wpd 2 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall provide City with Certificates of Insurance evidencing such insurance fifteen (15) days of execution of this Agreement. 6.2 Worker's Compensation and Employer's Liability. A. Consultant shall have Worker's Compensation and Employer's Liability insurance in force throughout the duration of the Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. Such insurance shall be primary and non-contributing to any insuran ce or self-insurance maintained by 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 Agreement. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work perfottued 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 brou it 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. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, 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. J:\WEEKLY.RPT\STB Agreement.wpd 3 6.4 Professional Liability Insurance. Consultant shall have professional liability insurance in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate throughout the term of this Agreement. 6.5 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. 6.6 Hold Haiuiless 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 subcontractors, and any of its officers, agents and employees in performing the Services required by this Agreement. Consultant's obligations under this provision shall not be limited in any way by any term of this Agreement, or the insurance limits. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the teams 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. 7.2 Consultant shall not sublet or assign any of the Services to be perfoiuied under this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions, and conditions of this Agreement. 7.3 The Consultant's key personnel proposed for this project are as follows: Shawn T. Burch David Mlynarski Lynn Parker Tom Loza Consultant agrees that these key people will be made available and assigned to City's Project, and that they will not be replaced without concurrence from City. 7.4 All docum ents, records, drawings, electronic data files and data base, photographic prints and negatives, 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 upon completion of Services. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. J:\WEEKLY.RPT\STB Ab eement.wpd 4 7.5 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 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 it 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. 7.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 City may terminate this Agreement, with or without cause, by serving Consultant with a termination notice as provided herein. Consultant shall be paid its pro-rata share for services completed at the time of said notice of termination. Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services and (2) deliver or otherwise make available to City, copies of any data, design calculations, drawings, specifications, reports, estimates, summaries, and such other infoimation and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.8 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and anypriornegotiations, proposals or oral agreements are superseded by this written Agreement. Any amendment to this Agreement, to be effective, shall be in writing and approved by the City Council of City and si ied by City and Consultant. 7.9 In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorney's fees. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. // i/ // // // // // // // // // J:\WEEKLY.RPT\STB Ageement.wpd 5 IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS By-7C G Mayor Date January 15,2002 STB LANDSCAPE ARCHITECTS By J:\WEEKLY.RPT\STB Agreement.wpd ATTEST: Date I /,o/o2- 6 EXHIBIT A ENGINEERING AND LANDSCAPE ARCHITECT SERVICES FOR PHASE 1 OF THE REDLANDS SPORTS PARK PROJECT DESCRIPTION The project consists of designing the park improvements within the existing detention basin at Sessums Drive and Dearborn Street. The proposed improvements will include grass fields for local sports events, nearby parking, bathrooms, and concessions. SCOPE OF SERVICES Following is a detailed Scope of Work: A. Participate in the Following Meetings: 1. Kick-off meeting The Consultant shall meet with the City staff to go over the project schedule, design ideas, and other issues. 2. Public Input The Consultant shall meet with special interest groups, such as the AYSO, to deteiiuine any special needs. The Consultant should plan to attend two meetings. The Consultant may present the design concept in a PowerPoint presentation to City Council. 3. Design Review The Consultant shall meet with the City staff to go over the 30% submittal and the 90% submittal. 4. Other Meetings The Consultant shall attend other meetings as directed by City staff and shall be compensated on a time and materials basis. B. Prepare Conceptual Plan The Consultant shall propose two or three conceptual sketches for the park plan. After staff provides direction, the Consultant shall provide a final color 36-inch by 48-inch Conceptual Plan exhibit mounted on foam board for presentation to City Council. Along with the plan, the Consultant shall submit color drawings and/or pictures of recommended park features such as the lighting standards, benches, bleachers, trash and recycling containers, irrigation controller, bicycle racks, picnic tables, trees, ground cover, modular bathroom and other building facilities, etc. C. Prepare Grading Plans 1. Survey the Existing Property The Consultant shall re -survey the property to obtain enough vertical infoiuiation to determine how much soil needs to be removed from the site. A copy of the most recent grading plan prepared by Mapco is included in Attachment "C." One option maybe to obtain an othophotograph of the site. 2. Existing Contours and Proposed Grades The Consultant shall provide sufficient info'. nation on the grading plan for a contractor to finish grade the project. Finish grades and slopes of the fields shall be provided on the plan. 3. Proposed Site Improvements The proposed site improvements such as drainage facilities, parking lots, bathroom building pad, concession stand pad, maintenance storage facility, trash/recycling enclosures (double bin), sidewalks, ramps, bleachers, stairs, lighting, etc., shall be shown on the grading plans. D. Landscaping Improvement Plan The Consultant shall provide a plan showing details sufficient to install landscaping improvements such as trees, grass, rocks, jute netting, soil amendment, irrigation system, etc. E. Photometric/Lighting/Electrical Plan The Consultant shall provide a plan showing details sufficient to construct enough lighting within the facility to support night activities. The lighting should be designed for around the perimeter of the park since there is a two percent chance that it will be inundated every year. F. Soils Report The Consultant shall provide a soils report stamped and signed by a Civil Engineer which provides an analysis of the existing soil conditions, recommends a pavement section for asphalt, and provide sufficient infoiivation for building foundation design. The report shall recommend construction procedures for the dikes. A minimum of five bores shall be taken at locations approved by the City staff. Compaction reports shall be taken at five locations in the existing dikes to determine relative compaction at the surface and two feet below the surface. City staff may be able to dig the holes for the two -foot deep compaction tests. Information shall also be provided, based on the soil type and characteristics, regarding any soil amendment needed for growing grass or other recommended plants and trees. G. On -Site Drainage Report The Consultant shall provide a drainage report stamped and signed by a Civil Engineer which addresses erosion control of flows entering the site from the east and local onsite drainage. The Consultant shall recommend a drainage plan that will allow the fields to drain and be useable shortly after minor rainstoiui events. The report shall include a recommendation for parking lot drainage and include features so that the facilities comply with NPDES requirements. The report shall address erosion control of drainage from the dikes. Flow quantities for the 10-year and 100-year flow shall be calculated for the site and local off -site drainage basins. H. Project Administration 1. Project Management Attend meetings with the CITY PROJECT MANAGER and other City staff as mentioned above. The Consultant shall prepare minutes of each meeting and distribute them to the attendees. 2. Cost Accounting The Consultant shall prepare monthly reports of expenditures for the project by task. Expenditures include direct labor costs, other direct costs and subconsultant costs. These reports will be included as supporting data for invoices presented to the CITY each month. 3. Scheduling Within two weeks from the Notice to Proceed, the Consultant shall provide a detailed project schedule, which indicates milestones, major activities and delivery dates to the CITY for review. This schedule will include necessary review times for all agencies involved. 4. Quality Control The PS&E will be subject to quality control reviews at 30% and 90% of completion. These reviews will assure conformance to CITY standards. 5. Final Plans, Specifications and Estimates (PS&E) The final PS&E will incorporate all review comments from the CITY. The Consultant shall deliver to the CITY the following documents in electronic and paper foul's: One (1) set of original mylar drawings of the final design Ten (10) sets of blue lines of the final design Ten (10) sets of final specifications (including City -provided general provisions) Two (2) copies of final quantity calculations and cost estimate Four (4) sets of final study reports (geotechnical and drainage) I. Construction Bidding Phase Consultant shall be available to answer any questions regarding the Plans and Specifications during the bidding phase. Analysis will be provided and recommendations for corrective action will be prepared. The consultant shall prepare addenda as required. EXHIBIT B PROJECT SCHEDULE FOR PHASE 1 OF THE REDLANDS SPORTS PARK The project schedule is as follows: Notice to Proceed: January 21, 2002 Conceptual Plan Presentation: February 19, 2002 Preliminary Landscaping Plan: March 18, 2002 Staff Review Complete: March 25, 2002 Working Drawings 90% Submittal: May 6, 2002 Staff Review Complete: May 13, 2002 Bid Documents 100% Submittal: May 27, 2002 EXHIBIT C CONSULTING FEE FOR PHASE 1 OF THE REDLANDS SPORTS PARK The cost to perform the agreed on scope of work is a lump sum amount of $47,810.00. The cost break -down is as follows: A. Participate in Meetings: $3,150.00 B. Prepare Conceptual Plan $4,735.00 C. Prepare Grading Plans $9,700.00 D. Landscaping Improvement Plan $9,375.00 E. Photometric/Lighting/Electrical Plan $3,750.00 F. Soils Report $5,000.00 G. On -Site Drainage Report $4,500.00 H. Project Administration $5,000.00 I. Construction Bidding Phase $2,600.00 TOTAL DESIGN COST $47,810.00 Advisory Board as recommended by the DRBA Advisory Board. Motion seconded by Councilmember Peppler and carried unanimously. Consultant Services Agreement - Redlands Sports Park - Public Works Director Mutter reported his department received four proposals for the design of Phase 1 of the Redlands Sports Park. Staff reviewed the proposals and ranked the top three consultants. On January 7, 2002, staff along with representatives of the Parks Commission and the Recreation Commission interviewed the top three consultants. The group quickly reached a consensus that STB Landscaping was the best qualified to design Phase 1 of the Redlands Sports Park. Following brief discussion, Councilmember Haws moved to approve a consulting services agreement with STB Landscape Architects for the design of Phase 1 of the Redlands Sports Park. Motion seconded by Councilmember Peppler and carried unanimously. Management Agreement - Redlands Sports Park Proposal - City Manager Davidson presented a copy of the revised proposal for the Redlands Sports Park as prepared by Big League Dreams, Inc. The proposal provides an overview of the project components, anticipated use, maintenance, operation, construction costs, projected revenues, and a conceptual site plan. Rick Odekirk, Big League Dreams, addressed the City Council and answered questions about the proposal. Councilmember Gilbreath questioned the numbers in Schedule B (schedule of estimated savings and net income) at length. Mr. Odekirk attempted to clarify and agreed to provide further infoiination at the City Council workshop scheduled for January 29, 2002. Councilmember Peppler moved to conceptually approve the Redlands Sports Park proposal as submitted by Big League Dreams, Inc. and directed staff to place this matter on the agenda for the City Council workshop session to be held on January 29, 2002. Motion seconded by Councilmember Haws and carried with Councilmember Gilbreath voting NO. Councilmember Gilbreath stated she was all in favor of the sports park but wanted all the pieces together before she would be willing to vote in favor of the proposal. Urban Design Workshop - Councilmember Harrison asked fellow Councilmembers for support to conduct a downtown design workshop. The workshop would be a project of short duration, approximately three months, to establish an urban plan and design concept for the downtown area generally bounded by Interstate 10 to the north, Texas Street to the west, Ninth Street to the east, and Olive Avenue to the south. It would use an open process to gather input from the general public, downtown landowners, City commissioners, and City Councilmembers regarding the development projects, public places and investments needed to rejuvenate the downtown redevelopment process; produce a concept plan for downtown redevelopment that can be used by the City Council to establish a unified vision and policy for downtown redevelopment; and provide the basis for the City to work with landowners and others on the detailed land use, urban design, transportation and financial Janaury 15, 2002 Page 3