HomeMy WebLinkAboutContracts & Agreements_19A-2016 AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of engineering design and landscape architectural
services ("Agreement") is made and entered in this 2nd day of February, 2016 ("Effective Date"),
by and between the City of Redlands, a municipal corporation ("City)" and Community Works
Design Group ("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
1.1 City hereby engages Consultant to provide engineering design and landscape
architectural services (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 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 Armando Valles, Cemetery Manager, 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 in
accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," which
is attached hereto and incorporated herein by reference. The Services shall commence
within ten (10) days of the Effective Date of this Agreement.
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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
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 Thirty Eight Thousand Seven Hundred Fifty Dollars ($38,750). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance
with Exhibit "C" entitled "Project Costs and Hourly Rates." Exhibit "C" 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:
Cit , Consultant
Chris Boatman, Director Timothy I. Maloney
Quality of Life Department 4649 Brockton Avenue
City of Redlands Riverside, CA 92506
35 Cajon Street, Suite 222
PO. Box 3005 (mailing)
Redlands, CA 92373
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.
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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 "D," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to performance of any Services.
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 Iiability, 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 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.
6.6 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:
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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 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 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
$.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 inhouse 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
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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 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 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 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, any
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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS COMMUNITY WORKS DESIGN GROUP
By: By:
'Mar Pro 4Timot -n
J n arrison, yo I. Maloney,
Attest:
Sam Irwin, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant is to provide the City with engineering design and landscape architectural services to
accomplish the development of Block 1I, an area approximately .33 acres in size located at
Hillside Memorial Park in the City of Redlands, California (the "Project"). The Scope of
Services as detailed herein shall provide the City with complete engineering and landscape
architectural services necessary to prepare plans, specifications and estimates (PS&E) with
which to facilitate construction of the desired improvements within the specified budget.
Task 1 -Project Start-Up Meeting
Consultant shall attend a start-up meeting with City staff to discuss the design intent and visit the
project area to clarify field conditions and limits of work. This meeting will provide a thorough
review of the scope of services, objectives, design, maintenance requirements, preferred method
of irrigation, limits of work, construction schedule, and budget. The Consultant shall discuss
proposed materials and infrastructure needs.
Task 2 -Topographic Survey
Consultant shall perform utility and existing conditions research in preparation of the base
mapping for this project. This research will include searching for available record data (record
maps, burial right- of-way maps, benchmarks, utilities, existing improvement plans) within or
adjacent to the project limits: Consultant shall gather available information from the various
utility companies regarding their facilities in the project area. This will permit these facilities to
be incorporated into the base map for the project. After reviewing the project area, Consultant
shall perform a complete topographic survey of the project area (aerial topography will not be
acceptable). Topographic mapping to include: roadway improvements (curb and gutter, cross
gutters, driveways, street lights), utility improvements (manholes, vaults, meter boxes, power
poles and guy wires), the edge of existing grave sites directly adjacent to the project area and
other existing site improvements.
From the survey and research data, Consultant shall prepare a base map for the project. The base
map will depict all elements as described above.
Task 3 -Preliminary Site Plan Development
The Consultant shall prepare a conceptual design indicating the proposed improvements. A
preliminary estimate for the improvements provided. The conceptual design shall be colored and
made available in a digital format to the City for Public presentations. Meetings with City staff
shall occur as necessary in the development and refinement of the initial conceptual plans.
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Task 4 - Draft Conceptual Plan Review Meetings
Consultant shall attend up to three (3) meetings with the Project Team to review the draft
conceptual plans, and to receive initial comments and direction in which to proceed with the final
conceptual plans. This task assumes three (3) meetings will be scheduled to review the draft
conceptual design.
Task 5- Conceptual Plan Presentations
Consultant shall present plans to City staff and the Project Team for review and comment.
Revisions will be made accordingly. Any necessary revisions will be made in order to obtain
formal approval of the conceptual plans by the City Council. Note, multiple meetings may be
required depending upon the action taken by the respective commission and/or City Council.
City staff will make formal presentations of the plans to the City Council.
Task b—Design Final Plans & Technical Specifications
Develop final design plans and specifications for the Development Block based on input from
city staff. The anticipated budget for construction is not to exceed $48,000. If the anticipated
construction costs exceed the available budget, the consultant shall design the project to allow
for phased construction and include additives within the bid schedule. Plans shall meet all
applicable local, County, State and Federal requirements. The construction documents (final
design plans and specifications) shall include:
a) Introduction Sheets
Prepare a title sheet with vicinity map and sheet index, general notes sheet with
all applicable notes, abbreviations and symbols. The title block and title sheet
layout will be provided by the City.
b) Demolition Plan
Prepare a demolition plan for all items to be removed and/or relocated in the
improvement area.
c) Improvement Plan
Prepare an improvement plan showing the entire site identifying all proposed
design elements and improvements.
d) Precise Grading Plan
Prepare the necessary drawings for site grading, finish elevations of design
elements, proposed accessible paths and drainage patterns across the site. Plans
shall include all applicable details and cross sections (as necessary) for the
construction of these plans.
e) Horizontal Control Plan
Prepare a horizontal control plan that will locate all site elements and allow for
the completion of construction staking.
f) Construction Plans & Details
Prepare construction plans that will provide sufficient detail to construct all
proposed improvements. Details shall reference all applicable standards or
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specifications to ensure proper construction and installation.
g) Irrigation Plan
Prepare irrigation plan that will utilize low water use irrigation equipment. The
plan shall include pressure loss calculations, point of connection, meter size,
backflow device, mainline, lateral and head layout, drip irrigation layout,
controller location, and flow calculations. Details shall demonstrate proper
installation of all irrigation equipment.
h) Planting Plan
Prepare detailed plan for all planting areas within the improvement areas. The
plan will locate and identify all items of plant material to be used. Details shall
demonstrate proper installation of the plants. Drought tolerant plant materials
must be used to conserve water, reduce maintenance and ensure the long-term
health and viability of the plant material.
i) Erosion Management Plan
Prepare an Erosion Management Plan in following the latest CASQA BMP
guidelines for review and approval by City staff and shall include all copies and\
attachments as requested.
j) j) Specifications
Prepare construction specifications for the project. City will provide the City's
standard bid documents (i.e., Notice to Contractors, Instructions to Bidders,
Contractor Forms, General Conditions etc.) to incorporate into final specification
package with adjustments by consultant to be specific to this project. Consultant
shall provide all required Technical Specifications to accommodate proposed
improvements.
k) k) Construction Cost Estimate
Prepare quantity calculations and final construction cost estimates for the
improvements utilizing similar project construction item bids from recent
projects. Compare construction cost estimate to budget amount and include
additive bid items as required to meet the project budget.
1) 1) Construction Services
Assist City during the bidding process by reviewing and providing City with
responses to submittal and requests for information (RFI) and shop drawings
related to specialty products and items.
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EXHIBIT "B,"
"PROJECT SCHEDULE
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EXHIBIT VICIF
PROJECT COSTS AND HOURLY RATES
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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 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.
Community Wor s D sign Group Dat .
4 By:
Timothy I. Maloney, President
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