HomeMy WebLinkAboutContracts & Agreements_145-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with Alliant Consulting Inc.
("Agreement") is made and entered in this 22nd day of July, 2014 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City)" and Architectural Resources
Group,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 1 —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide a historic resource evaluation of property
located at 625 East Redlands Boulevard in the city of Redlands for City(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 Oscar Orci, City's Development Services 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 by July 30,2014.
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
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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 Five Thousand Nine Hundred Sixty Dollars ($5,960.00). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance
with Exhibit `B" entitled "Project Costs and Hourly Rates." Exhibit "B" 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 All notices shall be given in writing by personal delivery or by mail.Notices sent by mail
should be addressed as follows:
f Lty Consultant
Oscar Orci,Director
Development Services Department Architectural Resources Group,Inc.
City of Redlands Pier 9,The Embarcadero
35 Cajon Street,Suite 222 Suite 107
P.O.Box 3005 (mailing) San Francisco, CA.94111
Redlands, 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 5.3.
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 of the policy except upon,thirty(30) days prior written notice to
City.
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
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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 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 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.
6.5 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 and 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;
(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;
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(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 Citythat 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.
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 (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
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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.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS NAME
.1 /V
B . By: Gni ,
N. Eng que4Martinez ' ��� t4 I��II�✓.n M12 l rll/l�-1
City anager l •J
Print Name/Title
9:\ca\dimr Agreements\Architectural Resources Group 7 22 14(2).doc 5
Attest:
eanne Donaldson, Deputy City Clerk
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Exhibit"A" - Scope of Services
MCHrncm $ . GaovP, INc.
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July 16,2014 plindlprlt
Loralee Farris s10103J3•FAMM FAM Uin AP
Associate Planner CHAF.w Frnm,:.CHASE Aur
210 East Citrus Avenue TAi: m Futuna
Redlands,CA 92373 AAcn\JON'MUM AIA
.
Re: Historic Resource Evaluation,625 East Redlands Boulevard 2JAwu OMaa:uo,AIA
DAvtn P %VLML AIC:FAPT
Dear Ms.Farris:
Burt D.Juno,FAu,tamnls
We are pleased to submit a proposal to conduct a Historic Resource Evaluation of
the property located at 625 East Redlands Boulevard,in the City of Redlands.We ,l1%oddic P,inapals
understand that the property contains a one-story,drive-through restaurant(La
Rosita Drive-Thra)constructed circa 1960.Our proposed scope of work includes the t""��Mc�A�E Aun A�
following tasks:
Seniei rkioci,ttH
• Review all background materials,including building permits,to be obtained A.,tfftiq'G BLYHOUML AIA LtEn AT
from the City of Redlands. DtrorAH J.CoortsL Au.Lrtn Ac
• Conduct additional property-specific research at the A.K.Smiley Library K,at>:E HoAAK
Heritage Room;our in-house library of architectural books,journals and tLu YMOOVICK Au tin Ar
periodicals;and various on-line repositories. CAMM,M,.WM,L,u„
• Visit the site for documentation purposes. CMSFOPHER J SIM
• Conduct limited comparative analysis of similar properties in the City of CATWRL`t Mi.VMM AM.tIn Ar
Redlands.
• Prepare a Historic Resource Evaluation Report that provides a summary of
applicable historic contexts and an evaluation of 625 East Redlands
Boulevard against California Register of Historic Resources and City of
Redlands Historic Resource criteria.
• Prepare for and attend one public hearing,at which the findings of the Offices
historic resource evaluation will be reviewed and discussed. sA.,FsA%,mco
PASAMM.
We have compiled an expert project team to complete the tasks associated with this Pokw%n
Historic Resource Evaluation,Katie Horak,Senior Associate,will act as project
manager and oversee all aspects of the project,including research,evaluation
against eligibility criteria,and report compilation.Katie will also provide day-to-day
contact with you and other City representatives,as needed.Additional research and
analysis will be provided by Andrew Goodrich,Architectural Historian and Historic se°,��,n c,rrfe,nsa O�.v
Preservation Planner.Both Katie and Andrew meet the Secretary of the Interior's
Professional Quali.fieation Standards in Architectural History and History. s M& Place.su"` ;°°
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Exhibit"B" -Project Costs and Hourly Rates
Architectural Resources Group,Inc. 825 East Redlands Blvd,Redlands,CA
July 16,2014 Historic Resource Evaluation
Project Manager Historian I
Horak Goodrich
A. site Vlatt
Vlsft the site for photography and evaluation purposes.The building will be 4 4
documented with digital photographs and written notes.
B. Research
Review existing documentation and background information provided by the City
of Redlands,if any.Obtain original building permits and alteration permits.
Conduct additional research pertaining to the property at the A.K Smiley Library 2 16
Heritage Room;ARG`s In-house library of architectural books,journals and
periodicals;various on-Ifne sources;and other repositories to be determined.
Conduct limited comparative analysis of similar properties in Redlands.
C. Prepare Historic Resource Evaluation Report
Draft a Historic Resource Evaluation Report that assessed the property for
eligibility for the California Register of Historical Resources and listing as a City
of Redlands Historic Resource.The report will Include a description of the
property and building,chronology of development/permit history,historic context 4 &
statement,evaluation against state and local landmark criteria,and
recommendation of eligibility or ineligibility.Submit draft Historic Resource
Evaluation for review.
D. Prepare Final Report
Based on client comment,prepare and submit a final Historic Resource 2 0
Evaluation Report,
E. Attend Public Hearin
Prepare for and attend a City of Redlands public hearing at which the findings of 6 0
the Historic Resource Evaluation will be discussed.
Total Hours 18 28
Rate per hour $180 $110
Subtotal per person $2,880 $3,080
Total Not:-To-Exceed Fee $5,900
ARG will provide one electronic copy of all work products,unless otherwise directed by the client.
Billing will occur monthly based on percentage of work completed.
7,-rr �rq
ARCHmicnim GROUP, INC.
Anel,iteeu, mtor.s
STANDARD BILLING RATES
1. Direct personnel expense shall be billed at the following rates,Including time for
meetings,public meetings,and presentations:
Founding Principal $230.00/hour
Principal $210.00/hour
Associate Principal $180.00/hour
Senior:Designer 3,Architect 3,Planner 3,Historian 3,and Conservator 3 $160.001hour
Architect 3,Planner 3, Historian 3,and Conservator 3 $140.00/hour
Architect 2,Planner 2, Historian 2,and Conservator 2 $125.00 to$140.00/hour
Planner 1.Historian 1,and Conservator 1 $100.00 to$115.00/hour
Designer,Technical Staff and Intern $100.DO.to$125.00/hour
Administrative Staff $85.00/hour
2. Reimbursable Expenses shall be billed at cost plus 15%and shall include the following:
a. Reproduction costs such as printing or duplication of drawings,specifications,
written reports,and cost estimates,etc_
b. Lodging,subsistence,and out-of-pocket expenses for authorized travel in
connection with work.
c. Travel:(including local)IRS allowable rate plus tolls and parking.
d. Data: Long distance telephone/telegraph/telex/fax charges/database access
charges,etc.
e. Cost of models,special renderings,photography,special process printing,special
printed reports or publications and maps.
f. Computer time for drafting is included in our standard billing rates. Computer time
and labor time for plotting and trimming of drawings for formal submittals and
Owner's use,as well as packaging electronic files for Owner or Contractor use,will
be charged at$18 per plot or plot file.
g. Postage and delivery charges.
h. Professional consultants retained with client approval.
i. Specialized equipment rental(required by the project).
3. Rates effective January 1,2014 through December 31,2014.
4. Rates shall increase 5%each year until the project is completed.
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 famishing 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
emp oyer 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 §18'61).
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.
Architectural es urces roup, Inc. Date: 7 � !�
By:
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