Loading...
HomeMy WebLinkAboutContracts & Agreements_28-2006_CCv0001.pdf AGREEMENTT TO FURNISH CONSULTING SERVICES FOR DESIGN OF ADA CIVIC CENTER PROJECT This Agreement is made and entered into this 7th day of February,2006 by and between the City of Redlands, a municipal corporation (hereinafter "City") and BOA Architecture, hereinafter ("Consultant"). In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE OF CONSULTANT 1.1 City hereby engages Consultant to perform engineering services and develop construction and design plans relating to City's Civic Center facilities (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 similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit"A" which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including,but not limited to, all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et seq., and non- discrimination laws including the Americans with Disabilities Act and the Fair Employment and Housing Act. 2.3 Consultant understands that if it violates the provisions of the Labor Code relating to prevailing wage, that City may enforce the Labor Code by notice of the withholding of contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726, 1727 and 1771.6. 2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the Services, that Consultant shall comply with Labor Code sections 1775 and 1777.7 by providingthe subcontractor with copies of the provisions of Sections 1771, 1775. 1776, 1777.5. 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay W prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. ARTICLE 3 - RESPONSIBILITIES OF,CITY 3.1 City shall make available to Consultant information in City's possession that is relevant to the performance of Consultant's Services. 3 -owned property to perform the .2 City will make provision for Consultant to enter upon City Services. 3.3 City designates Bill Hernsley to act as its representative with respect to the Services to be performed under this Agreement. DJM, \Agreements\,ADA Civic Center.�vpd Page I of 5 ARTICLE 4 - PERIOD OF.SMICE 4.1 Consultant shall perform the Services in a prompt and diligent manner. The Services shall be commenced on February 7th, 2006 and shall be completed with the final plans and specifications for the project delivered to the City by June 5th, 2006. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of$45,000-00 in accordance with its proposal dated December 8th, 2005 which is attached hereto as Exhibit"B" and incorporated herein by this reference. 5.2 Within ten(10) days following the end of each month Consultant shall submit an invoice to City indicating the portion of the Services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Consultant shall be made within thirty(30) days after receipt and I I approval of Consultant's invoice,by warrant payable to Consultant. 5.3 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 shall be addressed as follows: Citv Consult ii-11 Hemslev Edward Lok Ng BOA Architecture City of Redlands 279 West Seventh Street Public Works Department San Pedro, CA 90731 PO Box 3005 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. ARTICLE 6 - INSURANCE AND INDEMNIFICATI 6.1 Consultant's Insurance to be Prim All insurance required by this Agreement shall be maintained by Consultant during its performance of the Services and shall be primary with respect to City and non- contributing to any insurance or self-insurance maintained by City. Consultant shall not commence the Services unless and until all required insurance listed below is obtained by Consultant and Certificates of Insurance and endorsements evidencing such insurance are presented to City. All insurance policies shall include a provision prohibiting cancellation, except upon thirty (30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout its performance of the Services in amounts which meet I statutory requirements with an insurance carrier acceptable to City. DJM1,Agreements\ADA civic Center.wpd Page 2 of 5 B. Consultant expressly waives all rights to subrogation against City, its elected officials and employees for losses arising from work performed ed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees. zn indemnify-, defend and hold harmless provided Consultant agrees that its obligation to for in this Agreement extends to any claim brought by or in behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This section shall not apply to any damage resulting from the sole negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Com rehensive General Liability Insurance. Consultant shall secure and maintain in force throughout its performance of the Services 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout its performance of the Services in the amount of one million dollars {$1,000,000)per occurrence and two million dollars ($2,000,000) annual aggregate. have business auto liability coverage, 6.5 Insurance. Consultant shall h 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 its performance of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall , obtain an endorsement that City shall be named as an additional insured. 6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from assigning any of the Services without the prior written consent of City. In the event of mutual agreement between the parties to sublet or assign a portion of the Services, Consultant shall add the assignee as an additional insured to Consultant's insurance policies and provide City with insurance endorsements prior to any Services being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6,7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, or political subdivision arising out of or in connection with Consultant's negligent andJor intentionally wrongful acts or omissions in performing the Services; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. a- WWAgreements'ADA civic center.wpd Page 3 of 5 a ............... ARTICLE 7 -GENERAL CONSIDERATION 7.1 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. 7.2 Consultant's key personnel for the Project are: Edward Lok Ng AND Glenn K. Dea. Consultant agrees that these key people shall be made available and assigned to perform the Services and that they shall not be replaced without concurrence from City. 7.3 All documents, records, drawings, designs, cost estimates, electronic data files, databases and other documents developed by Consultant pursuant to this Agreement 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 will be at City's sole risk. 7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services described in this Agreement. All personnel employed by Consultant are 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 in behalf of City. Z71 - - provided for below,this Agreement shall terminate upon 7.4 Unless earlier terminated, as completion and acceptance of the Services by City. 7,5 This Agreement may be terminated by City, without cause,by providing five (5) days prior written notice to Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made,but no amount shall be allowed for anticipated profit or unperformed Services, and 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. 7.7 Upon receipt of a termination notice, Consultant shall immediately discontinue all Services, and deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of any 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 work completed up until notice of termination. 7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in performing the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.9 This Agreement, including the attachments 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 agreements with regard to the subject matter hereof between City and Consultant are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City Council of City and signed by City and Consultant. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. DATIAgreementsADA Civic Center."pd Nee 4 of 5 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. City of Redlands By: By: JON RRISO EDWARD LOK NG M or President ATTEST: City Cl ip, City of, Mods DJ IiAgree tints\ADA Civic Center.wpd Page 5 of 5 k a .q i EXIIIBIT 'A' SCOPE OF SERVICES The overall objective is to upgrade, modify and improve current City facilities such as public service counters, door openings, walkways etc, to meet current ADA requirements. The following is a list of parameters for the project: 1. Civic Center Common Area and paths of travel connecting the key Provide construction plans for accessible routes, lex facilities within the Civic Center complex. Areas within the Civic Center comp include the general parking areas (both the underground and above ground parking structures), the removal and replacement of non-compliant with compliant stairway handrails. 2. Provide design plans for the construction of the following: a. Civic Center Parking Structure i. The construction of a compliant pedestrian ramp connecting the top parking deck to the public sidewalk at the northwest comer of the structure. ii. Re-striping of the above/underground parking spaces (including top deck of aboveground parking structure) to allow for accessible parking spaces and one van accessible space. iii. Removal and replacement of compliant stairway handrails, including the application of compliant striping to stair treads. iv. Provide a smooth wall texture surface adjacent and parallel to the new wall mounted handrail. b,City Hall (Stairways): i. A permanent or portable compliant pedestrian ramp up to the raised council chamber platform. ii. The removal and replacement of a compliant handrail at the interior northerly and southerly stairs, with compliant contrast striping to the nose of the top and intermediate landings and bottom tread of each interior stair run. iii. The removal and replacement of the handrail at the exterior main entrance stairway, and apply compliant contrast striping on the nose of each tread of the exterior stairway. c. City Hall(Drinking Fountains) i. Removal and replacement or improvement of the existing water fountain to allow for a 'high/low' drinking fountain within a compliant alcove. d.City Hall (Exterior Doors and Entrances) i. Application of smooth 10" high metal plates across the bottom of the"push" side of each exterior entrance door. estimate on the installation of ii Provide the City with an alternate plan and cost e power assisted opening devices for the main entrance doors. e. City Hall (Interior Doors and Entrances) i, Application of smooth IU' high metal plates across the bottom of the"push" side of each exterior entrance door. f City Hall (Counter Tops) i. Lowering service counters on the first floor and at Suite 200 reception areas. g.City Hall (Seating and Tables) i. The provision of knee clearances at tables used by the public within the Council Chambers. h.Civic Center—Public Works Department (Stairways) i. Modification of the North stairway by removing the existing handrails and installing compliant handrails. of each exterior tread, and ii. Application of compliant contrast striping to the nose the application of appropriate material to enclose the open risers and eliminate the projected stair nosing. i. Civic Center—Community Development(Exterior Doors and Entrances) i. Application of a smooth 10" high metal plate across the bottom of the "push" side of each exterior entrance door. j, Civic Center—Building and Safety/Community Development Department(Corridors) i. Modification of the Planning and Building and Safety Department's public service counter to provide a compliant path of travel into the first floor conference room. k.Civic Center—Building and Safety/Community Development Department(Counter Tops) i. Lowering portions of the existing public service counters in the Building and Safety and Finance Departments. 1. Civic Center—Municipal Utilities Department(Pedestrian Ramps) i. The removal and replacement of non-compliant ramps. in. Civic Center—Municipal Utilities Department (Drinking Fountains) i, Removal of the existing drinking fountain and install a new "high/low" fountain in a compliant alcove. n.Civic Center—Municipal Utilities Department (Exterior Doors and Entrances) i. Provide electro-hydraulic 'push-button' mechanism to public entrance of Municipal Utilities Department o.Civic Center—Fire Department (Interior Doors and Entrances) i. Provide a compliant gate width in the Fire Department O Orm rm ie EXHIBIT V FIXED FEE PROPOSAL-Redlands Civic Center ADA Improvements to$500,000t date:Dec. 8,2005 Construction Cost Estimate: $450, BOA Architecture Job 4 05- prepared by:BOA for Bill Hernsley&Enc Weck Coal TOTAL HOURS UNIT HR RATE PRE-DESIGN 6 hrs 120 720 kick-off meeting,site visit to site 6 hrs 120 720 search for City dwgs.photos,site analysis 4 hrs 120 480 project management 10 hrs 78 780 CARD-as-built dwgs,site and floor plan only 1,500 as-built measurements of every condition,2 person team 500 photo documentation of every condition I SCHEMATIC DESIGN 10 hrs 120 1,200 site plan design w 2 design options 6 hrs 120 720 floor plan design-with 2 options fir Council Chambers 16 hrs 78 1,248 CADD 8 hrs 120 960 project management 6 hrs 120 720 construction cost estimate 12 hrs 120 1,440 meetings with Client 3 hrs 78 234 6,522 compile Client submittal at 30% CONSTRUCTION DOCUMENTS 30 hrs 78 2,340 sheet30x42 title sheet,notes,plot plan w quantities 30 hrs 78 2,340 sheet 30x42 sitework 30 hrs 78 2,340 sheet 30x42 sitework-enlarged dwgs. 30 hrs 78 2,340 sheet 30x42 floor/demolition plans 30 hrs 78 2,340 sheet 30x42 stair floor/demolition plans 30 hrs 78 2,340 sheet 30x42 ramps floor/demolition plans 20 hrs 78 1,560 sheet 30x42 details 10 hrs 78 780 sheet 30x42 details 10 hrs 78 780 sheet 30x42 details 40 hrs 120 4,800 project management 16 hrs 120 1,920 client meetings 8 hrs 120 960 specifications in CSI format 6 hrs 120 720 construction cost estimate 10 hrs 120 1,200 client bldg dept dept submittal at 70%, 100% 30 hrs 78 2,340 client/bldg dept dept corrections to comments 29,100 BIDDING-Not in Contract 0 hrs 100 0 addendums,clarifications,pre-bid meeting 0 CONSTRUCTION ADMINISTRATION-Invoice on As-Needed basis allowance of 1,800 site meetings,RFI and punchlist 1,800 CONSULTANTS and EXPENSES 2,000 structural 600 topographic survey 0 mechanical/plumbing 0 electrical 278 expenses for blueprints,photocopies,mailing 2,878 TOTAL 417 hrs 5, 0 NOTES AND RESTRICTIONS I.Scope of Work will be to retrofit the City Council dais&City Halt men/women restrooms for ADA Compliance. 2_The City will provide as many as-built drawings as possible,BOA to do measurements at every condition. 3_BOA will not attend any City Council or public meetings. 5_Client will be responsible for procurement of an asbestos/environmental report if required.. 6_Client will provide all printing for bidding and construction phases. 7 BOA will provide blueprints,photos for submittals to City. 8.The City will provide accurate topographic survey of all impacted areas.