HomeMy WebLinkAboutContracts & Agreements_130-2008_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES
This agreement for professional services("Agreement") is made and entered into this 14th
day of August, 2008 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Carrier Johnson + Culture ("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:
&ULCLE I - ENg&UMENJ 0EMNSILIANI
1.1 City hereby engages Consultant to perform a one-day preliminary cost study review
services in connection with the City's Police Department project (the "Services"). The
specific Services which Consultant shall perform are more particularly described in
Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated
herein by this reference.
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.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of its obligations under this Agreement including, but not limited to,
the Americans with Disabilities Act and the Fair Employment and Housing Act.
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2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services; and provide Consultant with reasonable access to
City-owned property.
ARTICLE 3 -PAXMENI AND NQTICE
3.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of One Thousand One Hundred Seventy Dollars ($1,170). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, based upon the
rates shown in Exhibit"B,"entitled"Hourly Rate Schedule."
3.2 Consultant shall submit an invoice to City upon conclusion of the Services describing the
work performed. Consultant's invoice shall include a brief description of the Services
performed, the date the Services were performed, the number of hours spent and by
whom, and a description of reimbursable expenses, if any. City shall pay Consultant no
later than thirty (30) days after receipt and approval by City of Consultant's invoice,
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provided (1) the Services reflected in the invoice were performed to the reasonable
satisfaction of City in accordance with the terms of this Agreement, and (2) that all
expenses, rates and other information set forth in the invoice are consistent with the terms
and conditions of the Agreement.
3.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
mail should be addressed as follows:
City: Tina Kundig, Finance Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Consultant: John Beck, Architect
Carrier Johnson +Culture
275 B McCormick Avenue
Costa Mesa, CA 92626
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 who notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 4 - INSILILANCE,AND INDEMNIFICATION
4.1 All 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 all 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. All insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
4.2 Workers Compensation and Employer's Liability.
Consultant shall secure and maintain Workers Compensation and Employer's Liability
insurance throughout the duration of this Agreement in accordance with the laws of the
State of California, with an insurance carrier acceptable to City.
4.3 Hold Harmless and Indemnification. 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 Consultant's and its officers', employees'
and agents' sole negligent acts or omissions in performing the Services.
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4.4 Assignment. Consultant is expressly prohibited from assigning any of the Services
without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Consultant shall add the assignee as an
additional insured and provide City with the insurance endorsements required by this
Agreement prior to the performance of any Services by the assignee. Assignment does
not include printing or other customary reimbursable expenses that may be provided for
in this Agreement.
4.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement 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. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
4.6 Professional Liability Insurance. 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.
4.7 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, 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
Consultant's provision of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional
insured.
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5.1 Consultant covenants and represents that it does not have any investment or interest in
real property and shall not acquire any interest, direct or indirect, that is subject of this
Agreement or any other source of income, interest in real property or investment which
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.
5.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
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(i) the making or any governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting 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) granting City approval to a plan, design, report, study or similar item;
(vi) Adopting, or granting 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 all 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.
5.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE _ERAL
_6- GEN — !CQ_NSIDER_AJION_S
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 the recovery of its reasonable attorneys' fees, including fees for use
of in-house counsel by a Party
6.2 Consultant shall not assign any of the Services to be performed under this Agreement,
except with the prior written approval of City and in strict compliance with the terms,
provisions and conditions of this Agreement.
6.3 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.
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6.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. 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 on behalf of City.
6.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
6.6 This Agreement may be terminated by City, in its sole discretion and without cause, by
providing five (5) business days' prior written notice to Consultant (delivered by certified
mail, return receipt requested) of intent to terminate.
6.7 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.
6.8 Upon receipt of a termination notice, Consultant shall immediately discontinue all
services affected, and within five (5) days of the date of the termination notice, deliver of
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 required by this Agreement. Consultant shall be
compensated on a pro-rata basis for work completed up until notice of termination.
6.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
6.10 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. Any amendment to this Agreement shall be in
writing, approved by City and signed by City and Consultant.
6.11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS
ATTEST:
BY:
Tina Kundig, Finance Directoe---�'
CARRIER JOHNSHON+CULTURE
John Beck, Architect
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EXHIBIT "A" carnerio nson + CULTUR3
Scope of Services
CITY OF REDLANDS
35 Cajon Street, suite 15A
Redlands CA 92373-1505
It is our pleasure to take this opportunity to present our proposal to provide The City of Redlands
Preliminary Cost Study Review Services for the Redlands Police Department project. We have
developed this proposal based on the following scope of services:
SCOPE OF SERVICES/ASSUMPTIONS
1 day study of cost scenarios for; Existing Safety Hall, 1209 Nevada, 1030 Nevada,and Redlands
Spectrum. The intent is to provide outside peer review of cost estimates prepared by Redlands
City staff and approach to assessing cost/value impact of extensive remodelling versus new
tenant improvement.
PROJECT SCHEDULE
August 14, 2008.
COMPENSATION
Hourly not to exceed 6hrs total = $1,170.00
Danette Ferretti - 3 hrs @ 220/hr = $660.00
John Beck - 3 hrs @ 170/hr= $510.00
eCITY OF REDLANDS t REDLANDS PD- hourly fee proposal
EXHIBIT "B" carrierjohnson + cuawu
Hourly Rate Schedule
ARCHITECTURE/ENVIRONMENTAL DESIGN I PLANNING
EFFECTIVE MAY 31,2008
HOURLY
BILLING
TITLE RATE
Design Principal $ 325.00
Principal $240.00
Associate Principal $ 220.00
Sr. Proj, Manager $ 200.00
Sr. Proj. Designer/Sr. Proj. Architect Sr. Interior Designer $ 190.00
Project Manager/Project Architect $ 170.00
Project Designer I Interior Designer $ 135.00
Designer $ 115.00
Jr. Designer/Technical Support $ 95.00
Intern/Administrative Support $ 70.00
1. Consultants are billed with a 20% mark-up to cover additional time associated with
coordinating their services.
2. Actual out-of-pocket expenses for travel, reproduction, photography, messenger, etc.
are billed with a 15% mark-up to cover the administrative costs of handling these
items. Direct billing to client accounts is another viable option.
3. Billing Rates are subject to revision every six months.
4. Expert Witness Rates available upon request.
CITY OF REDLANDS i REDLANDSPD- hourly fee proposal