HomeMy WebLinkAboutContracts & Agreements_134-2001_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
DESIGN OF IMPROVEMENTS FOR
MISSION GABLES BOWL HOUSE
This Agreement is made and entered into this 4"day of September 2001,by and between the
City of Redlands, a municipal corporation ("City") and Claremont Environmental Design Group,
Inc. ("Consultant").
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 perform architectural and landscape architectural/
engineering design services including construction administration for adaptive re-
use/restoration of the historic Mission Gables Bowl House located at 168 Eureka Street,
Redlands,California,which is more particularly described in Exhibit"A"attached hereto and
incorporated herein by this reference (the "Services"), in connection with the re-use and
restoration of the Mission Gables Bowl House(the "Project").
1.2 All work performed by Consultant under this Agreement shall be done in a professional
manner, and Consultant represents that it is skilled and has the professional expertise
necessary to provide high quality Services to City.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall place at the disposal of Consultant all available information in its possession
pertinent to the Project.
2.2 City will provide access to and make all provisions for Consultant to enter upon property as
required by Consultant to perform the Services under this Agreement.
2.3 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.
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ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT
3.1 Consultant shall perform the Services promptly and shall prosecute them diligently in
accordance with the schedule attached hereto and incorporated herein as Exhibit "B."
ARTICLE 4 -PAYMENTS TO CONSULTANT
4.1 A. For the performance of the Services, City will pay Consultant on a time and materials
basis, and, in any event, a fee not to exceed $104,600 which is itemized as follows:
Architecture
Design 24,500.00
Construction Documents 27,000.00
Construction Administration 19,500.00
Total Architectural 71,000.00
Structural Engineering 7,000.00
Civil Engineering 7,050.00
Mechanical&Plumbing Engineering 9,200.00
Electrical Engineering 10,350.00
Total A/E Fee $104,600.00
Fee does not include any reimbursables that may occur through the project.
B. Progress payments in each phase shall total the following percentages of the total
stipulated sum payable as follows:
Design Phase: $36,091.00 (percent 34.5%)
Construction Document Phase: $39,768.00(percent 38.0%)
Construction Phase: $28,740.00 (percent 27.5%)
Total Basic Compensation $104,600.00 percent (100%)
4.2 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:
V--.#7-PLOTTER\#7-JOBS\jOBS\,MISSIONGABLESiCONSLT AGREEMENT 090101DAT 2
City Ronald C. Mutter, Director
City of Redlands
Public Works Department
P.O. Box 3005
Redlands, CA 92373
Consultant Brooks Cavin, 111, AIA
Erik G. Peterson
Claremont Environmental Design Group Inc.
480 N. Indian Hill Blvd.
Claremont, CA 91711
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 may be 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.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 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 contract in the amount of one million($1,000,000)
per occurrence or an amount which meets the statutory requirement with an insurance
carrier acceptable to 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 the agreement.
B. Consultant expressly waives all rights to subrogation against the City, its officers,
employees and volunteers for losses arising from work performed 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 brought 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.
AGREEMENT 090101 DAT 3
5.2 Hold Harmless 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 officer, agents and
employees in performing the Engineering Services required by this Agreement.
5.3 Assignment. Consultant is expressly prohibited from subletting or assigning any of the
services covered by this Agreement without the express written consent of City. Assignment
does not include printing or other customary reimbursable expenses that may be provided in
this Agreement.
5.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the contract 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 the
insurance policy shall include a provision prohibiting cancellation of said policy except upon
thirty(30)days prior written notice to the City. Certificates of insurance shall be delivered
to City within fifteen(15) days of execution of this Agreement.
5.5 Professional Liability Insurance. Consultant, who is professionally certified by the State
shall have professional liability insurance in the amount of one million dollars($1,000,000)
with a minimum coverage of five hundred thousand dollars($500,000)per occurrence and
one million dollars ($1,000,000) aggregate throughout the term of this Agreement.
5.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of five hundred thousand($500,000)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.
ARTICLE 6 - GENERAL CONSIDERATIONS
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 recover its reasonable attorneys' fees.
6.2 Consultant shall not sublet or assign any of the Services to be performed under this
Agreement,except with the prior written approval of the City and in strict compliance with
the terms,provisions, and conditions of this Agreement.
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6.3 The Consultant's key personnel proposed for this project are as follows:
Brooks Cavin, 111, AIA
Erik G. Peterson
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 the City.
6.4 All documents, records, drawings, 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 at City's request. Any reuse of such
documents for other projects and any use of incomplete documents will be at City's sole risk-.
6.5 Consultant is for all purposes under this Agreement an independent contractor and not an
employee ofCity. All qualified 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 him be deemed to have been employed by City
or engaged by City for the account of or on behalf of City.
6.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Engineering Services.
6.7 Upon receipt of a termination notice, Consultant shall(1)promptly discontinue all services
and (2) deliver or otherwise make available to City, copies of data, design calculations,
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Consultant in performing this Agreement.
6.8 This Agreement,including the attachments incorporated herein by reference,represents the
entire agreement and understanding between the parties and any negotiations,proposals or
oral agreements are intended to be integrated herein and to be superseded by this written
Agreement.. Any supplement or amendment to this Agreement to be effective shall be in
writing and signed by City and Consultant.
6.9 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
1#7-PLOTTER#7-]OBS\JOBSiMISSIONGABLES},CONSLT AGREEMENT 09010LDAT 5
P�1 WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By
Mayor i y Jerk
Date September 19 , 2001
CLAREMONT ENVIRONMENTAL DESIGN GROUP, INC.
By f Date
11#7-PLO'fTERt#7-JOBWOBS ISSIONGABLES\CONSLT AGREEMENT 090101.DAT 6
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CLAREMONT ENVIRONMENTAL DESIGN GROUP,INC.
Architecture Landscape Architecture Planning
Brooks Cavin, III C-8764 Mark von Wodtke 1537
480 North Indian Hill Boulevard,Claremont,CA 91711
Phone 909-625-3916 FAX 909-625-4282
E-mail emailcedg-design.com
August 27, 2001
Exhibit"A"
AGREEMENT BETWEEN THE CITY OF REDLANDS and CLAREMONT ENVIRONMENTAL DESIGN
GROUP, INC.
Claremont Environmental Design Group, Inc. --herein referred to as the Architect--agrees to provide
architectural and landscape architectural services to the City of Redlands--herein referred to as the Owner-- in
order to help carry out the following project in accordance with the terms and conditions identified in this
contract.
PROJECT: Provide Construction Documents and provide construction administration for the Adaptive Reuse
and Rehabilitation of the historic Mission Gables boarding house including:
1. A new basement housing toilet room facilities to serve the Redlands Bowl.
2. A new handicap ramp to the basement.
3. Seismic retrofit of the entire structure.
4. Re-grading the property to eliminate ponding in the back yard.
5. The ground floor level remodel to accommodate a new board room, offices, kitchen, reception
room and ADA toilet room.
6. The second floor remodel to accommodate new rehearsal/practice room(s) and ADA toilet room.
7. Conversion of attic room into meeting room(if practical).
8. Replace the plumbing, electrical and mechanical systems.
9. A new back yard patio.
10. A tree planting plan.
11. The construction documents to allow for a(2) phased construction (phase I: basement).
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES:
(This is an elaboration on Article 2 of the attached AIA B151-1997 Contract Document)
NOTES:
1, Our fee is based on a new design. We will not be incorporating any of the existing design into our work.
In an effort to utilize as much of the original structure as possible, we will measure the building and drain
our own as-built's.
2. This fee does not include landscape architectural services, except a tree planting plan.
3. It is our understanding that the Redlands Department of Public Works shall design the storm drain and
sewer from 4' from the building.
4. After discussion with.the City of Redlands Building Department:
a. Only the floor frame above the basement need be seismically upgraded as part of phase 1.
b. Although the building will be insulated, it need not meet Title 24 energy standards as it is an
historic structure.
3. It is our understanding that there will be no parks vehicle or other equipment stored in the basement.
_�-1
,2 Design Phase
12.0 Pre-design
topographic survey
take measurements
analyze site including utilities
analyze existing facilities
develop as-built drawings
refine the program with the Owner
analyze program
research code requirements
assess feasibility
develop project budget
investigate planning issues
2.2.1 Program and Alternatives Exploration
The Architect shall review with the Owner alternative approaches to design and construction
of the Project.
2.3 Design Development Phase
develop concept
master plan site
develop schematic plans, sections, elevations
prepare preliminary cost estimate
meet with Owner
select materials
prepare outline specification
review with Owner
review project budget with the Owner
prepare submissions to city for planning review:
1. Site plan
2. Building plans
3. Exterior elevations
4. Exterior colors and materials
represent owner at city reviews
2.4 Construction Document Phase
2.4.1 Prepare Construction Documents including:
title sheet
site layout plan
grading plan
demo first and second floor plans
demo reflected ceiling plans (as required)
basement, first and second floor plans
basement, first and second floor reflected ceiling plans
exterior elevations
building sections and details
door, window, and finish schedules
interior elevations
roof plan
structural foundation and basement plan
l'floor framing plan
2'floor framing plan
roof framing plan
sections, details
structural notes and calculations
basement, first and second floor mechanical plans
mechanical notes
mechanical Title 24 calculations
first and second floor plumbing demo plans
basement, first and second floor plumbing plans
plumbing calculations
first and second floor demo electrical plans
basement first and second floor electrical plans
electrical notations on floor plans
architectural notes
revise and complete specifications
outdoor lighting plan
revise construction cost estimate
review with Owner
2.4.4 Governmental Reviews
(Plan check submission for building permit to be by Owner.)
make plan check revisions as required
2.6 Construction Administration Phase
2.6.1 Construction Administration
attend 26 job meetings (to be divided between the two phases)
observe construction at each job meeting and at crucial times
provide reports as required
process change orders(if necessary)
authorize payments
certify substantial completion of each phase (two total)
perform(1) punch list inspection for each phase (two total)
perform(1) final inspection for each phase(two total)
TERMS AIND CONDITIONS OF AGREEMENT:
The terms and conditions of this agreement are set forth in Articles I through 12 of the attached standard AIA
Document B151, Abbreviated Standard Form of Agreement Between Owner and Architect), 1997 edition.
LIMIT OF LIABILITY
The Architect's total liability related to the services provided shall be limited to the total compensation received
under this agreement.
REMODELING AND REHABILITATION
This project involves the remodeling and/or rehabilitation of an existing building. It is necessary to make
certain assumptions regarding existing conditions which cannot be verified without expending great sums of
additional money or destroying otherwise adequate or serviceable portions of the building. Consequently, the
Owner agrees that, except for negligence on the part of the Architect, the Owner will hold harmless and
indemnify the Architect from and against any and all claims, damages, awards, and costs of defense arising out
of the professional services provided under this agreement,
CLAx6w0NT ENVIRONMENTAL DESIGN GRDUPANC.
Arcxdechure Landscape Architecture Planning
Brooks Covin. U| C-8764 work von WudtKe 1537
*8ONorth Indian Hill Boulevard,Claremont,CA9/,1)
Phone 909'625'3916 FAX 909'625'4282
v/*^*zedg*esign.com emoi|4c*dg'design.com
June 1, 2001
Exhibit "A"
Billing Rates
Brooks Cavin, U|' AIA $105.00/hr.
Principal, Architect
Mark vonVVodtka' ASL4 $105.00/hr.
Principal, Landscape Architect
Erik G. Peterson,
Project Architect $85.00/hr.
Technical Staff $30.00 - $80.00/hr.
Structural Engineer $80.00 ' $100/hr
Electrical Engineering $8O.00 ' $110.00/hr.
Mechanical Engineering $60.00 $110.00/hr.
Reimbursable Expenses:
1. Out'of-tovxntransportation and living expenses authorized byOwner.
Job-related Au1o:$.31 per mile
2. Long distance cornnnuniuutions.
3. Package delivery, postage and handling ofDrawings and Specifications.
4. Reproductions.
Laser Prints/Acetates (81/2x11inch) $1.00each
Diazo Prints <24 x 36 inch) $2.00 each
Sepia Mylar (24x3Ginch) $4.00 each
Computer Plots (24 x 36 inch) $20.00 each
5. In-House Photography and video.
G. Renderings, rnqdm|a' photos requested byOwner.
7. Fees paid for securing approval nfauthorities having jurisdiction.
8. Expense ofovertime work requiring higher rates if authorized by Owner.
8. Expense ufany additional insurance requested by Qvvnar.
1O. Expense ofany additional consultants requested by Owner,
Terms:
Reimbursable expenses on other items shall be at 1.1 times cost to the architect. Invoices are
submitted monthly on work cnrnp|stad to date. A Finance Charge of 196 per nn»nth, which in on
annual percentage of 1296' will becharged mnaccounts due over 3Odays.
...............
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CLAREMONT ENVIRONMENTAL DESIGN GROUP, INC.
Architecture Landscape Architecture Planning
Brooks Cavin, III C-8764 Mark von Wodtke 1537
480 North Indian Hill Boulevard,Claremont,CA 91711
Phone 909-625-3916 FAX 909-625-4282
E-mail emaii4cedg-design.com
Exhibit"A"
August 27,2001
Alan Griffiths
Senior Engineer
City of Redlands
P.O. Box 3005
35 Cajon Street, Suite 222
Redlands CA, 92373
Subject:Architectural/Engineering Services for the Schematic Design and budget cost
estimate for the adaptive re-use and restoration of the historic Mission Gables boarding
house.
Dear Alan:
On Wednesday evening August 22, Brooks Cavin and I met with members of the Redlands
Conservancy and the Redlands Community Music Association. Prior to committing to the
full $104, 600 on an architectural contract,they would like to be assured that there is enough
money presently in the budget to complete phase I(a new basement housing toilet rooms for
those attending performances at the Redlands Bowl),
In order to more accurately estimate the cost for phase I,we proposed to:
I. provide as-built drawings
2. develop and refine the program
3. schematically design the entire project(including a tree planting plan)
4. write the Preliminary Project Description(includes materials&products)
5. define structural systems
6. define mechanical equipment, major duct locations,
7. define,size and locate electrical service,
8. define,size and locate sewer and storm drain laterals(by City of Redlands),
9. provide an in-house cost estimate for construction of phase I(sewer and storm
drain lateral installation cost estimate by the City of Redlands)
To accomplish this,we propose to complete the schematic design as outlined below;
(The OROW-ing lees assoriated with this work comeout of the proposed$104,600.00)
Architectural 14,000.00
Structural Engineering 2,000,00
Civil Engineering S 1,850.04
Mechanical & Plumbing Engineering S 1,840,00
Eltricl Engineering 2€117€1.1111
Total fee S 21,760}0es ,
In addition to the above services,we recommend the City of Redlands- re;an
independent cost estimator to provide a second opinion regarding the cost to construct of
phase 1. When the above portion of the work has been completed, the joint Redlands
Conservancy and the Redlands Community Music Association Committee will recommend
whether or not to go forward with the remainder of the contract. CEDG can begin design
work'ir ne €ately!upon receipt of a signed contract. We look forward to working with you
on a successful project. Ifyou have any questions,please call us;at 90 -625-3916.
Sincerely yours,
Erik G. Peterson
Project Architect,C.EDG, Mission-Gablesyes.
MISSION GABLES HOUSE
August 20, 2001
CEDG
PROJECT SCHEDULE:
Exhibit "B"
Pre-design
Phase
September 5, 2001 - September 14, 2001
Design Phase
,September 17, 2001 - November 9, 2001
Construction Document Phase
November 12, 2001 - February 1, 2002
RCMA & Redlands City Plan Check Phase
February 4, 2002 - March 29, 2002
Bidding and Negotiation & Contract Approval Phase
April 1, 2002 - May 17, 2002
Construction Phase
May 2, 2002 - December 13, 2002