HomeMy WebLinkAboutContracts & Agreements_1-1996_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
ADAPTIVE REUSE OF 168 S. EUREKA STREET
REDLANDS, CALIFORNIA
This Agreement is made and entered into as of this 2nd day of January 1996
by and between the City of Redlands,a municipal corporation, (hereinafter"Owner")and Cole and
Frick Architects, A.I.A., (hereinafter "Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties
do hereby agree as follows:
ARTICLE 1 -ENGAGEMENT OF CONSULTANT
1.1 Owner hereby engages Consultant and Consultant hereby accepts the engagement to prepare
and design architectural plans (the "Architectural Services ) for the Adaptive Reuse of 168
S. Eureka Street,located at 168 S. Eureka Street,Redlands California, 92373 (the "Project").
1.2 All work under this Agreement shall be done in a professional manner, and Consultant
represents that it is skilled in the profession and has the professional expertise necessary to
provide high quality Architectural Services under this Agreement.
1.3 Consultant shall perform the Architectural Services at the level of competency presently
maintained by other practicing professional architects performing the same type of work,
and in a manner that reflects technical soundness, accuracy and adequacy for all studies,
designs, drawings, specifications, and other work and materials furnished under this
Agreement.
ARTICLE 2-SERVICES OF CONSULTANT
2.1 Consultant shall perform the Architectural Services for the Project as more fully described
in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this
reference.
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AR-- T- LE 3 - RESPONSIBILITIES OF O�x IER
3.1 Owner shall place at the disposal of Consultant all information possessed by Owner that is
Pertinent to the Project, including previous reports and any other data relative to the Project
3.2 Owner shall provide access to and make all provisions for Consultant to enter upon
and private lands as required by Consultant to perform the services re p public
Agreement. required by this
3.3 Owner shall designate in writing a person to act as Owner's representative with respect to t
work to be performed under this Agreement. Such person shall have complete authority the
transmit instructions,receive information,interpret and define Owner's policies acid decisio
with respect to materials, equipment,elements and systems pertinent to the work covered b s
this Agreement. y
ARTICLE 4 -PERIOD OF �FuyTrn
� L
4.1 Consultant shall perform the Architectural Services in accordance with the schedul
attached hereto as Exhibit "B" and incorporated herein by this reference. e
4.2 Consultant shall proceed with the Architectural Services promptly upon receivin written
notice from Owner, and shall prosecute them diligently to completion. g
ARTICLE 5 -PAYMENTS T ON ULTANT
5.1 For the Architectural Services performed pursuant to this Agreement, Owner shall pay
Consultant on a time and materials at the rates set forth in the attached Exhibit "C" which is
incorporated herein by this reference;provided,however,that in no event shall payment for
the Architectural Services exceed $34,265.00.
5.2 Consultant shall bill Owner within ten days following the close of each month by submitting
an invoice indicating the work performed, who performed the work, and the detailed cost of
all work including backup material, as requested.
Payments by Owner to Consultant shall be made within 30 days after receipt and approval
of Consultant's invoice, by warrant payable to Consultant.
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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;
Owner: City of Redlands
Administrative Services Department
P. O. Box 3005
Redlands, CA 92373
Consultant: Cole and Frick Architects
4195 Chestnut Street
Riverside, CA 92501
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 6.,- GENERAL CONSIDERATIONS
6.1 In the event of any legal action brought by either party against the other to enforce any of the
obligations hereunder or arising out of any dispute concerning the terms and conditions
hereby created, the losing party shall pay the prevailing
fees, costs, and expenses, including attorney's fees, as maybe set by the Court. is for
6.2 Consultant shall not subcontract or assign any of the Architectural Services except with the
prior written approval of Owner. Any attempted subcontract or assignment without such
consent shall be null and void and of no effect and, at owner's election, result in the
immediate termination of this Agreement.
6.3 The key Consultant's personnel proposed for the Project are as follows.
Mr. Richard P. Frick, Architect
Consultant agrees that this key person will be made available and assigned to Owner's
Project, and that he will not be replaced without concurrence from owner.
64 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 Owner and sell be delivered to Owner at Owner's request. Any reuse of such
documents for other projects and any use of incomplete documents will be at Owner's sole
risk.
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6.5 Consultant is for all purposes under this Agreement an independent contractor and not an
employee of Owner. 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 it be deemed to have been employed
by Owner or engaged by Owner for the account of or on behalf of Owner.
6.6 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance by Owner of the Architectural Services.
6.7 This Agreement may be terminated by Owner, without cause, upon thirty (30) days prior
written notice, delivered by certified mail, return receipt requested. Consultant may
terminate this Agreement upon thirty (30) days prior written notice, delivered by certified
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mail,return receipt requested,in the event of failure by Owner to fulfill its obligations under
this Agreement.
6.8 If this Agreement is terminated by Owner, 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 to Consultant at the time of termination may be adjusted to the
extent of any additional costs to Owner occasioned by any default of Consultant.
6.9 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services,
and (2) deliver or otherwise make available to Owner, 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 the Architectural
Services.
6.10 Consultant shall maintain books and accounts of all Project related payroll costs and
expenses. Books shall be available at all reasonable times for examination by Owner at the
office of Consultant.
6.11 This Agreement, including the Exhibits incorporated herein,represents the entire agreement
and understanding between the parties as to the matters contained herein- and any prior
negotiations, proposals or oral agreements are integrated herein and superseded by this
written Agreement. Any supplement or amendment to this Agreement to be effective shall
be in-writing and signed by Owner and Consultant,
6.12 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 parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS COLE AND FRICK, ARCHITECTS
By
Mayor Principal Architect Richard P. Frick
Date January 2, 1996 Date January 3, 1996
ATTEST:
By
City Ierk r r
Date_ .3anu���r 2, 1996
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a
EXHIBIT "A"
SCOPE OF SERVICES
Consultant services to include the design and plan specifications for 168 S. Eureka Street adaptive
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reuse project. located at 168 S. Eureka Street, in the City of Redlands.
Scope of Services shall include:
1• Preparation of plans and specifications including cost estimates to include the
following:
a• Schematics
b. Preliminaries
c. Construction Documents
d• Construction Administration
2. Preparation of hazardous material survey and specifications.
3• Preparation of demolition plans and specifications for garage.
4. Cost estimate for energy/utility usage.
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6
EXHIBIT "C"
COSTS FOR SERVICES
For the services performed pursuant to this Agreement, Owner shall Pay Consultant the following:
PHASE TO BE PAID
Schematics $4,780.00
Preliminaries $3,187.00
Construction Documents $17,526.00
Construction Administration $6,372.00
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Subtotal: $31,865.00
Hazardous Material Survey and
Specifications $1,400.00
Demolition Plans and Specifications
for Garage is Included in Item#2 0
Cost Estimate for Energy/Utility Usage $1,000.00
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Grand Total: $34,265.00
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