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AGREEMENT TO FURNISH CONSULTANT SERVICES
This Agreement is made and entered into this 5th day of August, 2003 by and between
the City of Redlands, a municipal corporation (hereinafter "City") and Higginson-Cartozian
Architects, Inc.hereinafter ("Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth,
City and Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant and Consultant hereby accepts the engagement, to
prepare architectural drawings including mechanical, electrical and structural engineering
(the "Services") for the City's proposed expansion of its Community Center and Senior
Center located at 111 W. Lugonia Avenue, Redlands, California(the "Project").
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 specific 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 rules., laws and
regulations in the performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to
the performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
property as required by Consultant to perform the Services.
3,3 City designates Denny Sattler to act as its representative with respect to the Services to be
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performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a dili(Tent manner for a period of time not to
exceed two hundred forty-one (241) days from August 5, 2003.
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$22,400.00. Payments shall be made to Consultant in accordance with the schedule as
described in Exhibit "A."
5.2 Consultant shall bill City within ten days following the close of each month by submitting
an invoice 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 30 days after receipt and approval
of Consultant's invoice, by warrant payable to Consultant.
5.3 All contractual 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 Consultant
Denny Sattler David Higginson, AIA& CEO
Community Services Supt. Higginson+Cartozian Architects, Inc.
PO Box 3005 1 7 East State Street
Redlands, CA 92373
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 paragraph.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Consultant for the
duration of this Project and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by the City. Consultant shall not perform any Services
pursuant to this Agreement unless and until all required insurance listed below is obtained bN,-
Consultant. Consultant shall provide City with Certificates of Insurance and endorsements
evidencing such insurance prior to commencement of work. All insurance policies shall include
a provision prohibiting cancellation of the policy except upon thirty (_3)0) days prior-written notice
to City.
6.2 Workers' Compensation and Employer's Liabilitv
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which
meet statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against 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 officers, agents and employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and
maintain in force throughout the duration 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. Consultant shall obtain an endorsement that
City shall be named as an additional insured.
6.4 Professional Liabilitv Insurance. Consultant, shall secure and maintain
professional liability insurance throughout the duration of this Agreement in the amount of one
million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual
aggregate.
6.5 Business Auto Liabilitv Insurance. Consultant shall have business auto liability
coverage, with minimum limits of I million ($1,0001.000) per occurrence, combined single limit
for bodily injury liability and property damage liability. This coverage shall include all
consultant oN&med vehicles used on the project, 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
subletting or assigning any of the services covered by this Agreement without the express written
consent of City. In the event of mutual agreement between parties to sublet a portion of the
Services, the Consultant will add the subcontractor as an additional insured and provide City
with the insurance endorsements prior to any work being performed by the subcontractor.
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, political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement; 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.
ARTICLE 7 - GENERAL CONSIDERATIONS
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 shall not assign any of the Services required by this Agreement, except with
the prior -written approval of City and in strict compliance with the terms. provi isions and
conditions of this Agreement.
7.3 Consultant's key personnel for the Project is Dave Higginson. Consultant agrees that Mr.
Higginson shall be made available and assigned to the Project and that she shall not be
replaced without concurrence from City.
7.4 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 said above described documents, shall become the property of City
and shall be delivered to City upon completion of the Services, or upon the request of
Citv. Any reuse of such documents and any use of incomplete documents will be at
City's sole risk.
7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the consulting services 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 on behalf of City.
7.6 Unless earlier terminated, as provided for below. this Agreement shall terminate upon
completion and acceptance by City of the Services.
/:7 This Agreement may be terminated by the City, without cause, by providing five (5) days
prior -written notice to the Consultant (delivered by certified mail, return receipt
4
requested) of intent to terminate.
7.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
7.9 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.
7.10 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all
services affected, and (2) 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 required by this
Agreement.
7.11 Consultant shall maintain books and accounts of all Project related payroll costs and all
expenses. Such books shall be available at all reasonable times for examination by the
City at the office of Consultant.
7.12 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, proposals or oral arguments are superseded by this
Agreement. Any amendment to this Agreement shall be in writing, approved by the City
Council of City and signed by City and Consultant.
7.13 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
City of Redlands HIGGINSON-+-CARTOZIANT
Bv: Bv I rMMMUN-Aft"
KARL N. HAWS David Higginson.
Mavor Chief Executive Offic
Attest:
C'T'Clerk, CiiY"96Ndlands
5
h I g g inson + cartozian arch itectsf inc.
a r c h i t ecture -*.- planning -:• design
David Higginson, Architect, C.E.O.
Darryl K. CartoZian. C.F.O.
June 18, 2003
City of Redlands
P.O. Box 3005
Redlands, California 92373
Attention'. Mr. Denny Sattler
Community Services Superintendent
Re: Proposal for Architectural Services
Redlands Community Center and Senior Center Expansion
Dear Mr. Sattler:
Higginson+Cartozian Architects, Inc. appreciates the opportunity to be invited to submit a
proposal for the City's proposed Community Center and Senior Center Expansion.
In order to keep the proposal as concise as possible the following information follows the City's
submittal criteria identified on Page 2 of the Request for Proposai.
Cost Estimate for Services:
Design Phase: $ 3,360.00 (15%)
Construction Documents 50% complete: $ 5,600.00 (25%)
Construction Documents 100% complete.- $ 5,600.00 (25%)
City Approval Complete: $ 2,240.00 (10%)
Construction Bid Awarded: $ 1,120.00 (05%)
Construction 50% Complete: $ 2,240.00 (10%)
Construction 100% Complete- S 1240.00 (10%)
Total Not to Exceed Fee: $22,400.00 (100%)
Fee includes all architectural drawings 'Including mechanical engineering, electrical
engineering and structural engineering. Fees assume existing plans are available showing
existing as-built conditions.
Fee does not include printing of bid documents, plan check fees. permit fees. investigative
testing, hazardous material testing andlor reports, soils reports, geologic reports.
EXHIBIT "At'
_,1271 East state strut • Reolanas, CA 923`3 ■ Phone: (009) 793-3,100 ■ Fax: 09) r 93-3 40
h i g g ins on + c art o z i an arch it e c t s, in c.
architecture planning design
David Higginson, Architect, C.E.O.
Darryl K. Cartozian, C.F.O.
Estimated Time Schedule:
(Times based on formal contract being executed)
Design Phase: 21 Days
Construction Documents 50% complete- 35 Days
Construction Documents 100% complete.- 35 Days
City Approval Complete- 30 Days
Construction Bid Awarded- 30 Days
Construction 50% Complete: 45 Days
Construction 100% Complete: 45 Days
Total Estimated Time Frame: 241 Days
Time frames do not include unknown review processes for compliance with CDBG or other
agencies.
Project Manager:
This project will be managed by David Higginson, AIA and CEO of Higginson+Cartozian
Architects. Mr. Higginson's resume is as follows:
Mr. David Higginson is a Principal and partner in the firm of HCA, Inc. Graduating from the
Phoenix Institute of Technology, he holds a degree in Architectural Technology & Construction
Administration. He also attended Valley and Grafton Hills College. A licensed Architect in the
state of California and he is a member of the Coalition of Adequate School Housing (CASH)
and the American Institute of Architects.
Prior to forming HCA Inc. David Higginson was a principal Architect with the firm of PCH
Architects in Redlands, California. He has personally managed projects ranging in scope from
relocatable classrooms to multi-million dollar school facilities.
As a Principal Architect in the firm, Mr. Higginson maintains a strong role in developing client
relations. He is responsible for coordinating and overseeing numerous city and county related
projects . He also remains active in the overall coordination and development of each project
from design through construction.
127, East State Street ■ Reclands, CA 92373 ■ Phone: 4909) 793-3100 ■ Fax: (009) 793-3140