HomeMy WebLinkAboutContracts & Agreements_113-2002_CCv0001.pdf CONSULTING SERVICES AGREEMENT
This Agreement is made and entered into this 16th day of July, 2002 ("Effective Date") by
and between the City of Redlands, a municipal corporation, hereinafter ("City") and RDK
Consulting, Inc. hereinafter("Consultant").
AGREEMENT
Section 1. Scope of Services. Consultant shall furnish to City project management and
library consulting, services relating to the City's development of a library plan of service and a
building program for the City and the A.K. Smiley Public Library tailored to meet the specific needs
of the City in connection with the possible construction of a"Northside Library," all in compliance
with the California Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2000 (the "Consulting Services"). The Consulting Services to be
specifically performed by Consultant are more particularly described in Exhibit "A" which is
attached hereto and by reference made a part of this Agreement.
Section 2. Schedule. The Consulting Services shall be completed by March 20, 2003.
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Section 3. Compensation. City shall pay Consultant on a time and materials basis and
in accordance with the hourly rates of Consultant set forth in Exhibit "B"attached hereto. The total
compensation to Consultant,exclusive of the City's payment of reimbursable costs,shall not exceed
One Hundred Five Thousand Eight Hundred Seventy-six Dollars($105,876.00) for the Consulting
Services. Payment for Reimbursable Expenses, shall not exceed Two Thousand Five Hundred
Dollars($2,500.00). Reimbursable Expenses,are defined as printing and reproduction,advertising,
travel, long-,distance telephone calls,postage, special sample preparations, models,renderings,and
similar project-related expenses and shall be billed by Consultant at actual cost plus ten percent
(10%). Car travel mileage beyond Consultant's office metropolitan area shall be billed at
$0,365/mile. The Consulting Services shall be billed to City monthly, on a"percentage complete"
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basis,plus any reimbursable expenses incurred. Consultant shall provide City with an invoice and
shall be entitled to payment within thirty(30) days thereof. Amounts owing to Consultant thirty
(30) days beyond the invoice date will be assessed a 1.5 percent charge.
Section 4. Independent Contractor. It is the express intention of the parties hereto that
Consultant is an independent contractor and not an employee of City. Nothing in this Agreement
shall be interpreted or construed as creating or establishing a relationship of employer and employee
between City and Contractor. Both parties acknowledge that Consultant is not an employee for State
tax, Federal tax or any other purpose.
Section 5. Insurance and Indemnification
5.1 Consultant's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Consultant for the term of
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this Agreement 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 Consulting Services for City
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 work.
5.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in an amount which
meets the statutory requirement with an insurance carrier acceptable to City. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City. 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 prior to commencement of work.
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
subsection 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 obligation provided herein to indemnify, defend and hold harmless is valid and
enforceable only to the extent ofthe negligence of Consultant,its officers,agents and
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employees.
5.3 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 onemillion dollars ($1,000,000)per occurrence
and two million dollars ($2,000,000) in the e andamag
aggregate for public liability, property damage 0
personal injury is required. City shall be named as an additional insured and the insurance policy
shall include a provision prohibiting cancellation of the policy except upon thirty(30) days prior
written notice to City. Such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to
City prior to commencement of work.
5.4 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage,with minimum limits of one million(S 1,000,000.00)per occurrence,combined single limit
for bodily injury liability and property daina(I)le liability. This coverage shall include all Consultant
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owned vehicles,hired and non-owned vehicles, and employee non-ownership vehicles. City shall
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be named as an additional insured and a certificate of insurance shall be delivered to City prior to
commencement of work.
5.5 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 the parties to sublet a portion of the
Consulting Services, Consultant shall add the subcontractor as an additional insured and provide
Citv with the insurance endorsements required by this Agreement prior to any work being performed
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by the subcontractor. Assignment does not include printing or other customary reimbursable
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expenses that may be provided in this Agreement.
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5.6 Hold Harmless and Indemnification. Contractor 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 orproperty,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 Contractor'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.
Section 6. Discrimination Prohibited. In the performance of this Agreement and in the
hiring and recruitment of employees, Consultant shall not discriminate on the basis of race, creed,
color, religion, sex, physical handicap, ethnic background or country of origin.
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Section 7. Notices. Any notice to be given pursuant to this Agreement shall be deposited
with the United States Postal Service, postage prepaid and addressed as follows:
CITY: CONSULTANT:
City of Redlands Richard D. King
John Davidson, City Manager RDK Consulting., Inc.
P.O. Box 3005 7742 Herschel Avenue, Suite H
Redlands, California 92373 La Jolla, CA 92037
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
Section 8. Assignment. Consultant shall not assign or subcontract any part of the
Consultino,Services subject to this Agreement without obtaining the prior written consent of City.
Any assignment or subcontract without such prior written consent shall be null and void, and at the
discretion of City,result in immediate termination of this Agreement.
Section 9. Modifications. No modification or amendment of this Agreement shall be
valid unless made in writing and signed by both parties.
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Section 10. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 11. Entire Agreement. This Agreement represents the entire agreement of the
parties hereto as to the matters contained herein and supersedes any and all prior written or verbal
agreements between the parties.
Section 12. Attorneys' Fees. In the event any legal 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
date first shown at Redlands, California.
CITY OF REDLANDS
71 By: 00e
Karl N. Haws, Mayor
ATTEST:
Loiyi�&Poyzer, ,<Ayklerk
RDK CONSULTING, IN
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By:
Richara D. King, Pr�' al
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Project Management/Library Consulting Services
Fee Worksheet
Pro}.Mgr.
TJA mum BDK I01al RE REE
Stategic Planning/Define overall process, V
schedule and stakeholder identification 1 $3,385 $3,385 base
2 Comprehensive PM Plan, formalize and
conduct public input for the needs V
assessment 3 $4,675
3 Prepare Needs Assessment 4 V $14,241
4 Project team meetings for City k4xA and
County Library operational requirements V
and standards. 6 $9,476 $9,476 base
5 Participate in Site Selection review and
analysis 3 $5,360
6 Prepare and issue Architect& Eng. RFQ.
Lead City review and selection process 3 $4,523
7 Prepare Ubrary Plan of Service 2 V $9,120 $9,120 base
8
Prepare Architectural Building Program,
based on the needs assessment, Plan of
Service, community input and Oty Library
operational requirements and standards. 2 $5,025 $5,025 base
9 Issue RFP and lead selection for City Purchase
Order services for environmental,
geotechnical investigation and report (soils
report),and site survey. 1 $1,198
10 Lead public input Design workshops with
stakeholders,agencies and local
organizations 6 $9,018
11 Review joint venture/joint use cooperative
agreements(by City and RUSD). 2 V/ $3,410
12 Lead process for CEQA review and
certification,City discretionary planning
review and approval for entitlements, and
Development approvals, if necessary,
including solicitation and coordination of
specialty consultants where and when
required (Environmental, traffic, etc.). 3 $4,603
13 Project Design Coordination (review and
input) V $3,100
14 Update the project program, based on
design, site selection, the stakeholder
input and Library operational requirements
and standards. $1,760 $1,760 base
15 Review/Coordinate Needs Assessment 2 $7,090
16 Garner support for and finalize approvals of
architectural design,preliminary
specifications,and cost estimates. 1 $2,708
17
Finalize formal needs assessment, project
design, budget, library plan of service, V
prepare grant application, and additional
Library Bond act required materials. 1 $5,620 $5,620 base
18 Assist City Staff in garnering City Council
Certification of Grant application I V $2,190
Page 1 of 2 EXHIBIT "A"
Project Management/Library C insulting Services
Fee Worksheet
19 Attend City Council Meeting Re: Plan approval
and Certification of Grant application V
1 $1,333
20 Compile and submit grant application
submittal materials. $2,740
21 Project Reports 14 $2.80.Q
Total 42 $103,376 $34,387
Staffing Total Hrs 556
Richard King - Pdncipd 28%
Paul Chehniruak- Project Manager 50%
Mwibel Bailey - Administrative Support 22%
Library Consulting
Marilyn Crouch & Natalie Rencher Total Hrs 224
All Tasks through Schematic Design only 75% $77,532 $34,387
All Tasks through 5096 Design Development 100% $103,376
Fee based analysis
Page 2 of 2
EXHIBIT "B"
HOURLY RATE SCHEDULE
Professional Staff Level I -Principal 110.00/hour
Professional Staff Level 2 85.00/hour
Professional Staff Level 3 $ 76.00/hour
Technical Support Staff 45.00/hour
Administrative Support Staff $ 38.00/hour
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