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HomeMy WebLinkAboutContracts & Agreements_25-2000_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR DESIGN OF IMPROVEMENTS FOR FIRE STATION NO. 264 This Agreement is made and entered into this 7th day of March, 2000, 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 engineering design services, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Engineering Services"), for the design of Fire Station No. 264 at the Emergency Operations Center, Redlands City Yard(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 Engineering Services to City. ARTICLE 2 - RESPONSIBILITIES OF CITY 2.1 City shall place at the disposal of Consultant all available information n - its possession i 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 Engineering 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. 4 ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT 3.1 Consultant shall perform the Engineering Services promptly and shall prosecute them diligently in accordance with the schedule attached hereto and incorporated herein as Exhibit ARTICLE 4 - PAYMENTS TO CONSULTANT 4.1 For the performance of the Engineering Services, City will pay Consultant on a time and materials basis, and, in any event, a fee not to exceed$ Fee does not include any reimbursables or additional services that may occur through the project. 4.2 Payment for the Engineering Services requested by City shall be in accordance with the hourly rates shown in Exhibit "D," Rate Schedule attached hereto and incorporated herein by this reference. 4.3 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: City Ronald C. Mutter, Director City of Redlands Public Works Department P.O. Box 3005 Redlands, CA 92373 Consultant Erik G. Peterson Claremont Environmental Design Group, Inc. 480 No. 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 Consultant shall maintain workers'compensation insurance and. in addition shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury, or death and claims for injury to or destruction of tangible property while performingthe Services covered by the Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of$1,000.00 per occurrence. The City shall be named an additional insured on the insurance coverage for public liability and property 2 damage,and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City, The Consultant shall provide City with a certificate evidencing such insurance coverage. 5.2 Consultant agrees to maintain professional liability insurance pursuant to this paragraph to protect City from negligent acts, errors, or omissions of a professional nature; the total aggregate of Consultant's professional liability insurance coverage shall be a minimum of $1,000,000. 5.3 Consultant shall indemnify,hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, loss, damage, charge or expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful or negligent act or actions,omission or failure to act on the part of the Consultant,its contractors, its suppliers, anyone directly or indirectly employed by it or anyone for whose acts or omissions it may be liable in the performance of the Engineering Services described in this Agreement. 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 Engineering 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. 6.3 The key Consultant's personnel proposed for this project are as follows: Erik G. Peterson Project Architect CEDG Rich Campbell Mechanical Engineer ACEA Bill Doby Electrical W. A. Doby Ken King Civil - Structural Ken King Brooks Calvin Principal Architect CEDE 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. 3 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. (See "Termination, Suspension or Abandonment" in Exhibit "A". 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. IN WITNESS WHEREOF,duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS CLAREMONT ENVIRONMENTAL DESIGN GROUP, INC. By Mayor By Date March 7, 2000 Date 2-A-7- ATTEST: ---z City erkCk 4 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 CEDG@worldnet.att.net February 23, 2000 SCOPE OF ARCHITECT'S BASIC SERVICES PROVIDED ON AN HOURLY BASIS EXHIBIT"A" PROJECT DESCRIPTION: The design of Redlands Fire Station 264, an approximately 5,025 s.f. addition to the Redlands Emergency Operations Center. 2.2 Design Phase 2.2.0 Pre-design help Owner obtain topographic survey do measurements analyze site including utilities analyze existing facilities 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. 2.2.2 Design develop concept integrate into existing site plan develop schematic plans, sections, elevations prepare preliminary cost estimate meet with Owner select materials prepare outline specification review with Owner prepare submissions to city for: -planning review represent owner at city reviews SCOPE OF ARCHITECT'S BASIC SERVICES PROVIDED ON A FIXED FEE BASIS UNDER SEPARATE CONTRACT OR EXTENSION OF ORIGINAL CONTRACT ( t EXHIBIT "A" PROJECT: Provide Construction Documents, and Construction Administration for Fire Station 264, an approximately 5,025 s.f. addition to the Redlands Emergency Operations Center. Final size and configuration of the station to be determined during the Design Phase. 2.3 Construction Document Phase (fixed fee) 2.3.1 Prepare Construction Documents including: title sheet site layout plan grading plan (by civil engineer) foundation plan floor plan reflected ceiling plan exterior elevations building sections door, window, and finish schedules interior elevations roof plan roof framing plan structural details structural notes and calculations mechanical plan mechanical notes mechanical Title 24 calculations Plumbing plan electrical plan electrical notations on floor plans electrical Title 24 calculations notes and details specifications irrigation plan and schedules planting plan and schedules outdoor lighting plan site details revise construction cost estimate review with Owner 2.3.2 Governmental Reviews (Plan check submission for building permit to be by Owner.) make plan check revisions as required 2.3.3 Bidding assist Owner prepare advertisement for bidders (as required) assist Owner select bidders (as required) assist Owner administrate bidding (as required) assist Owner evaluate bids (as required) assist Owner in negotiating contracts (as required) i l t 2.4 Construction Administration Phase 2.4.1 Construction Administration run 20 job meetings and provide summaries observe construction at each job meeting and provide reports process change orders (if necessary) authorize payments certify substantial completion do (1) final inspection 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. propo redlands fs264-3.doc ARTICLE 8 TERMINATION OR SUSPENSION with this Agreement, 8.1 If the owner fails to make payments to the Architect in accordance such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,prior to suspension of services,the Architect shall give seven days'written notice to the Owner.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the owner for more than 30 consecutive days,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time 47 schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than go a 1 9 AIA 9 7 A I A(D not less than seven days' DOCUMENT 8151-1997 consecutive days,the Architect may terminate this Agreement by giving ABBREVIATED OWNER- written notice.' ARCHITECT AGREEMENT The American institute 8.4 This Agreement may be terminated by either party upon not less than seven days'written of Architects notice should the other party fail substantially to perform in accordance with the terms of this 1735 New York Avenue,N.W. Agreement through no fault of the party initiating the termination. Washington, D.C.20006-5292 0 8.5 This Agreement may be terminated by the Owner upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8j. 8.7 Termination Expenses are in addition to compensation for the services of the-Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. i CITY OF REDLANDS REDLANDS FIRE DEPARTMENT FIRE STATION NO. 204 February 23, 2000 CEDG PROJECT SCHEDULE: Exhibit "B" Time and Expense Contract Design Phase March 8, 2000 - April 21, 2000 Separate Contract or Contract Extension Construction Document Phase April 24, 2000 - July 24, 2000 City Plan Check Phase July 24, 2000 - September 25, 2000 Bidding and Negotiation & Contract Approval Phase September 25, 2000 - November 20, 2000 Construction Phase November 20, 2000 - July 23, 2001 ' ^ ^ � m ' CLARE ^O�r DESIGN Gnoop,Imc mrhitecture Landscape Architecture Planning Brooks Covin. |U C-8764 Mork von vvodtke 1537 400North Indian Hill Boulevard,Claremont,Cx9l7ll Phone 909-625-3916 FAX 909-625-4282 E-mail CEDG@wvoddneLoMnet January 1, 2000 , .. \I$(T o Billing Rates �1Q5 Brooks Cavin, III, AIA .00/hr. Principal, Architect Mark von VVodtke' /\SLA $105.00/hr. Principal, Landscape Architect $30OO ' $ 80.00/hr. � Toohnica| Staff O0/hr Structural Engineer $80. ' �1OO 1DDO/hr Electrical Engineering $GO. . . Mechanical Engineering $80.00 $110.00/hr. Reimbursable Expenses: l . Out-of-town transportation and living expenses authorized by Owner. Job-related Auto:$.31 per mile 2. Long distance communications. 3. Package delivery, postage and handling of Drawings and Specifications. 4. Reproductions. Laser Prints/Acetates (Q 1/2 x 11 inch) $1.00 each Diezoprinty (24x3Oinch) $2.00 each Sepia Mylar (24x36 inch) $4.00 each Computer Plots (24x 36 inch) $20.00 each S. In-House Photography and video. G. Rendaringm, models, photos requested byOwner. 7. Fees paid for securing approval of authorities having jurisdiction. S. Expense ofover-time work requiring higher rates ifauthorized byOwner. 9. Expense ofany additional insurance requested byOwner. 10. Expense of any additional consultants requested by Owner. Terms: Reimbursable expenses onother items shall beat 1-1 times cost tuthe architect. Invoices are submitted monthly on work completed todate. A Finance Charge of 196 per month, which is anannual percentage of 12%, will becharged onaccounts due over 30days.