HomeMy WebLinkAboutContracts & Agreements_110-2001AGREEMENT TO FURNISH CONSULTING SERVICES
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This Agreement is made and entered into this 7 M day of August 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 services, which are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference for
architectural services to provide replacement clerestory windows for the A. K. Smiley Public
Library.
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 architectural services.
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 architectural services under this Agreement.
2.3 City will designate in writing a person to act as City's representative with respect to the
architectural 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 architectural services covered by this Agreement.
3.1 Consultant shall perform the architectural services promptly and shall prosecute them
diligently in accordance with the schedule attached hereto and incorporated herein as Exhibit
"A.11
ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 For the performance of the architectural services, City will pay Consultant on a time and
materials basis, and, in any event, a fee not to exceed $3,060.00. Fee does not include any
reimbursables or additional services that may occur throughout the project.
4.2 Payment for the architectural services requested by City shall be in accordance with the
hourly rates shown in Exhibit "A," 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
Public Works Department
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Consultant Claremont Environmental Design Group, Inc.
480 North Indian Hill Boulevard
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 who
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 performing the
Services covered by the Agreement. Said public liability and property damage insurance
shall be in a minimum combined single limit of $1,000,000.00 per occurrence. The City
shall be named an additional insured on the insurance coverage for public liability and
property damage, and such insurance shall be primary and non-contributing to any insurance
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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.
I , 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 architectural services described
in this Agreement.
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 architectural 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 persomiel proposed for this project are as follows:
Erik G. Peterson, Project Architect
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.
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6.5 Consultant is for all purposes under this Agreement an independent contractor and not an
employee of City. 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 architectural services.
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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.
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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.
Mayor
Date
August 7, 2001
El
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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 email@cedg-design.com
August 1, 2001
GCOPE OF ARCIIITECT'S BASIC SERVICES:
EXHIBIT "A"
PROJECT: Provide Construction Documents and construction administration for the replacement of clerestory
windows at the historic Smiley Library.
Note: This proposal does not include mechanical engineering to move or alter roof mounted ductwork. We are
assuming that the contractor will make the required modifications to the ductwork. CEDG will provide a detail
for a duct penetration through a new window.
Pre -design
take measurements
develop as -built clerestory window section
Design Development Phase
develop schematic section
prepare preliminary cost estimate
select materials
prepare outline specification
review outline specification and project budget with the Owner
Prepare Construction Documents including:
clerestory window sections and details
window, and finish schedule
Governmental Reviews
(Plan check submission for building permit to be by Owner.)
make plan check revisions as required
Construction Administration
attend 2 job meetings
observe construction at each job meeting and at crucial times
provide reports as required
process change orders (if necessary)
authorize payments
certify substantial completion
perform (1) punch list inspection
perform (1) final inspection
CITY OF i R E
SMILEY LIBRARY
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August 1, 2001
CEDG
PROJECT SCHEDULE:
Exhibit "A"
Design Phase
August 8, 2001 - August 24, 2001
Construction Document Phase
August 25, 2001 - September 5, 2001
City Plan Check Phase
September 6, 2001 - September 14, 2001
Bidding . • Negotiations Contract Approval i
September 15, 2001October
Construction
October 00November
CLAREwDNT ENVIRONMENTAL DESIGN QROUP.|mC.
Architecture Landscape Architecture Planning
Brooks Covin' III C-8764 Mark von Wudike 1537
480North Indian Hill Boulevard, Claremont, CA9l7ll
Phone 909'625-3916 FAX 909'625-4282
v*vw.cedg'Uesignzom ammU@cedg-demign.com
MUNINKITIT
Billing Rates
DrookmCevin |��A
'
$106.00/hr
Principal, Architect
'
Mark von VVodtke AS��
^
$185.00/hr
Principal, Landscape Architect
'
Erik G. Peterson,
Project Architect
$85OD/hr.
'
Technical Staff
'
$30.00' $90.00/hr.
Structural Engineer
$8000- $100/hr
'
Electrical Engineering
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$�O 'OO' $110
Mechanical Engineering
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$GQ.00- $11D.00/hr.
Reimbursable Expenses:
1. Out+of-tovvntransportation 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 (8 1/2x 11 inch) $1.00eeoh
OiazoPrintu (24x36inch) $2.00eaoh
SmpiaK8y|ar (34x36 inch) $4.00eaoh
Computer Plots (24x 36 inch) $20'00emch
5. In -House Photography and video.
G. Renderings, models, photos requested byOwner.
7. Fees paid for securing approval of authorities having jurisdiction.
8. Expense ofovertime work requiring higher rates ifauthorized byOvvnor
S. Expense ofany additional insurance requested byOvvner. '
10.Expense ofany additional consultants requested by Ovvner.
Terms:
Reimbursable expenses on other items shall be at 1.1 times cost to the architect. Invoices are
submitted monthly on work completed to date. A Finance Charge of 1Y6 per---' month, which^' h�oh is an
annual percentage of 1296, will be charged onaccounts due over 3Odays.