HomeMy WebLinkAboutAgree-Higginson ArchitectsAGREEMENT TO PERFORM PROFESSIONAL SERVICES
TEXONIA PARK RENOVATION AND REHABILITATION PROJECT
1301-1413'TEXAS ST, REDLANDS, CA. 92374
This agreement for architectural design and construction management services
("Agreement") is made and entered in this 3rd day of October, 2023 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City) and Higginson Architects, Inc., a
California corporation ("Consultant"). City and Consultant are sometimes individually referred to
herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises
contained herein, City and Consultant agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide architectural design and construction
management services for City (the "Services").
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 Services that Consultant shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state, and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
2.3 Services provided by Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Donald Craw, as the City's representative with respect to performance of
the Services, and such person shall have the authority to transmit instructions, receive
inforination, interpret, and define City's policies and decisions with respect to performance
of the Services.
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ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which is
attached hereto and incorporated herein by reference.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Compensation:
Total compensation for the Consultant's performance of the Services shall not exceed the
amount of One Hundred and Forty -Nine Thousand Five Hundred Dollars ($149,500). City
shall pay Consultant on a time and materials basis up to the not to exceed amount in
accordance with Exhibit "B," titled Fee Schedule" which is attached hereto and
incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
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CONSULTANT:
David Higginson, CEO/President
Higginson Architects, Inc.
34247 Yucaipa Blvd., Ste D
Yucaipa, CA 92399
dhigginson@higginsonarchitects.com
Phone: (909) 797-1924
California Licensed Architect C-19168
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not perform
any Services unless and until the 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 the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws of
the State of California. Consultant shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount 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. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Consultant owned vehicles used in
connection with Consultant's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services
without the prior written consent of City. In the event of mutual agreement by the
Parties to assign or subcontract a portion of the Services, Consultant shall add such
assignee or subcontractor as an additional insured to the insurance policies required
hereby and provide City with the insurance endorsements prior to any Services being
performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
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occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Consultant's Services. Consultant further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 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, including fees for the use of in-
house counsel by a Party.
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8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account only,
and in no event shall Consultant or 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. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. 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. Upon receipt of a
termination notice, Consultant shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related 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. Consultant shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
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litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
8.9 All reports, plans, specifications, field data and notes and other documents, including all
documents on electronic media, prepared by the architect as instruments of service shall
remain the property of the Architect. The client agrees to waive any claim against the
architect arising from any unauthorized reuse or modification of the plans and
specifications.
8.10 Architects are licensed and regulated by the California Architects Board located at 2420
Del Paso Road, Suite 105, Sacramento, CA 95834.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF
By:
ddie Tejeda, Mayor.
ATTEST:
z?"-liinne Donaldson, City Clerk
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Higginson Architects, Inc.
By:
David Higginson, Principal/CEO
California Licensed Architect C-19168
EXHIBIT "A"
SCOPE OF SERVICES
Site Analysis Typographic Survey I Base Plan
1. Prior to holding an initial workshop, we will visit the
site to gather information regarding the characteristics
of the site. We will analyze the opportunities and
constraints of each including, but not limited to: grades,
location of potential amenities, the condition of adjacent
properties, topography, existing vegetation, views,
uses, accessibility, infrastructure and surrounding uses.
2. We will conduct research and field investigations as
needed to verify rights -of -way, bench -marks, utilities,
existing tree locations and property boundaries. We
will perform utility and existing conditions research in
preparation of the base mapping far this project. This
research wiIlE include searching for available record data
(record maps, burial right- of -way maps, benchmarks,
utilities, existing improvement plans) within or adjacent
to the project limits. We will gather available information
from the various utility companies regarding their
facilities in the project area. This will permit these
facilities to be incorporated into the base map for the
project. After reviewing the project area, we will perform
a complete topographic survey of the project area
(aerial topography will not be utilized). We will provide
a minimum of 20 scale, 1' contour interval aerial
topographic map of the entire project area Topographic
mapping to include: roadway improvements (curb
and gutter, cross gutters, driveways, street lights),
utility improvements (manholes, vaults, meter boxes,
power poles and guy wires), trees, and other existing
site Improvements. We will coordinate the Project
Team and impacted utility companies as required to
determine if there are any conflicts between the final
conceptual design and their infrastructure.
3. The final base map will be prepared using the City's 24"
x 36" standard title sheet at a minimum scale et 1" =20'
and will Include right-of-way, easements, and utilities
within the project area.
4. We will conduct an informot tree health survey of any 7,
of the trees within the project area. The final plans
will reflect the removal of any trees not in a healthy
condition.
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Preliminary Master Plan
1. After the initial meeting with the Project Team
members, the Higginson Architects Team will prepare
a preliminary concept plan for the project area for
review and evaluation. The preliminary design, will
conceptually indicate all the proposed landscape
design elements within the project area. Scope of
improvements are anticipated, but not limited, to be:
a. Perimeter sidewalk.
b. Parking lot.
c. Expanded play area.
d. New restroom building -using City provided
footprint.
e. New softball field.
f. New shade structures.
g. Soccer field.
h. Basketball courts.
I. Fencing.
I. Interior connecting walkways.
k. Pedestrian amenities (benches, picnic tables,
BBQs, etc.).
I. Any new trees or plantings.
m. Preliminary locations of any new light fixtures -
pedestrian scale and spode.
2. Preliminary design details (storyboard) will be included
for all site amenity items.
3. The preliminary Master Plan will initially be presented
internally to the team members for inputand
discussion. Comments will be incorporated into one
final revised Master Plan and presented at the next
Committee meeting. Further comments will be received
and incorporated into a final Master Plan and presented
by City Staff for approval.
4. The final Master Plan will be colored and provided in
digital format for public display purposes.
S. The Master Plan will be drawn at a 1" =20' scale
maximum.
6. A preliminary estimate of probable construction costs
will be prepared.
To facilitate open communication between ail interested
parties, meetings will be scheduled on an as -needed
basis with unlimited meetings and site visits included in
this scope of work.
Design Plans and Technical Specifications
1. Construction documents shall include, but not be
limited to, the following terns:
a. Title sheet indicating project name, project location,
index map, general notes and sheet index.
b. Demolition Plan will indicate all items scheduled for
removal in addition to clearly showing all elements
to be protected in place.
c. Construction plan will indicate all new hardscape
elements (buildings, play equipment, shade
structures, parking rot, etc.).
d. Electricalllighting plan will show required field
lighting upgrades, parking lot lighting, and
connection to new site toilet btrilding.
e. Grading plan will show all required grading for
building placement, field renovations, and new
parking tot A WQMP and SWPP plan will be
provided in accordance with state regulations. Site
survey is being provided as part of this agreement.
f. Utility plan will show required sewer and water
connections for new toilet building and any water
service connections for maintenance purposes.
Cansideralion will be given to non -potable water
source if required.
g. Irrigation plans will show all irrigation equipment
downstream from mainline point -of -connection
utilizing the latest water conservation techniques
and equipment. All equipment (vatves, sprinklers/
emitters, controls, piping, etc.) will be clearly shown
on this plan. Water consumption calculations/
schedules will be provided. A recycled water
plan will be provided as required by the Slate. A
complete legend will be included that accurately
calls out all equipment specifications. General
irrigation notes will be included.
h. A planting plan will be prepared based on our
approved Master Plan that will clearly show the
location of all new plant materials. The planting
legend will indicate corresponding plant symbols,
botanical and common names, plant sizes,
quantities, WUCOLS (water usage requirements)
numbers and general remarks. General planting
notes will be induded in this plan.
1 Written specifications will be prepared for all project
elements. Specifications will follow the "Standard
Specifications for Public Works Construction
(Greentiaok). The City will be responsible for the
"front end boiler plate" type specifications.
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J. Final Engineer's estimate of probable canstructian
costs/quantities in a spreadsheet format will be
prepared for all project elements.
k. The Higginson Architects Team will assist the
City during the bidding process by reviewing and
providing responses to submittal requests for
information and shop drawings related to specialty
products and items.
2. We will make all corrections as requested by the
City during Is review process on all our construction
documents.
Construction Administration
1. It is understood that Construction Administration
Services are not part of this proposal. if desired, they
can be provided under a separate contract.
Quality Control
1. Quality control of produced design products consists of
several established measures developed over decades
of plan preparations:
a. Company wide design standards for computer
aided designing, calor rendering, file creation and
organization.
b. Initial design review by the pmject draftsperson for
compliance with design standards.
c. Review of design products by the Pmject Manager
for compliance with design standards, City
requirements and general plan completeness.
d. Final review by the Principal Architect prior to plan
signature for design completeness.
Deliverables
1, We will provide the City with the following documents
upon completion of each phase of the design work:
a. Four (4) sets of the review sets.
b. One (1) signed set of original mylar drawings of the
final conceptual design and one hard copy of all
drawings, specifications and calculations.
c. One electronic file of all final drawings/
specifications/cost estimates in DWG (CAD), PDF
and MS Excel' formats.
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EXHIBIT "B"
FEE SCHEDULE
Task, Li F'r jec Irtitiat Pin
Task 2.2 Project Information
Task 2.3'Schema is Design..
Task 2,4 Desdcn Development Phase
Task 2.5 C:onstruccion Docurnen_ts
_...
Atc.ftiweclural f Civil Eriyin erirt t Landscape/ Electrical
Task 2„6 Government Processing
TTask 2.7 Bidding Assistartce__
Task 2,8 Constructer At' ministratiion
Task pica Close u t
Tot&
$0.00
SL4755.00
16 5000.
$59, 3oo.00
$a4,950 00
$0.00
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_$149,500..00
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
X I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
By:
David Higginson, CEO/President
Higginson Architects, Inc.
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Date:
09/19/2023