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HomeMy WebLinkAboutContracts & Agreements_92-2024FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment ("First Amendment") to the agreement for professional architectural services ("Agreement"), dated May 3, 2022 by and between the City of Redlands, a municipal corporation and a general law city ("City"), and Miller Architectural Corporation, a California corporation ("Consultant"), is made and entered into this 21st day of May, 2024. RECITALS WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically the term of the agreement in Article 4, Section 4.1 and total compensation in Article 5, Section 5.1; and WHEREAS, it is the desire of the City and Consultant to amend Exhibit `B," "Fee Schedule" to include an amended "Fee Schedule," which is attached hereto by reference. NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows: AGREEMENT Section 1. Article 4, entitled "Performance Of Services," Section 4.1 of the Agreement, is hereby amended to read as follows: "The term of this Agreement shall be for a period of three (3) years commencing as of the Effective Date, unless terminated earlier as provided herein." Section 2. Article 5, entitled "Payments To Consultant," Section 5.1 of the Agreement, is hereby amended to read as follows: "Total compensation for Consultant's performance of the Services shall not exceed the amount of Four Hundred Thousand Dollars ($400,000.00). City shall pay Consultant on a time and materials basis up to the note to exceed amount in accordance with Exhibit `B," titled "Fee Schedule, " which is attached hereto and incorporated herein by reference." Section 3. The fee schedule set forth in Exhibit `B" of the Agreement titled, "Fee Schedule," is hereby amended and replaced by an amended Exhibit `B," which is attached hereto and incorporated herein by this reference as Attachment 1. Section 4. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect. 1 I:\cmo\Agreements\First Amendment Miller Architectural Corporation FY23-0080.docx-ms IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of May 21, 2024. CITY MILLER ARCHITECTURAL CORPORATION By: ddie Tejeda, Mayor ATTEST: Donaldson, City Clerk 2 I:\cmo\Agreements\Fast Amendment Miller Architectural Corporation FY23-0080.docx-ms ATTACHMENT 1 EXHIBIT "B" FEE SCHEDULE [Attached] 3 I:\cmo\Agreements\First Amendment Miller Architectural Corporation FY23-0080.docx-ms 2024 FEE SCHEDULE MILLER ARCHITECTURAL CORPORATION 1177 IDAHO STREET, SUITE 200 REDLANDS, CA 92374 P 909.335.7400 F 909.335.7299 PROFESSIONAL AND TECHNICAL STAFF: Senior Principal Court/Arbitration Appearance Deposition Principal (Architecture Division) Associate (Architecture Division) Principal (Interiors Division) Senior Project Manager Project Manager Senior Technician Intermediate Technician Senior Clerk/Executive Assistant/Office Mgr. Junior Technician Administrative Assistant/Marketing Assistant Secretarial/Clerical/Intern Archive Retrieval Fee Drone Photography/Remote Aerial Survey $277.20/hour $330.75/hour $360.15 - First Hour $324.45 - Each Additional Hour $213.15/hour $186.90/hour $180.60/hour $165.90/hour $154.35/hour $143.85/hour $100.80/hour $99.75/hour $90.30/hour $96.60/hour $74.55/hour $240.45/Flat Fee $301.35/hour Overtime for hourly personnel will be charged at the base rate of 1.5 per hour for time in excess of 8 hours per weekday or for work on Saturdays, Sundays and holidays. EXPENSES: 1. Out of pocket expenses, (i.e. photocopies, film development, shipping, blueprints): cost plus 15%. 2. In-house Services: Large Format Black & White: Large Format Color: Photo Copies: $2.87 per 24" x 36" sheet $3.70 per 30" x 42" sheet $8.59 per 24" x 36" sheet $11.13 per 30" x 42" sheet Black & White: $0.40 per 8-1/2" x 11" $0.68 per 11" x 17" $2.20 per 8/1/2" x 11" $3.75 per 11" x 17" $1.00 per 12" x 18" $4.42 per 12" x 18" Presentation Materials: $25.41 per 30 x 40 Foam Board CD with Files: $62.92 Upload Data: $62.92 3. Mileage: Current IRS Mileage Rate 4. For work which requires overnight lodging, a per diem charge will be made appropriate to the area, based on actual costs. 5. Outside consultants not included in the base fee and plan check fees shall be billed at direct cost plus Black & White: Color: Color: Black & White Color 15%. page page page page page page INVOICING Invoices will be issued either monthly or bi-weekly and are due and payable upon receipt of the invoice, unless otherwise agreed. Interest of 1 % per month, but not exceeding the maximum rate allowed by law, will be payable on any amounts not paid within 30 days. Payment thereafter is to be applied first to accrued interest and then to the principal unpaid amount. Attorney's fees or other cost incurred in collecting any delinquent amount shall be paid by the client.