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HomeMy WebLinkAboutContracts & Agreements_95-1997_CCv0001.pdf " '._-,oru..»a:.,.. .'o>.,..3_-..>....e a,._ __.✓--.z.,..::, ..,._. ,,.i3..-�„ -�....W.. ".;✓,.,»....c ....,a.._�....aG.,:'. ,...mz.: _ ..A._ __ .,_., R- L AGREEMENT TO FURNISH CONSULTING SERVICES FOR DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF COLTON AVENUE AND WABASH AVENUE This Agreement is made and entered into this 21st day of October , 1997, by and between the City of Redlands, a municipal corporation ("City") and Hicks and Hartwick, Inc. ("Consultant"). 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 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 improvements to the intersection of Colton Avenue and Wabash Avenue {the "Project"}. 1.2 All work performed by Consultant under this Agreement shall be done in a pro- fessional 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 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 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. 1 ARTICLE 3 - RESPONSIBILITIES OF CONSULT 3.1 Consultant shall perform the Engineering pheretly and to and incorporated hel prosecute r diligently in accordance with the schedule attached as Exhibit "B." ARTICLE 4 - PAYMENTS TQ CONSULTANT 4.1 For the performance of the Engineering Ser Servinot ces, City ity will $ 55,400-00.Consultant ns tnt on a time and materials basis, and, in any even , 4.2 Payment for the Engineering Services requested by City Schedule be att chedohereto and rdance with the hourly rates shown in Exhibit D, incorporated herein by this reference. �.3 Payments by City to Consultant shall bolmadwahant payable Dn 30 days eand Consultant. approval of Consultant's hereinabove 1n be y 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 City of Redlands Public Works Department P.Q. Box 3005 Redlands, CA 92373 Consultant Hicks & Hartwick, Inc. 37 East Olive Avenue Redlands, CA 92373 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 ges many made ts are tohbe given byand addresses at the time of actual delivery. Chan giving node the person to whom notices, bills, and payments pursuant to this paragraph. ARTICLE 5 - INU CE AND INDEMNIFICATION 5.1 Consultant shall maintain workers' compensation c�nsurance and, in damage due to bodily addition shall maintain insurance to protect City from claimsg personal injury, or death and claims for injury to or destruction of tangible property whilep erforming the Services covered by the Agreement. Said public liability 00 property damage insurance shall be in a minimum combined single limit , 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 2 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; James W. Hicks Project Manager Harold R. Hartwick Project Surveyor Riley C. Clark Project Engineer Mark S. Whitmer Field Surveyor 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 ether projects and any use of incomplete documents will be at City's sole risk. 3 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 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. 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 HICKS & HART x f By ' Mayor Date October 21, 1997 Date ° = A.TT'EST Deputy- City Clerk EXHIBIT "A" SCOPE OF SERVICES Consultant proposes to complete the following scope of civil engineering design work: Scope of services shall include: 1. We will design and develop all necessary surveys, plans, specifications, details, estimates of probable cost, design and construction schedules for the design of improvements, including widening and reconstruction of the intersection of Colton Avenue and Wabash Avenue. 2. Further, we will provide all necessary surveys for the location of existing facilities, including but not limited to underground utilities, existing access points and various on-site and off-site improvements. 3. We will provide engineering drawings showing all plan views, profiles and typical sections; grading details, and retaining walls as necessary; drainage details including hydrology analysis, and culvert designs as may be required for the complete design of the intersection of Colton Avenue and Wabash Avenue. 4. We will provide you with complete general specifications in compliance with the "Standard Specifications for Public Works Construction", latest edition and complete technical specifications defining each element of construction. 5. Additionally, we will furnish a preliminary construction quantity and cost estimate {including earthwork} for all phases and elements of work. 6. We will complete a tentative construction schedule defining the required time necessary for completion of the various phases of construction. 7. The specific tasks to accomplish this scope of work are listed in the Attachment "B", Schedule of Work. 5 EXHIBIT "B" SCHEDULE TTa m Q v �{ ---- I C m M uJ z cv - a w _._.. . dCLD S v a cu as C13 m Q N LL uX � d w D z uj ) Q _..-._ ..._.. _...... . 4G -... ► LL- J `0 F1� W Q. . C O LLM J LL G N LU Z t� N LU t4 U© d �, M r D o f U) r m to ► _. .._.._ _...._._........_ u) z U) Z cr- to W LLI Z .�- =U1 do r t-H Z `' 0) J z uj z o 1 1 - I I p k { o InLU a. I i I ;aCsn c m 14 cn �s { c '� icy � c c o i s 1-5 was m i 1 }v c j is u> i ! 0 1a 10 o as zv > o `a d I Im i k a i I o i� �' k � X 1 = 1 > crost I m 1 to n n � ar � G ax 1- (U c t vt c`�» g v, tv 1 0 19 s ow is �. i T or S M S us c i ' e`o ? cz ;ctS t» R ar 1 w _ ( Q 1 r.4 s E iGG.. ' � 1- U ! 1d a > i i 87 i C' R 1} 1 } ' G 3 ` O Ej} I t5 14= I i w `tis 1 GL C 0 10 m 'N s m t 4t S i 6. 1 U} 't�L I CL {3_ 1 G (y^ W Wo! 11,5 ( t F- CL F-s LS ' m '2 i '(60 I a I 1 � LO 1 G r ul 1(0 P C 1 ATTACHMENT"B"SCHEDULE OF WORK ' DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF COLTON AVENUE AND WABASH AVENUE Arlt Ma er November December Januar Februa March 5/3 5117 10/19 11/2 11/18 11!30 12/14 12128 111 1/25 218 2122 318 3122 415 4/19 ID Task Name 22 Future Signalization issues 23 ^Sewer issues 24 _ Water issues 25 Other utilities _ 26 �Preliminary estimate of probable costs 27 Review of Preliminary Design 28 City of Redlands 29 Bear Valley Mutual Water Co. 30 County of San Bernardino....__._ 31 Others as designated by the City of Redlands 32 Design 33 Plan and profiles for Colton Avenuem — 34 Plan and profiles for Wabash Avenue 35 Prepareilntersection detail sheets 36Pre par are drainage plans and details 37 Y Prepare hydrology&hydraulics calculations and report 38 Prepare improvement plans for Bear Valley Canal 39 ~ Prepare irrigation main relocation Plans 4p - Pre are sewer main relocation plans p 41 Pre are water main relocation plans 42 Prepare estimate of quantities and probable costs r Rolled Up Progress Task Summary _. Project:Wabash&Colton intersection Progress -01111001111=1 Rolled Up Task Start Date:Tue 10/21/97 g Finish Date:Mon 5118198 Milestone (�) Rolled Up Milestone 0 9197PS01.MPP Page 2 OF 3 _ — — Hicks&Hartwick, Inc. --- a. r. a_ ----------- -------- . ....................... - --------------------------- -- ----- po w cv z w ------ ......------------------------- > Q M ........... w 5 Z UJ z > C 0 z 3:0Cv U- ----------- ------- ....... ------------- .... ..-- ---- 00 0) W j LL. =)U- Do w 0 w ZF co M:0 CL (D W LLJ ----------- ............... 0 W W cu E > 0 O a_ cs 5 0 0 crto E M, 0 M 1.2 �i E 1 c M CL am CO: I t I- I C . 1 c Iwo U, '0 cc M CM 1-6 1-0 6 6 in 5 > ' o > ii m N EXHIBIT "C" FEE PROPOSAL Consultant proposes to perform the engineering services for the design of improvements to the intersection of Colton Avenue and Wabash Avenue in accordance with the Scope of Services as listed on Attachment Scope of Services for the not to exceed fee of $55,400-00. CITY OF REDLANDS HICKS & HARTWICK By: By: Mayor, City of Redlands Date: Date: I EXHIBIT "D" HOURLY RATES ATTACHMENT ~D^ RATE SCHEDULE Hicks & Hodwick Inc. Rate Schedule JamesW. Hicks........... ... ...... ........----------......---------...............—$85�OO HaroldFLHartwkck................ ........ ....... ........ ------......----- ......... .................885.00 �0�OO F�i{eyC. {��sk—.--..—_----_--_—________________________ ���UO K8urk8.VVh�noer —..-----_----_—_______________________.. Mark SVVhitnmer(2man field crew)........ ... — ...... ........ ... ................... _ ...................$�2O.0O ���OO Drafting Des�ner—...--.—.—'—____________________________._____ ���OO ---.—.—____'__,_____________________________.. At Cost Printing & RoproducUon---'—.------------------__----__—_.