HomeMy WebLinkAboutContracts & Agreements_60-1995_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
DESIGN OF IMPROVEMENTS TO
EUREKA STREET - REDLANDS BOULEVARD TO PEARL AVENUE
This Agreement is made and entered into this 5th day of September , 1995, 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
Eureka Street between Redlands Boulevard and Pearl 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 system pertinent to the Engineering Services covered by this
Agreement.
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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 "B."
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 $
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 City of Redlands
Public Works Department
P.O. Box 3005
Redlands, CA 92373
Consultant Hicks & Hartwick, Inc.
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
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 performing the Services covered by the Agreement. Said public liability and
property damage insurance shall be in a minimum combined single limit of$1,000.00
per occurrence. The City shall be named an additional insured on the insurance
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IN coverage for
g public liability and property damage, and such insurance shall be
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IN 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
William R. Schmidt Project Surveyor
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 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 contract
or not an employee of City. All qualified personnel provided by Consultant pursuant
o 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 o
r 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 & HARTWICK
By
Mayor
Date_ September 5 1995 Date
ATTEST:
City Jerk
4
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 Eureka Street between
Redlands Boulevard and Pearl 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, landscaping details with irrigation facilities, and retaining
walls as necessary; drainage details including hydrology analysis, and culvert designs
as may be required for the complete design of Eureka Street between Redlands
Boulevard and Pearl Avenue. The necessity and inclusion of geotechnical work is not
anticipated and is not included in this scope of work.
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.
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EXHIBIT "C"
FEE PROPOSAL
Consultant proposes to perform the engineering services for the design of improvements to
Eureka Street between Redlands Boulevard and Pearl Avenue in accordance with the Scope
of Services as listed on Attachment "A", Scope of Services for the not to exceed fee of
$25,000.
CITY OF REDLANDS HICKS & HARTWICK
001
Mayor, City of Redlands
ZT-�4
Date: September 5, 1995 Date:
ATTEST:
By:
City ler
'
'pni 13. '995
ATTACH 1`0 EINT RATE SCHEDULE
HicKs & Hanvvcx, mc, Rate 3neou|e
JameaW. Hicks
-------- ....... ......___............------- ................... .......—'$75.00
Homkj R. Hortwok
-----------------------------'--------37S.00
Riley C. Clark
........... ....................____...........................................................................$S5.00
V@Uiarn R. Schmidt
----.................................. ................................. .............................$G5.OU
Mark S ��dma
S. . ................................ ............... ................................................................$5O.OD
Mark S. VVhdmer(2 man field crew) .............................................. ...................................$11O.00
Designer~ ''----'----------- ............................................... ............................$55.OD
Drafting...................................................... .........................................................................$45.00
Printing & Reproduction (at cost)