HomeMy WebLinkAboutContracts & Agreements_94-2005_CCv0001.pdf SECOND AMENDMENT TO AGREEMENT TO FURNISH ENINGEERING
SERVICES FOR STREET IMPROVEMENT PLANS FOR SAN
BER',\'ARDIN0 AVENUE AND WABASH AVENUE NEAR THE
REDLANDS SPORTS PARK
This second amendment(this"Second Amendment")to the Agreement to furnish Consulting
Services for street improvement plans for San Bernardino Avenue and Wabash Avenue near the
Redlands Sports Park dated April 16,2002(the"Agreement"),by and between the City of Redlands,
a municipal corporation("City")and Hicks&Hartwick,Inc.("Consultant")is made and entered into
this 17"' day of May, 2005.
RECITALS
WHEREAS, it is the desire of City and Consultant to amend their existing Agreement to
change the scope of services to be provided by Consultant;
NOW, THEREFORE, the Agreement between City and Consultant is hereby amended as
follows:
Section 1. Exhibit"A"of the Agreement, is hereby amended to include within its scope the
additional professional design services to modify Wabash Avenue as detailed in Exhibit"I"dated
May 4, 2005, of this Second Amendment.
Section 2. The additional professional design services shall be completed for a total cost of
I
55,000, as more fully detailed in the attached Exhibit "I" to this Second Amendment.
Section 3. All other sections of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have executed this Second Amendment,to be effective
as of May 17, 2005.
CITY OF REDLANDS ATTEST:
A
-,Van Peppler, Mayor" Lorrie Poyzer, City Clerk By
Beatrice Sanchez, Deputy City Clerk
Hicks & Hartwick, Inc.
Jam 'N7. Hicks
H HARTWICK, INC.
May 4, 2005 EXHIBIT"1"
Bill Hemsley
City of Redlands
Public Works Department
P.O. Box 3005
Redlands, CA 92373
RE: Modify Street Improvement Plans for Wabash, San Bernardino, and Dearborn F-1648.
Hicks & Hartwick, Inc. proposes the following scope of work as directed by Public Works Department:
SCOPE OF WORK
1. Modify or eliminate sheets 2, 6, 7, 8, 9, 10, 13, 20, 21
EXCLUSIONS TO SCOPE OF WORK
1. Reimbursable costs per Appendix"A".
2. Bid document package
3. Electronic files
4. City fees
FEES AND TERMS
Hicks & Hartwick, Inc. proposes to perform the above scope of work on a time and materials basis for a
not to exceed fee of $5,000.00 in accordance with the terms and conditions in Appendix "A" attached
hereto and incorporated and made part of this agreement.
Thank you for the opportunity of making this proposal.
Sincerely,
Hicks Hartwick, Inc.
mes icks
RCE 23362
CIVIL ENGINEERS 37 E.Olive Avenue Suite C (909)793-2257
LAND SURVEYORS Redlands California 92373 fax(909)792-3763
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ACCEPTED:
By:
Print Name:
Title:
Date:
CIVIL ENGINEERS 37 E.Olive Avenue (909)793-2257
LAND SURVEYORS Redlands California 92373 fax(909)792-3763
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APPENDIX"A"
"Fine Print"
Appended to and part of Agreement for Professional Services between Hicks& Hartwick, Inc.and City of Redlands, dated May 4,
FEES FOR PROFESSIONAL SERVICES:
Services outlined under Extra Services shall be provided on a time basis computed as follows:
1. Principal................................................................................................ .......................... ........................................... $145.00
_ Engineer.............................................. ........................ ..................................................................... .............................. .....$104.00
_ _ ___—__—__—.--_—__---__----------------- $7O�Ooo81l0
4. Drafters ----------'
--------------------------------------� $68�V
5 Twomanuu�oycmw --------------------
------------------------------ ' *138�U
� Thmemonouneyomw --' --------------`---�
-------------------------------- *1V1D0
� Gec���---_. _ --------------�
_ ________________________________—__------------------'$55,00
REIMBURSABLE COSTS:
The following costs shall bereimbursed oucost(plus 10%)and are not included mthe Fees for Professional Services:
1- Costs orcopies ordrawings,specifications,reports,and cost estimates;xerography and photographic reproduction ordrawings
and other m
erdooumenfumishedorp,epamuinconneodonwimmowm*ufmiscuntrou
2� Cost ofcommercial carrier and public transportation, lodging, car rental and parking '-ubsisuanoeand out-uFpookat*xpenonv
pdva*aaummobi|ouava|at$35pa,mi|e. �
3. Cost ofpostage and shipping expenses other than first class mail.
4� Long distance telephone and telegraph charges.
5. Fees for additional special consultants retained with the approval orClient.
EXTRA SERVICES:
1, Extra Services shall beprovided onatime basis computed aalisted above.
2. Extra Services are any item not listed in the scope of work of the proposal, including revisions and changes to the drawings
after their approval bythe designated responsible person,
3. Any changes requested by the client will be verified with o change order form completed by Hicks and namwiok Inc.; no
revisions will without '
INVOICES AND PROGRESS PAYMENT:
1. All work will be progress invoiced and billed nnamonthly basis.
z. Reimbursable Costs shall b*billed with each invoice.
ACCOUNTS:
Accounts are payablenet3Odayshomthodaxao(invnicmatmCx8&*ARTW|CK.|wC'snfficeinneu|undn Cx service charge
or1.5pemeotu/invoice amount per monmorpm�ono[momhwinbeappUodouaKaoco n�notpaidnimin3' doys''K\ofinvoice date.
RIGHT TO SUSPEND SERVICES:
HICKS & HARTVv|CK. INC. shall. have the right to suspend oomiooa on this pn8om if(a)the pomoa have not executed e written
contract for HICKS & H4RTVv|CK. |NC.'uservices and unpaid invoices have been rendered with enaggregate balance exceeding
$1,000.00;or(b)unpaid project invoices over 60 days old exceed$1,000.00 in the aggregate,
AUTHORIZATION TO PROCEED:
If HICKS & HARTYV(CK. INC. is authorized to commence and/or continue providing its oen,ioem on the pnVom either orally orin
wdting, prior to execution of written oontmct, such authorization shall be deemed an acceptance of this proposal, and all such
services shall be provided and compensated for in a�on1annewith the venna and conditions contained herein o though this
proposal were fully executed Uythe Client.
OWNERSHIP OF DOCUMENTS
Original drawings and other documents,aoinstruments nfservice,are m of HICKS&w*RTVV|Cx INC. None o[them ae
^obeused nnome,pn�oc�e�ep^$ywhmmnagreement u/HICKS 8 - ---|` - oompmu�c/b|' set nrfinal uuouman�
wiUbo�mioxeduzClient upon mqussta,cost plus 1O�6. - ` INC.� ~
CIVIL ENGINEERS 37 E.Olive Avenue
L4NuSuavEYORSxed|ondCa/domiag23r3 �u�V8)79»�uSr
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FORCE MAJEURE
HICKS&HARTWICK, INC.shall not be responsible for any delay in the performance or progress of the work,or liable for any costs
or damages sustained by Client resulting from such delay, caused by any act or neglect of the Client or Client's representatives,or
by any third person acting as the agent, servant or employee of Client, or by changes ordered in the work, or as a result of
compliance with any order or request of any federal, state or municipal government authorit or an
therefor, or by acts of declared or undeclared war orb Y y person purporting to act
or by any other cause eyond the
control and without the fault or negligence of HICKS&HARTWICK, INC. In therevent of any delay,HICKS&HARTWICKb INC.shall
proceed with due diligence to alleviate such delay and continue performance of all obligations under this Agreement. The time
during which HICKS& HARTWICK, INC. is delayed in the performance of the work,shall be added to the time for completion of its
services to the extent such time is specified in this Agreement. All additional costs or damages resulting from any delay in the
performance or progress of the work caused by any act or neglect of Client,its agents or representatives,shall be borne entirely by
the Client. Should work progress be halted through no fault of HICKS&HARTWICK, INC.,HICKS&HARTWICK, INC.shall be paid
for all services rendered to date.
HAZARDOUS WASTE:
Client shall indemnify and hold harmless HICKS&HARTWICK,INC.and its consultants,agents and employees from and against all
claims,damages,losses,and expenses,direct and indirect,or consequential damages,including but not limited to fees and charges
of attorneys and court and arbitration costs, arising, out of or resulting from the performance of the work by HICKS & HARTWICK,
INC., or claims against HICKS & HARTWICK, INC. arising from the work of others, related to hazardous waste. The above
indemnification provision extends to claims against HICKS&HARTWICK, INC,which arise out of,are related to,or are based upon
the dispersal, discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic-chemicals, liquids,
gasses,or any other material, irritant,contaminant or pollutant in or into the atmosphere,or on,onto, upon, in or into the surface or
subsurface soil,water or water-courses,objects,or any tangible or intangible matter,whether sudden or not.
ARBITRATION:
Any controversy or claim arising out of or relating to the formation, interpretation, application, enforceability, or breach of this
Agreement, including disputes as to which persons or entities may be liable hereunder, shall be settled by arbitration at San
Bernardino,CA.in accordance with the rules of the American Arbitration Association,and judgment upon any award rendered by the
arbitrator may be entered in any court having jurisdiction thereof The prevailing party in any such arbitration shall be entitled to
recover arbitration costs and reasonable attorney's fees,as determined by the arbitrator(s),in addition to any other relief available.
LAW:
This Agreement shall be interpreted and enforced according to the laws of the State of California.
SUCCESSORS AND ASSIGNS:
It is mutually understood and agreed that this Agreement shall be binding upon Client and its successors and assigns and upon
HICKS&HARTWICK, INC., its successors and assigns. Neither party shall assign nor transfer its interest in this Agreement or any
part thereof without the written consent of the other party.
LIABILITY INSURANCE
HICKS & HARTWICK, INC. maintains professional liability insurance for their protection, HICKS& HARTWICK INC. shall not take
any action called for by this agreement or arising from the course of this project which shall cause loss of HICKS & HARTWICK
INC.'s professional liability coverage for this project or any aspect of it.
LIMITATION OF LIABILITY
In Recognition of the relative risks and benefits of the project to both the Client and HICKS&HARTWICK, INC.and to the maximum
extent permitted by law, the Client agrees to limit HICKS & HARTWICK, INC.'s liability for the Client's damages to the sum of
$25,000.00 or the HICKS&HARTWICK,INC.'s fee,whichever is greater.This limitation shall apply regardless of the cause of action
or legal theory pled or asserted.
TERM:
It is understood that these services may be terminated upon 10 days written notice for good reason by either party, In this event,
HICKS&HARTWICK, INC.shall be compensated for all work performed prior to date of termination at the rates set forth above.
REVOCATION:
This proposal shall be considered revoked if acceptance is not received within(30)days of the date hereof.
CIVIL ENGINEERS
LAND SURVEYORS 37 E.Olive Avenue (909)793-2257
Redlands California 92373
fax(909)792-3763