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HomeMy WebLinkAboutCrawford & Associates, Inc 2017-08-13; Amendment 2 2018-09-19COU # 1718'l 28' , r — CITY OF UKIAH AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CRAWFORD & ASSOCIATES and THE CITY OF UKIAH This Amendment No. 2, entered on September 19, 2018, revises the Agreement for Professional services dated August 13, 2017 between the City of Ukiah and Crawford & Associates, Inc., for professional consulting services relating to on-call planning services. This Amendment No. 2 authorizes Crawford & Associates to utilize Jacobszoon and Associates as a sub -consultant for environmental services per Attachment 1. This additional scope will not add to the overall available amount of the contract, which remains unchanged at a not -to -exceed amount of $50,000. Except as expressly amended by this Agreement, all other terms and conditions of the agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON THE EFFECTIVE DATE: CRAWFORD & ASSOCIATES, INC. BY: PRINT NAME: BENJAMIN CRAWFORD, PRESIDENT CITY OF UKIAH DATE: 10 ATTEST 7. (/1/il BY: , ;;' i'43 �, DATE: /C - /0 1 KRISTINE LAWLER, CITY CLERK This form of.yr.em.nt►s dtmmutea by ACEC Attachment 1 1 Consultant Mat IIL 6PG Sut tns1Aant Initials AGREEMENT BETWEEN CONSULTANT AND SUBCONSULTANT This form of agreement (Form C) was developed by the American Council of Engineering Companies of Califomla and is intended primarily for the use of ACEC California members and may not be reproduced without the permission of ACEC Califomia. © 2013, 2010, 2009, 2008, 2003, 2001, 1998, 1989. Project No. 17-421.1 Agreement entered into at Ukiah, CA on this date of September 19, 2018 by and between: Crawford & Associates Inc. (Consultant and Jacobszoon & Associates, Inc. (Subconsuitantt Consultant: Crawford & Associates, Inc. Subconsultant Jacobszoon & Associates, Inc. Name: Ben Crawford Name: Randy Jacobszoon Address: 100 N. Pine Street Address: 117 Clara Avenue City, St, Zip: Ukiah, CA 95482 City, St. Zip: Ukiah, CA 95482 Phone: (707) 234-4878 Phone: (707) 485-5544 Fax: Fax: Email: julie.price@crawford-inc.00m Email: aliciaivesringstad@gmail.com License No: License No: Consultant and Subconsultant agree as follows: A. Consultant retains Subconsultant to perform services for: hereinafter called "project?' Vichy Hills Trail Project B. Subconsultant agrees to perform the following scope of services: See Exhibit A C. Consultant agrees to compensate Subconsultant for such services as follows: See Exhibit A D. This agreement is subject to the General Terms of Agreement for Subconsulting Services contained in paragraphs 1 through 12, and the provisions of the exhibits attached hereto and made a part hereof. (List exhibits below.) The subconsultant will be bound to the same terms as the agreement between the Consultant and the City of Ukiah effective October 17, 2017 Form C Page 1 of 3 Consultant rnNols Subcrosuhenl In%ie's GENERAL TERMS OF AGREEMENT FOR SURCONSULTTNG SERVICES Consultant and Subconsuitant agree that the following provisions shall be part of this agreement: 1. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Consultant and Subconsultant. 2. This agreement shall not be assigned by either Consultant or Subconsultant without the prior written consent of the other. Neither Consultant nor Subconsultant shall assign claims arising from the agreement without the prior written consent of the other. 3. This agreement contains the entire agreement between Consultant and Subconsultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force or effect, Subsequent modifications to this agreement shall be in writing and signed by both Consultant and Subconsultant. 4. This agreement shall be governed by and construed in accordance with the laws of the State of California. 5. Consultant and Subconsultaut agree to cooperate with each other in order to fulfill their responsibilities and obligations under this agreement. Both Consultant and Subconsultant shall endeavor to maintain good working relationships among members of the project team. 6. Subconsultant shall perform services as an independent contractor and shall perform the services provided for in this agreement in accordance with generally accepted standards of professional practice in effect at the time of performance. 7. Unless provided otherwise by the provisions of paragraph C, Subconsultant shall submit monthly invoices to Consultant. Subconsultant recognizes that his or her invoices will be presented by Consultant to the project client and that Consultant will pay Subconsultant the amount due for services rendered and expenses incurred within fourteen (14) calendar days after Consultant is paid by the project client. Nothing contained in this paragraph shall constitute a waiver or release of Subconsultant's mechanic lien rights. 8. Before any services are provided under this agreement, Subconsultant shall procure and maintain in effect insurance coverage in amounts not less than set forth below. (a) Workers' Compensation and Employer's Liability: as required by the laws of the State of California. (b) General Liability: commercial general liability insurance for personal and bodily injury, including death and property damage, on an occurrence basis, in the amount of $ 1.000,000 combined single limit each occurrence and in aggregate. (c) Automobile Liability: automobile liability for personal and bodily injury, including death and property damage, in the amount of $ 1.000,000 for each accident. (d) Professional Liability: professional liability insurance for damages incurred by reason of any actual or alleged negligent act, error or omission by Subconsultant in the amount of $1,000,000 each claim and annual aggregate. (e) Certificates: Subconsultant shall provide certificates of insurance evidencing coverage required above. Each certificate shall provide that the coverage afforded shall not be cancelled or ordered reduced by the Subconsultant, except with at least thirty (30) days' prior written notice to the Consultant. Should this occur, Subconsultant shall procure and furnish to Consultant prior to such effective date new certificates conforming to the above coverage requirements. Subconsultant shall not have the right to receive any payment under this agreement until all insurance certificates are received by Consultant. 9. Consultant and Subconsultants agree, to the extent permitted by law, to indemnity and hold harmless each other, their officers, directors and employees from and against all claims, losses, demands, damages or costs, including Form C Page 2 of 3 Canwkenntt (sties t3 Subconsukenl Inibe(e attorneys fees that are ultimately determined by a court to be caused by and only the extent of, the actual negligent acts, errors or omissions of either Consultant or Subconsultant or anyone else for whom Consultant or Subconsultant is liable, arising out of the performance of this agreement. 10. Consultant may terminate Subconsultant's performance under this agreement, with or without cause, upon written notice. Consultant shall compensate Subconsultant for performance of services through the period prior to termination, plus reasonable termination expenses, provided Subconsultant is not in default. 11. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect and are binding on Consultant and Subconsultant. 12. In aneffort to resolve any conflicts between Consultant and Subconsultant arising out of or relating to the performance of this agreement, Consultant and Subconsultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. This dispute resolution provision shall not preclude either party from filing a legal action in small claims court if the amount in dispute is within the jurisdiction of the small claims court, nor docs it preclude or limit the right to perfect or enforce applicable mechanic's lien or stop notice remedies. IN WITNESS WHEREOF, the parties hereby execute this agreement upon the teens and conditions stated above. Consultant: Crawford & Associates, Inc. Subconsultant: JaQopszoon & Associates, Inc. By: /2--- Name: _. Name: President Title Date Signed:.._.... y ib Ben Crawford r By: Name: Randy Jacobszoon Title: -)P°51441 Date Signed: 912 I I I g Subconsultant should mail completed contract to the address shown for Consultant. Form C Page 3 of 3 Exhibit A JACOBSZOON & ASSOCIATES, INC. natural resource planning & management September 19, 2018 Julie Price Crawford & Associates 100 North Pine St. Ukiah, CA 95482 Re: Scope of Work for a Wildlife Survey for the Vichy Hills Trail Area in Ukiah, CA 95482 Dear Julie: As per your request, a scope of work has been prepared by Jacobszoon & Associates, Inc. for the above referenced project. Scope of Work • Project communication and coordination with the Client- approximately 2 hours • CNDDB and CNPS research for listed species prior to site visit- approximately 8 hours • Wildlife survey at site- approximately 8 hours • Wildlife survey report and map- approximately 16 hours Total hrs. = 34 hours @ $110/hour= $3,740.00 Time and Materials Fee The project cost for the above referenced services $3,740.00. This project cost does not include any development of mitigations if any animal species are found within the project area or if additional surveys need to be conducted, such as, aquatic species surveys, nesting bird surveys, etc. If you have any questions, please do not hesitate to contact me. Sincerely, Alicia Ives Ringstad Senior Wildlife Biologist Jacobszoon & Associates, Inc. 117 Clara Ave. Ukiah, California 95482 707-485-5544 www.iaforesirv.com fax: 707-485-5577