AGR-6370.2.1 - SECOY ARCHITECTS INC - FIRST AMENDMENT TWO WALLS ADDED TO CITY COUNCIL DAISAG,R- U370-a-I
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
Architectural Services]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the
First Amendment") is made and entered into as of i 1 2020, by and between the
CITY OF ORANGE, a municipal corporation ("City ), and SECOY ARCHITECTS, INC., a
Califomia corporation ("Contractor"), with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement
No. 6370.2) dated as of February 5, 2020, which is incorporated herein by this reference (the
Original Agreement"); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by revising the Scope of Work and
increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross -References. City and Contractor agree that all references in this
First Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this First Amendment.
Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A
of the Original Agreement, is hereby amended, modified and supplemented to include the services
described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not -to -exceed compensation for the services to
be rendered as set forth in Section 2.a of the Original Agreement is increased by ONE
THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($1,500.00) and Section 2.a is hereby
amended in its entirety to read as follows:
Contractor's total compensation for all services performed under this Agreement,
shall not exceed TWELVE THOUSAND SIX HUNDRED DOLLARS and 00/100
12,600.00) without the prior written authorization of City."
Section 5. Authority of City Manaeer. Pursuant to Section 3.08.430 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Contract to adjust the compensation as provided herein.
Section 6. Integration. This First Amendment amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency between
the terms and provisions of this First. Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day
first above written.
CONTRACTOR" "CITY"
SECOY ARCHITECTS, INC., CITY OF ORANGE, a municipal corporation
a California corporation
By.
Printed Name:
Title:
APPROVED AS TO FORM:
V—L4—
Mary E. B' ing
Senior Assistant City Attoru)
NOTE: If Contractor is a corporation, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice -President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate offeer holds
more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
the City.
EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
Behind this page.]
SHUCRI "CHUCK" 1. YAGHI
Consulting Engineers: Residential & Commercial
112 E. Chapman Ave, Suite D, Orange, CA 92866 TEL: 7141997-9120 FAX: 714/744-3676
Project: TWO NEW WALLS ADDED TO DAIS PER PLANS RECEIVED ON
ADDITIONAL TERMS AND CONDITIONS:
1. All services not marked above shall be excluded from this contract.
2. Engineer will in no way be responsible for how contractor's (work) is performed, job safety, methods
of performance or timeliness in the performance of his work.
3. Engineer shall not be liable for errors made by Client, his agents or employees, in the transposing or
re -copying of Engineer's calculations and sketches on to other drawings. Client further agrees to
identify and hold Engineer harmless from any and all claims or liabilities arising from such errors.
4. Contractor shall be required to obtain and maintain for the full period of the contract and guarantee
All Risk" Insurance to ensure protection required in paragraph 2 above. Said insurance shall be in a
form which is acceptable to the Engineer, and must include the Engineer as additional insured.
5. The client agrees to limit the Engineer's liability to the client and to all construction contractors and
sub -contractors on the project due to the Engineer's negligent acts, Errors or Omissions such that the
total aggregate liability of the Engineer to all those names shall not exceed the amount of Engineer's
fee.
6. Engineer's work shall be based on information supplied to him by client or at the Client's direction.
Engineer shall not be held responsible for accuracy of such information or omission of pertinent
information.
7. The Engineer does not guarantee the accuracy of any statement or estimates of probable
construction costs.
8. Engineer shall not be held answerable for damages caused by delays in his performance, which arise
out of events beyond his control.
9. Client agrees to hold the engineer harmless from errors or omissions the Client creates while carrying
out his duties.
10. All Drawings, specifications and other work products of the Engineer for this project are instruments
of service for this project only and shall remain the property of the Engineer whether the project is
completed or not. Re -use fee is negotiable.
11. Delinquent payments shall bear interest from the due date of payment at the rate of eighteen percent
18%) per annum simple interest, or the maximum legal rate. Due dates shall not be later than 10
days following the statement date. Any payment not received within 30 days of statement date will be
cause for cessation of all work on the project by this office.
12. Reimbursable expenses include actual expenditures made by Shucri (Chuck) I. Yaghi, Consulting
Engineers in the interest of the project, plus a 15% fee for the administration of those expenses.
Reimbursable expenses include but not limited to: reproductions; blueprinting; and transportation.
13. Should any party bring legal action to enforce any provisions of this agreement, the prevailing party
shall recover the costs of suits and reasonable attorneys fees.
14. If the project is put on "hold" for any reason for 45 days or more, through no fault of the Engineer, the
fee on the balance of the work shall be renegotiated, and the Client Is liable for the amount of work
already performed by the Engineer.
15. This proposal is valid for 45 days only. If there is no project in progress within 45 days, the project is
void.
SHUCRI "CHUCK" 1. YAGHI
secoy architects, inc Consulting Engineers: Residential & Commercial
112 E. Chapman Ave, Suite D, Orange, CA 92666 TEL: 714/997-9120 FAX: 714/744-3676
FEE PROPOSAL
To: SUSAN SECOY- TEL: (714) 6394367
Attention:
The following is our proposal to provide engineering services as indicated below for:
TWO NEW WALLS ADDED TO DAIS PER PLANS RECEIVED ON 314/2020.
ORANGE COUNCIL CHAMBERS
ORANGE, CA.
Only those services checked below are to be provided:
Structural calculations, sketches, and specifications for major structural elements of the project.
Client to prepare structural drawings.
Complete structural drawings.
Checking of structural shop drawings for off -site prefabricated structural elements, specifically
excluding shop or placement drawings for concrete reinforcement steel.
Visits to the site at intervals appropriate to the various stages of construction.
Structural corrections as required by the Building Dept. and back check of drawings.
Reviewing and signing of structural drawings subject to the limitations and provisions set forth in
number three (3) on back.
Other:
1) FIELD VISIT.
The fee shall be: ($ 1.500.00)
The payment schedule for the fee shall be:
1. Retainer: 50%
2. Upon Completion of Engineering: 50%
The above proposal, including all terms and conditions set forth herein and on back Is entered in the City
of Orange on: 3/6/2020
Date) (Time)
Sincerely, Client's Acceotance:
If this proposal is acceptable, please sign and return one copy with
Check for Retainer.
BY:
Please Print Name)
Signature)
160 south cypress street orange Wilmia 92866 let 714.639,4367 suw(n PsewyarcMtects.com .secoyarchiteolsxom