HomeMy WebLinkAboutC-4734 - PSA for Geotechnical and Grading Plan Review ServicesM
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
BAGAHI ENGINEERING, INC.
FOR GEOTECHNICAL AND GRADING PLAN REVIEW SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERV AGREEMENT
AGREEMENT
("Amendment No. One"), is entered into as of this � day of , 2012, by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"),
and BAGAHI ENGINEERING, INC. a California corporation whose address is 71 Great
Lawn, Irvine, California 92620 ("Consultant"), and is made with reference to the
following:
RECITALS:
A. On February 10, 2011, City and Consultant entered into a Professional Services
Agreement ("Agreement") for geotechnical, grading and Water Quality
Management plan review services ("Project").
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement, to increase the total compensation to get to the
end of the Fiscal Year, June 30, 2012.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION
The introductory paragraph to Section 4 of the Agreement [as amended] shall be
amended in its entiretyr and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to -exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates attached to the Agreement.
Consultant's total amended compensation for all work performed in accordance with this
Agreement including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and no/100 ($120,000.00) without prior written
authorization from City ("Total Amended Compensation"). No billing rate changes shall
be made during the term of this Agreement without the prior written approval of the City.
1.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. One, including all reimbursable items and sub -
consultant fees, in an amount not to exceed Twenty Thousand Dollars and
no/100 ($20,000.00), without prior written authorization from City.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement as amended shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
CITY A RNEY'S OFFICE
D
Aaron C. Harp
City Attorney
ATTEST:
Date:_ V
By:
4
Leilani I. Brown
City Clerk
document2 11.29.11
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 411[l -L
By:
Dave RIQ
City Manager
CONSULTANT: BAGAHI ENGINEERING,
INC., a California corporation
Date: -f/ ZL / z 2—
By -.
By:
Ken Bagahi
President and Treasure
t/1
BAGAHI ENGINEERING, INC. Page 2
1-17--�'4
PROFESSIONAL SERVICES AGREEMENT WITH
�} BAGAHI ENGINEERING, INC.
FOR GEOTECHNICAL AND GRADING PLAN REVIEW SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this day of ^ 2011by and between the CITY OF
NEWPORT BEACH, a California Municipal�6orpor�tion ("City"), and BAGAHI
ENGINEERING, INC., a California corporation, whose address is 71 Great Lawn, Irvine
California, 92620 ("Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City's Building Department requires geotechnical, grading and Water Quality
Management plan review services in conjunction with the Building Permit plan
check process.
C. City desires to engage Consultant to provide geotechnical, grading and Water
Quality Management plan review services as requested by the City ("Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Ken Bagahi.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of January, 2014, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and
the Services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the Services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6) not later
than ten (10) calendar days after the start of the condition that purportedly
causes a delay. The Project Administrator shall review all such requests
and may grant reasonable time extensions for unforeseeable delays that
are beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Thousand Dollars and no/100 ($100,000.00), including
any adjustments to the rates based on increase of rate of pay or Consumer Price
Index adjustments, as further outlined below, without prior written authorization
from City. Unless provided for in this Agreement, no billing rate changes shall be
made during the term of this Agreement without the prior written approval of City.
4.1 Annual Hourly Rate Increase. Upon the first anniversary of the effective
date and upon each anniversary of the effective date thereafter,
Consultant's hourly rate shall increase by three percent (3%) in addition to
the Consumer Price Index adjustment, if any.
4.2 Annual Consumer Price Index Adjustment. Upon the first anniversary of
the effective date and upon each anniversary of the effective Date
thereafter, the rate to be paid by the City as set forth in Exhibit B shall be
adjusted in proportion to changes in the Consumer Price Index, subject to
the 2.5% maximum adjustment increase set forth below. Such adjustment
shall be made by multiplying the original rate by a fraction, the numerator
of which is the value of the Consumer Price Index for the calendar month
three (3) months preceding the calendar month for which such adjustment
is to be made and the denominator of which is the value of the Consumer
Price Index for the same calendar month one (1) year prior. For example,
if the adjustment is to occur effective June 1, 2011, the index to be used
for the numerator is the index for the month of March 2011 and the index
to be used for the denominator is March 2010. The "Consumer Price
Index" to be used in such calculation is the Consumer Price Index, All
Urban Consumers (All Items) for the Los Angeles Anaheim Riverside
Metropolitan Area, published by the United States Department of Labor,
Bureau of Labor Statistics (1982 84 = 100). If both an official index and
one or more unofficial indices are published, the official index shall be
used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in
such new index. In no event, however, shall the amount payable under
this agreement be reduced below the rate in effect immediately preceding
such adjustment. The maximum increase to the rate, for any year where
an adjustment is made in proportion to changes in the Consumer Price
Index, shall not exceed 2.5 % of the Rate in effect immediately preceding
such adjustment.
4.3 Invoices. Consultant shall submit invoices every two weeks to City
describing the Work performed the preceding period. Consultant's bills
shall include the name of the person who performed the Work, a brief
description of the Services performed and/or the specific task in the Scope
of Services to which it relates, the date the Services were performed, the
number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.4 Costs and Expenses. City shall reimburse Consultant only for those
costs or expenses specifically approved in this Agreement, or specifically
approved in writing in advance by City.
4.5 Extra Work. Consultant shall not receive any compensation for Extra
Work performed without the prior written authorization of City. As used
herein, "Extra Work" means any Work that is determined by City to be
necessary for the proper completion of the Project, but which is not
included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this
Agreement. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated KEN BAGAHI to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld
with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Director
or his or her designee as the Project Administrator and he or she shall have the
authority to act for City under this Agreement. The Project Administrator or his or
her authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims"),
which may arise from or in any manner relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the Work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to Work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the Work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non -renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50%) or more of the voting power, or twenty-five percent (25%) or more
of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the Work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any Services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
Work, data, Documents, proceedings and activities related to the Agreement for
a period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue Work as a result of such withholding.
Consultant shall have an immediate right to appeal to the City Manager or his/her
designee with respect to such disputed sums. Consultant shall be entitled to
receive interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the Work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the Work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
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in the United States mail, postage prepaid, first-class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Faisal Jurdi
Building Department
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658
Phone: 949-644-3277
Fax: 949-644-3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Ken Bagahi
Bagahi Engineering, Inc.
71 Great Lawn
Irvine, CA 92620
Phone: 949-552-2006
Fax: 949-552-2007
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant
shall be required to file any claim the Consultant may have against the City in
strict conformance with the Tort Claims Act (Government Code sections 900 et
seq. ).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non -defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to
information developed or accumulated
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
City all reports, Documents and other
n the performance of this Agreement,
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
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this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B:
Leonie Mulvihill 0'l
Assistant City Attorney
ATTEST:
By:
Leilani Brown,
City Clerk
P
0.
CITY OF NEWPORT BEACH,
A California Municipal Corporation
By: W,
Dana Smith
Assistant City Manager
CONSULTANT:
BAGAHI ENGINEERING, INC.
By.
Ken Bagahi,
President and Treasurer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Faisal\PSA Bagahi Engineering Geotechnical services 1-31-11.doc
13
EXHIBIT A — SCOPE OF SERVICES
Consultant shall provide the following Services pursuant to this Agreement:
• Provide geotechnical review of geotechnical reports and grading plans for
construction projects, ensuring compliance with the applicable City and
State codes and common engineering practices;
• Issuance of a correction(s) list, if necessary;
• Review corrected geotechnical reports and drawings until all corrections
have been resolved;
• Provide additional consultant Services to be conducted by Consultant
through the Building Department unless otherwise authorized by the
Building Official.
o The "consultant Services" mentioned above refer to the few instances per
year that may arise in which the contractor is expected to meet a customer
submitting plans/reports for the purposes of providing clarification on
suggested corrections, or to listen to appeals on corrections. Such
meetings shall occur at the City of Newport Beach Building Department
location in the presence of City Building officials.
• Review Water Quality Management Plan of prospective construction
projects, ensuring compliance with applicable City and State regulations.
PLAN CHECK TIMETABLE
Plan Check and Re -check processes shall be completed and returned to the City during
a period not to exceed the number of calendar days listed below, from the date the
plans/drawings are picked up by the Consultant from the City:
First Plan Check: 14 days
Re -check: 7 days
CITY OF NEWPORT BEACH
Request for Proposal
Building Plaza Check Services
Attachment D: Proposal Form
PROPOSAL COST :DATA SUMMARY
Plan Check. First Cheek
$7c)o,_jjja6, per check
Plan Check: Re -Check
$ 3 50. W per check
Virater Quality Management Plan: First
Check
g o 0 per check
Water Quality Management Plan: Re -Check
$ So, od per check
Consultation Sezwices
$ M rz per hour
Plan Check: First Check:
Please propose your rate per check for an initial Plan Cheek and subsequent corrections list
Plan Cheek: Re -Check:
Please, propose your rate per check for a Re -Check of plans and corrections
water Quality Maualzement Plan: First'Check and Re-Checic
Please propose your rate per check, following the same procedures for Plan Checks
Consultation Services:
The "consultant services" mentioned above refer to the few instances per year that may arise in
which the contractor is expected to meet a customer submitting plans/reports for the purposes of
providing clarification on suggested corrections, or to listen to appeals on corrections. Such
meetings shall occur at the City of Newport Beach Building Department location in the presence
of City Building officials. Please propose your pricing per hour for such services. Your proposed
rate should include all travel expenses.
The undersigned agrees to keep any and all pricing proposed in this bid docranent firm for a
period ofninety (90) days. In the event yourfirni is selected as the contractor, an official City
con t•act/agreernent will be drafted to protract this pricing for the duration of the contract period.
Signature/ Title
Building Plan Check Rli P
ri-_1'Cl i�- 4Xf ev a
Date
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