HomeMy WebLinkAboutC-2532(B) - Consultant Services to Design a Rehabilitation Project for the Ocean Front Boardwalki ,
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PROFESSIONAL SERVICES AGREEMENT FOR
CONSULTANT SERVICES TO DESIGN A REHABILITATION PROJECT
FOR THE OCEAN FRONT BOARDWALK
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THIS AGREEMENT is made and entered into this 9 day of Ju. ,
1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
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hereinafter referred to as "CITY", and AUSTIN- FOUST, INCORPORATED, California q.l•
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Corporation, hereinafter referred to as "CONSULTANT.
WITNESSETH:
WHEREAS, The City Council for the City of Newport Beach directed
staff, on April 13, 1987 to prepare a plan for rehabilitation and enhancement of
the existing Ocean Front Boardwalk, hereinafter referred to as "PROJECT"; and
WHEREAS, CITY has requested a proposal for preparation of plans and
specifications for "PROJECT "; and
WHEREAS, CONSULTANT has submitted a proposal for costs and services as
outlined herein below; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY engages CONSULTANT to perform the described services for
the consideration hereinafter stated.
B. CONSULTANT agrees to perform the described services in accor-
dance with the terms and conditions hereinafter set forth.
C. CONSULTANT agrees that all services required hereunder shall
be performed under his direct supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under State and
local law to perform such services. Consultant shall not sublet, transfer or
assign any work except as otherwise provided for herein or as authorized in
advance by CITY.
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II. SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT shall provide the following listed professional ser-
vices to CITY. A detailed explanation for said professional services is con-
tained and enumerated in CONSULTANT's proposal dated May 8, 1987.
CONSULTANT shall:
A. Provide project orientation and definition via meeting or
meetings with CITY staff to discuss the finished design product requirements and
to field determine the extent of maintenance and rehabilitation required.
B. Prepare base plans utilizing the existing aerial photography
to prepare 20- scale, plan view, strip maps of the entire "PROJECT° length.
Plans shall be on CITY standard sized (22V x 30 ") mylar plan sheets. One or
two strips per sheet will be acceptable. Plans shall be in a form suitable for
public bidding.
C. Provide field reconnaissance of the. entire "PROJECT" length,
utilize base maps and identify all locations requiring either maintenaAce`or
replacement. Prepare a written summary of the findings and results with the
estimated costs of both.
D. Prepare and provide any required special details not included
in CITY's standard plans and details which may be necessary
E. Prepare contract documents and special provisions for public
bidding of "PROJECT" and prepare a detailed Engineer's estimate with unit costs
breakdowns.
F. Provide any technical assistance necessary to evaluate
contract bids. Attend the pre - construction meeting with the contractor and pro-
vide information and assistance as required.
III. DUTIES OF THE CITY
In order to assist CONSULTANT in the execution of his respon-
sibilities under this Agreement, CITY agrees to provide the following:
A. Assist CONSULTANT during the field reconnaissance phase of the
work. Provide direction and assistance in determining the amount and location
of work required.
B. Provide background information and reports as have been pre-
viously prepared and which may be germane to the proper preparation and comple-
tion of the plans and specifications.
C. Provide or arrange for all personnel for field inspection
during the construction phases of the "PROJECT ". CONSULTANT's duties shall ter-
minate at the conclusion of the pre - construction meeting following the Award of
Contract.
IV. TIME OF COMPLETION
CONSULTANT shall commence work within one (1) week from the date
of execution of this Agreement, and shall complete the work as required to coin-
cide with CITY's Award of Contract for the construction of said *PROJECT" I
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V. OWNERSHIP OF DOCUMENTS
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Original drawings, reports, notes, maps and other documents
relating to the plans shall become the exclusive property of CITY and may be
reproduced as deemed necessary by the City Engineer or his duly authorized
representative. No report, drawing, map, document or other data given to or
prepared or assembled by CONSULTANT pursuant to this Agreement shall be made
available to any individual or organization by CONSULTANT without prior written
approval by CITY.
VI. RIGHT OF TERMINATION
A. CITY reserves the right to terminate this Agreement at any
time by giving CONSULTANT seven (7) days' prior written notice. Notice shall be
deemed served when delivered personally or upon deposit in the United States
mail, postage prepaid, addressed to CONSULTANT's business office at
9•a. 1456 North Tustin Avenue, Suite 108, Santa Ana, California 92701.
B. In the event of termination due to errors, omissions, or
negligence of CONSULTANT, CITY shall be relieved of any obligation to compensate
CONSULTANT for that portion of work affected by such errors, omissions, or
negligence of CONSULTANT. If this Agreement is terminated for any other reason,
CITY agrees to compensate CONSULTANT for the actual services performed up to the
effective date of the Notice of Termination, on the basis of the fee schedule
contained herein.
VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be
contracted or subcontracted without the prior written approval of CITY.
B. CONSULTANT shall not assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written consent
of CITY; provided, however, that claims for money due or to become due
CONSULTANT from CITY under this Agreement may be assigned to a bank, trust com-
pany or other financial institution, or to a trustee in bankruptcy, without such
approval. Notice of any such assignment or transfer shall be promptly furnished
by CITY.
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified ser-
vices, CITY hereby agrees to compensate CONSULTANT on an hourly basis as set
forth hereinbelow in the "FEE SCHEDULE". In no event shall said amount be
greater than the amount of Nine Thousand Five Hundred Fifty Dollars ($9,550)
except as otherwise provided for herein.
B. Fee Schedule:
Personnel
Traffic Engineer
Design Engineer
Traffic Technician
Senior Technician
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Hourly Rates
f 75.00
53.00
25.00
38.00
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C. The contract amount shall be paid to CONSULTANT in monthly
partial payments based on the actual hours of labor expended as determined by
the Project Engineer for CITY. The sum of the monthly partial payments shall
not exceed Ninety Percent (90X) of the maximum fee as set forth in paragraph
"A", hereinabove. The balance of the total amount earned shall be paid upon
completion of the work specified herein.
D. In addition, CITY agrees to reimburse CONSULTANT for the
actual cost of reproduction of copies of said plans and related documents, as
well as computer costs, filing fees, checking fees, and materials costs related
to the work being performed plus Fifteen Percent (15X) and for other related
costs authorized in advance by the City Engineer for CITY or his duly authorized
representative where such costs has been advanced by CONSULTANT.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be per-
formed by CONSULTANT shall be made without prior written approval from CITY. In
consideration for performance of additional services authorized by CITY in
writing, CITY hereby agrees to compensate CONSULTANT an amount based upon the
hourly rate shown in the FEE SCHEDULE; except that an increase in the total com-
pensation exceeding One Thousand Dollars ($1,000) shall require that an amended
agreement for such additional services be executed by CONSULTANT and CITY.
X. RECORDS
CONSULTANT shall maintain complete and accurate records with
respect to costs, expenses, receipts and other such information required by CITY
that relate to the performance of the services under this contract. All such
records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. CONSULTANT
shall provide free access to the representatives of CITY or its designees at all
proper times to such books and records, and gives CITY the right to examine and
audit same, and to make transcripts therefrom as deemed necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to
this Agreement.
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A. On or before the date of commencement of the term of this
Agreement,. CONSULTANT shall furnish CITY with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of
insurance policies. Such certificates which do not limit CONSULTANT's indem-
nification, shall also contain substantially the following statement: "The
insurance covered by this certificate may not be cancelled or materially
altered, except after Ten (10) days' written notice has been received by CITY."
B. CONSULTANT shall maintain in force at all times during perfor-
mance of this Agreement policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company assigned
Policyholder's Rating of "B" (or higher) and Financial Size Category Class XV
(or larger) in accordance with an industry -wide standard and licensed to do
insurance business in the State of California.
1. An appropriate industry -wide insurance rating standard
shall be deemed "BEST'S KEY RATING GUIDE," latest edition.
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C. CONSULTANT shall maintain the following minimum insurance
Liability Insurance
General liability coverage in the following limits:
Bodily Injury
Property Damage
$250,000 each person -
$500,000 each occurrence
$500,000 aggregate
$500,000 each occurrence
$500,000 aggregate
A combined single limit policy with aggregate limits in the
amount of $500,000 will be considered equivalent to the required minimum limits.
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils
for which it has agreed to provide insurance, CONSULTANT shall look solely to
its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any
insurer providing insurance to either CONSULTANT or CITY with respect to the
services of CONSULTANT, a waiver of any right of subrogation which any such
insurer of said CONSULTANT may acquire against CITY by virtue of the payment of
any loss under such insurance.
E. Failure to Secure
If CONSULTANT at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY shall be per-
mitted to obtain such insurance in CONSULTANT's name or as an agent of
CONSULTANT and shall be compensated by CONSULTANT for the costs of the insurance
premiums at the maximum rate permitted by law computed from the date written
notice is received that the premiums have been paid.
F. Additional Insured
CITY, its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional insured under all
insurance policies required under this Agreement. The naming of an additional
insured shall not affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured; and an addi-
tional insured named herein shall not be held liable for any premium or expense
of any nature on this policy or any extension thereof. Any other insurance held
by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy. Proceeds from
any such policy or policies shall be payable to CITY primarily, and to
CONSULTANT secondarily, if necessary.
XII. WAIVER
A waiver by CITY 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.
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XIII. COST OF LITIGATION
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If any legal action is necessary to enforce any provision hereof
or for damages by reason of an alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing
party all costs and expenses in such amount as the court may adjudge to be
reasonable cost of litigation.
XIV. 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
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and CONSULTANT.
XV. HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless, CITY, its City
Council, boards and commissions, officers, agents, servants, and employees from
and against any and all loss, damages, liability, claims, suits, costs and
expenses, whatsoever, including reasonable costs of litigation, regardless of
the merit or outcome of any such claim or suit, arising from or in any manner
connected to CONSULTANT's negligent acts, errors, omissions, or work conducted
pursuant to this Agreement or arising from or in any manner connected to persons,
firms or corporations furnishing or supplying work, services, materials, equip-
ment or supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
CITY OF NEWPORT BEACH,
APPROVED AS TO FORM: a Municipal Corporation
By ��,UAt- —
C-arol Korade Robert-L. Wynn
Assistant City Attorney City Manager
AUSTIN -FOUST ASSOCIATES, INC.
a California Corporation
By
Address and Telephone:
dent
City of Newport Beach Austin -Foust Associates, Inc.
3300 Newport Boulevard 1450 North Tustin Avenue
Newport Beach, CA 92663 -3884 Suite 108
(714) 644 -3311 Santa Ana, CA 92701
(714) 667 -0496
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