HomeMy WebLinkAboutC-2948(A) - Structural American Disabilities Act (ADA) Alterations, Consultant AgreementCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: September 19, 1994
SUBJECT: Contract No. C -2948
Description of Contract Consultant Agreement for Structural
ADA Alterations
Effective date of Contract September 19, 1994
Authorized by Minute Action, approved on September 12, 1994
Contract with Hutson & Partners
Address 471 Old Newport Blvd., Suite 302
Newport Beach, CA 92663
Amount of Contract (See Agreement)
"X� s
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
Ov
September 12, 1994
CITY COUNCIL AGENDA
ITEM NO.__lA___
• TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
tirp ,
SUBJECT: STRUCTURAL ADA ALTERATIONS (C -2948)
RECOMMENDATION: APPROVED
Authorize the Mayor and the City Clerk to execute a consultant
agreement with the firm of Hutson & Partners.
DISCUSSION:
The Americans with Disabilities Act (ADA) of 1990 mandates that
public agencies shall provide facilities that will be equally accessible to all
persons.
• In January of 1993, departmental staffs completed "self
evaluations" of City facilities to list, categorize and estimate construction
costs for removing barriers to disabled persons. Subsequently, staffs from
Building Department and Public Works Department compiled the lists into 3
distinct projects as follows:
Phase & ADA Category Target Completion Date Estimated Cost
1 - Readily Achievable* January 26, 1993 $170,000
2 - Priority Structural* January 26, 1994 $300,000
3 - Structural January 26, 1995 $500,000 **
combined contract being considered for award in today's agenda
TM* estimated amount for design and construction
To select consultants to prepare plans, specifications and
estimates (PS &E) for the 1st and 2nd phases of ADA alterations, staff
requested statements of qualifications from 8 local architectural firms. Only
two firms responded, both of which were well qualified to perform the ADA
• services. The City Council then awarded design contracts to the two firms,
and their work has been completed. A combined construction contract for
the 1 st and 2nd categories is being considered for award elsewhere in today's
agenda.
Staff now wishes to retain a design consultant to prepare PS &E for
the 3rd and final phase of ADA construction. Phase 3 alterations include
removing substantal barriers or reconstructing facilities at 9 sites as
described on the attached "FIELD EVALUATION" by Hutson & Partners.
0 •
SUBJECT: STRUCTURAL ADA ALTERATIONS (C -2948)
September 12, 1994
Page 2
Hutson & Partners, who provided an excellent job of performing •
consultant services for the 1 st Phase of ADA alterations under the firm name
of Hutson & Rome Partnership, has field reviewed staffs self evaluations and
submitted a proposal to prepare PS &E for Phase 3 (copy attached). Hutson's
services and hourly fees are listed, and their total fee is not to exceed
543,500. The City will be indemnified under Hutson's general and
professional liability insurance policies. Hutson will require approximately 15
weeks to complete their services.
The FY 1994-95 budget contains an appropriation for the design
and construction of the 3rd phase of ADA work. The balance of the
appropriation, when combined with the future estimated $250,000
appropriation to be requested in the FY 1995 -96 budget, will complete the
amount of funding required to remove all of the remaining identified barriers
at City facilities.
Staff recommends that Hutson be retained now so that PS &E may
be completed while the supplemental appropriation is requested for FY 1995- •
96 to fund the balance of Phase 3 construction. The final ADA contract may
then be awarded next summer, and work could begin in a timely manner next
September.
Benjamin B. Nolan
Public Works Director
Attachment
LD:so
• 0
August 31, 1994
Mr. Lloyd Dalton
Design Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92659 -1768
Re: Proposal - Structural ADA Alterations to City Facilities (C -2948) REVISED
Dear Mr. Dalton:
• It is with great pleasure that Hutson & Partners (H &P) submits this proposal to the City of
Newport Beach. Per your letter dated 8/15/94 and subsequent telephone conversations regarding
the scope of work we have revised our proposal as discussed and incorporated the revised
"structural" list in this proposal.
SERVICES
HP will provide the following services with regard to each item as determined by the city,
prepared and outlined in the ELIMINATION OF BARRIERS (revised 8/31/94) Per telephone
conversation. Solutions will be reviewed with the city staff for intent and alternative options as
deemed necessary.
1. Verify information of record in the field and collect other necessary field data as
required to prepare PS &E for all listed city facilities.
2. Prepare detailed PS &E which conform with the requirements of the 1991 Uniform
Building Code and applicable ADA regulations as interpreted by the CITY.
3. Prepare PS &E on full size mylar sheets as furnished by the city.
• 4. Prepare estimates for each item of work.
5. Provide clarification and in -the -field assistance if needed (but not construction
inspection nor contract administration), to resolve any design - related problems that
may arise during construction.
3333 W. Coast Highway, Third Floor
Newport Beach, California 92663
Tel. (714) 645-1825 Fax(714)645 -7276
9 0
City of Newport Beach ADA Proposal
August 31, 1994
Page 2 of 3
Consult with CITY staff and contractor as needed to complete the services listed •
above.
Review of all information and preliminary scope of work with city staff prior to
preparation of final PS &E.
During field review of identified barriers H &P may note for consideration by City
staff additional items which should be considered for alteration or removal. See
attached FIELD EVALUATION.
FIELD EVALUATION
We have physically inspected all of the locations that are indicated on the structural list and as a
result of this review and investigation we prepared a FIELD EVALUATION of the proposed
sites, (Attached). This evaluation which has additional observations and comments for removal
of the barriers at the locations indicated is intended to assist in final determination of the extent to
which facilities should be modified to meet ADA requirements. The evaluation indicates where
we feel that the city may want to increase the original estimate due to additional work that will be
required at the facility to comply with the Federal Requirements based on the ability of the existing
facility to accept certain modifications. These areas have changed the potential scope of work and •
therefor the fee for preparing the PS &E has been adjusted as well. These changes will require
some additional input from city staff for final evaluation but upon further investigation of the sites
and our telephone conversations I think that the proposed suggestions for change in scope will be
far less costly than totally rebuilding the restrooms in question, (Item no. 75 -03, 75 -07, 31 -04,
31 -06 & 31 -09).
INSURANCE
We have reviewed the information that accompanied the request for proposal and as such the
general liability policy will allow the city to be named as additional insured for the duration of the
consultants work. The firm is not required to carry workers compensation insurance as no
employees are currently employed at this time. Our policy carriers are as follows:
Commercial General Liability: New Hampshire
Total Limit: $1,000,000.00
• Professional Liability: CNA
Total Limit: $250,000.00
STANDARD AGREEMENT •
We have reviewed the City standard consultant agreement and have compared it to our previous
contract that was executed last year for similar work and would request that the consultant
agreement that was previously signed be revised for this project as noted on the attached copy.
City of Newport Beach AD Proposal
August 31, 1994
Page 3 of 3
• FEE
The total fee to provide PS &E for identified Structural items shall be $43,500.00 total fee not
to exceed. Please note that based upon our experience and our recent ADA elimination of
barriers project for the city (contract no. 2943) the final bid price was approximately 21%
above the CONSULTANTS estimate and over 40% above the CITY estimate. Based upon this
and the fact that the work is similar in nature and consists almost entirely of remodel work we
have based our fee on a range of construction cost ranging from 409,000 (see attached field
evaluation) to 490,800 for the above referenced work. This fee is not based on a percentage basis
but rather on the number of hours and costs that will be associated with this project. In addition,
please note that this fee includes reimbursable for the projects and will not be billed in addition to
the fee proposed. This fee includes costs for additional consultants such as structural,
mechanical, electrical, plumbing that may be required for a complete package. Additional services
shall be based on an hourly rate of:
Principal -
$85.0011-lour
Draftsperson -
$45.0011-lour
Clerical -
$30.00/Hour
• Time to complete the proposed scope of work shall be 12 - 15 weeks based on City staff review
and comments on the preliminary design criteria for structural modifications.
As indicated above we have requested that our previous agreement be used with the pertinent
changes for this project. This will allow our insurance carrier to issue the appropriate certificates
to the City of Newport Beach. We are able to start work immediately and will await your
response. Should you feel that the scope that has been proposed is not in character with the
City's ability to complete the project of exceeds the funds available for the project please contact
me immediately for revisions to the proposal or the scope of work. It is in our best interest as
well as the City of Newport Beach's to start with a manageable scope of work that fits the
budget. I hope this proposal meets with your approval and look foreword to hearing from you.
Sincerely,
L e R H tson,
Principal
40
• •
City of Newport Beach
FIELD EVALUATION
Dated: 8 -31 -94
Barrier
Department
Facility
Bamer
Comments
City of
H &P
No.
Description
N.B.
Adjustment
Original
Estimate
Estimate
Police
18-08
Police
Public
Remove second sink and revise toilet stalls to
$15,000
$15,000
Station
Restrooms
accommodate accessible stalls. Area is not
high traffic and should be able to accommodate
one stall.
General
Services
31 -04
Washington St.
Restrooms
Requires reduction of fixtures and remodel of
$30,000
$40,000
Restrooms
interior. Sinks not accessible entry not wide
enough for wheel chair access, etc. Suggest
complete interior remodel and miscellaneous
repairs. Structure appears to be OK but
suggest Termite inspection prior to renovation
to determine extent of structural modifications
if any. Site also requires accessible drinking
fountain.
31 -06
19th St.
Restrooms
Wood structure has dry rot at doors & windows
$50,000
$65,000
Restrooms
significant structural might have to be done and
storage area might be needed to comply with
ADA. Suggest remodel of facility including
new windows, doors, etc throughout. Without
expansion into storage area (not a part of this
contract) the number of stalls may be limited.
Suggest Termite inspection prior to
renovation. Site also requires accessible
drinking fountain.
31 -09
Buck Gully
Restrooms
Concrete block structure appears OK but access
$30,000
$50,000
Restrooms
to restrooms (asphalt drive) needs to be
completely re-done with new retaining wall.
Without expansion the number of stalls may
be limited. If restrooms are not increased in
size only one toilet will be accommodated
based on existing size. Suggest Termite
inspection prior to renovation. Site also
requires accessible drinking fountain. Showers
will have to be completely re-done if they are
maintained.
Marine
Department
2841
Balboa Pier
Slope @ Base
Demo existing ramp and provide new ramp
$5,000
$5,000
of Pier
with appropriate slope and handrails. to
telephone area.
28 -52
Balboa Pier
Parking Lot
Revise stair and handrails to comply.
$2,000
$2,000
Stairs
•
E
0
28 -53
Balboa Pier
Sand/Play Area
Revise stair and handrails to comply.
$1,000
$1,000
Stairs
28 -54
Balboa Pier
Stair Handrails
Revise stair and handrails to comply.
$2,000
$2,000
Parking Lot
A.,
61
Balboa Pier
Ramp from
Revise and re- construct ramp and handrails to
$2,000
$2,000
Main Lot to
comply.
Pier
Personnel
04 -01
Personnel
Women's
Modify existing men's restroom adjacent to
$30,000
$30,000
Restroom
city managers office to be new unisex toilet
room. Due to the size of the men's restroom
there is a potential to modify the space and
create (2) new unisex restrooms rather than (1)
oversize room.
P.B. & R.
75 -03
W. Newport
Stairs,
Remodel restrooms to be unisex and accessible
$50,000
$75,000
Community
Restrooms, DF
for both interior and exterior facilities. Install
Center
accessible drinking fountain down stairs.
Stairs to second level (3) are required to be
revised (no open treads) and handrails need
modifications and extensions.
75 -07
Mariners
Restrooms,
Renovate Exterior restrooms within existing
$50,000
$75,000
Community
Path to Equip.,
size constraints. If restrooms are not increased
Center
etc.
in size only one toilet will be accommodated
based on existing size. Site also requires
accessible drinking fountain.
0
Irvine Terrace
Restrooms,
Modify restrooms within existing building by
$50,000
$50,000
Park
DF, Picnic
reducing the number of fixtures. This does not
Table
appear to be a high traffic area and should be
able to support this type of modification.
Install new accessible drinking fountain, picnic
table and concrete path.
TOTAL
$319,000
$409,0001
E
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this /M 'j day of 40 J , ,
1994, by and between the City of Newport Beach a municipal
corporation (hereinafter referred to as "CITY "), and Hutson &
Partners, whose address is 471 Old Newport Boulevard, Suite 302,
Newport Beach, CA 92663 (hereinafter referred to as "CONSULTANT "),
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. The principal member of CONSULTANT is Lyle R. Hutson,
AIA.
C. CITY desires to engage CONSULTANT to provide professional
services for Structural ADA Alterations to CITY's facilities upon
the terms and conditions contained 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 upon the day of
execution shown above and shall terminate on the completion of all
services to be performed, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
CONSULTANT shall perform the tasks set forth in Exhibit "A ",
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed
pursuant to this Agreement in the amount and manner set forth in
Exhibit "B ", attached hereto and incorporated herein by this
reference.
4.
STANDARD OF
CARE
All
of the work
shall
be performed
by CONSULTANT or under
11
P
0
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 the 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. The CONSULTANT shall be
responsible to CITY for any errors or omissions in the execution of
this Agreement. CONSULTANT represents and warrants to CITY that it
has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. CONSULTANT further
represents and warrants that it shall keep in effect all such
licenses, permits and other approvals during the term of this
Agreement.
S. INDEPENDENT PARTIES
CITY retains CONSULTANT on an independent contractor basis and
CONSULTANT is not an 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
express terms of this Agreement. No civil service status or other
right of employment with CITY will be acquired by virtue of
CONSULTANT's services. None of the benefits provided by CITY to
its employees including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave are
available from CITY to CONSULTANT, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments or other purposes normally associated with
an employer - employee relationship from any fees due CONSULTANT.
Payments of the above items, if required, are the responsibility of
CONSULTANT.
6. COOPERATION
CONSULTANT agrees to work closely and cooperate fully with
CITY's designated Project Administrator and any other agencies
which may have jurisdiction or interest in the work to be
performed. CITY agrees to cooperate with CONSULTANT on the
2
9 0
project.
7. PROJECT ADMINISTRATOR
CITY's Project Administrator or his authorized representative
shall represent CITY in all matters pertaining to the services to
be rendered pursuant to this Agreement. The Projector Administrator
is Lloyd R. Dalton of the Public Works Department.
8. PROJECT MANAGER
CONSULTANT's Project Manager shall coordinate all phases of
the project and shall be available to CITY at all times.
CONSULTANT has designated Lyle R. Hutson, AIA to be its Project
Manager.
9. TIME OF PERFORMANCE
The task to be performed by CONSULTANT under and pursuant to
this Agreement shall be completed within 120 days from the date of
execution shown above. Additional time shall be allowed to
CONSULTANT for circumstances that arise that are beyond the control
of CONSULTANT. CONSULTANT shall receive no additional compensation
if completion of its obligation under this Agreement requires a
time greater than as set forth herein, unless such extension is
caused solely by the conduct of CITY. Each party hereby agrees to
provide timely notice to the other of any violation occurring under
this Section and the cause thereof.
F[��eIYY•iSUrM�iP1
CONSULTANT shall discuss and review all matters relating to
policy and project direction with the Project Administrator in
advance of all critical decision points in order to ensure that the
project proceeds in a manner consistent with the goals and policies
of CITY.
11. COMPLIANCES AND APPROVALS OF WORK
Work prepared by CONSULTANT shall comply with applicable CITY,
county, state and federal ordinances, laws, rules and regulations,
and shall be subject to approval of the Project Administrator.
1�0*11Ke1:7W
CONSULTANT is responsible to keep the Project Administrator
informed on a regular basis regarding the status and progress of
3
•
the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
13. HOLD HARMLESS
CONSULTANT agrees to indemnify, defend, save and hold harmless
CITY, its City Council, boards and commissions, officers and
employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses for damages of any nature
whatsoever including, but not limited to, bodily injury, death,
personal injury, property damages, attorneys' fees and court costs
arising from any and all negligent actions of CONSULTANT, its
employees, agents or subcontractors in the performance of services
or work conducted or performed pursuant to this Agreement.
CONSULTANT shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' fees,
accruing or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, equipment or
supplies arising from or in any manner connected to CONSULTANT's
negligent performance of services or work conducted or performed
pursuant to this Agreement.
14. INSURANCE
Without limiting CONSULTANT's indemnification of CITY,
CONSULTANT shall obtain and provide and maintain at its own expense
during the term of this Agreement policy or policies of liability
insurance of the type and amounts described below and satisfactory
to CITY. Such policies shall be signed by a person authorized by
that insurer to bind coverage on its behalf, and must be filed with
CITY prior to exercising any right or performing any work pursuant
to this Agreement. All insurance policies shall add as insured
CITY, its elected officials, officers and employees for all
liability arising from CONSULTANT's services as described herein.
Prior to the commencement of any services hereunder,
CONSULTANT shall provide to CITY certificates of insurance with
original endorsements and copies of policies, if requested by CITY,
2
0 0
from an insurance company 1) assigned a Policyholders' Rating A-
(or higher) and Financial Size Category Class VIII (or larger) , in
accordance with the latest edition of Best's Key Rating Guide:
Property- Casualty, and 2) currently authorized to transact business
of insurance in the State of California. The following coverages
shall be provided:
A. Worker's compensation insurance covering all
employees and principals of CONSULTANT, per the laws of
the State of California;
B. Commercial general liability insurance covering
third party liability risks, including without
limitation, contractual liability in a minimum amount of
$1 million combined single limit per occurrence for
bodily injury, personal injury and property damage. If
commercial general liability insurance or other form with
a general aggregate is used, either the general aggregate
shall apply separately to this project or the general
aggregate limit shall be at least twice the occurrence
limit;
C. Commercial auto liability and property
insurance covering any owned and rented vehicles of
CONSULTANT in a minimum amount of $1 million combined
single limit per accident for bodily injury and property
damage.
D. Professional liability (errors and omissions)
insurance in a minimum amount of $250,000.
Said policy or policies shall be endorsed to state that
coverage shall not be suspended, voided or canceled by either
party, or reduced in coverage or in limits except after thirty (30)
days' prior notice has been given in writing to CITY unless
cancelled for non - payment; then, notice shall be ten (10) days.
CONSULTANT shall give to CITY prompt and timely notice of a claim
made or suit instituted arising out of CONSULTANT's operation
5
0
hereunder. CONSULTANT shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its
own judgement may be necessary for its proper protection and
prosecution of the work.
CONSULTANT agrees that in the event of loss due to any of the
perils for which it has agreed to provide comprehensive general and
automotive liability insurance, CONSULTANT shall look solely to its
insurance for recovery. CONSULTANT hereby grants to CITY, on
behalf of any insurer providing general and automotive liability
insurance to either CONSULTANT or CITY with respect to the services
of CONSULTANT herein, 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.
15. PROHIBITION AGAINST TRANSFERS
CONSULTANT shall not assign, sublease, hypothecate or transfer
this Agreement or any interest in this Agreement, directly or
indirectly, by operation of law or otherwise without prior written
consent of CITY. Any attempt to do so without consent of CITY
shall be null and void, and any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of an
attempted assignment, hypothecation or transfer.
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, shall be construed as an assignment of this
Agreement. Control means fifty percent (So*-) or more of the voting
power, or twenty -five percent (250) or more of the assets of the
corporation, partnership or joint venture.
16. REPORTS
Each and every report, draft, work product, map, record and
other document reproduced, prepared or caused to be prepared by
CONSULTANT pursuant to or in connection with this Agreement shall
be the exclusive property of CITY.
3
0 0
No report, information 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 approval by CITY.
CONSULTANT shall, at such time and in such forms as CITY may
require, furnish reports concerning the status of services required
under this Agreement.
CONSULTANT's field notes, reports, plans, specifications,
estimates and other similar documents are instruments of
professional service, and upon CITY's payment for completed work,
shall become the property of CITY. CITY agrees to waive any claim
against CONSULTANT and to defend, indemnify and hold harmless
CONSULTANT from any claim or liability for injury of loss arising
from CITY's re -use of CONSULTANT's documents without CONSULTANT's
prior written authorization to do so.
17. CONFIDENTIALITY
The information which results from the services in this
Agreement is to be kept confidential unless the release of
information is authorized by CITY.
18. RECORDS
CONSULTANT shall keep records and invoices in connection with
its work to be performed under this Agreement. CONSULTANT shall
maintain complete and accurate records with respect to the costs
incurred under this Agreement. All such records shall be clearly
identifiable. CONSULTANT shall allow a representative of CITY
during normal business hours to examine, audit and make transcripts
or copies of such records. CONSULTANT shall allow inspection of
all work, data, documents, proceedings and activities for a period
of three (3) years from the date of final payment under this
Agreement.
19. CITY'S RESPONSIBILITIES
CITY shall furnish to CONSULTANT base maps, existing studies,
ordinances, data and other existing information as requested by
CONSULTANT, and materials in CITY's possession necessary for
CONSULTANT to complete the work contemplated by this Agreement.
7
0 0
CITY further agrees to provide all such materials in a timely
manner so as not to cause delays in CONSULTANT's work schedule.
20. EXTRA WORK
CONSULTANT shall receive compensation for extra work
authorized by CITY in an amount as specified by the parties at the
time authorization is given. Extra work shall be prior authorized
in writing by the Project Administrator, and CONSULTANT shall not
be entitled to extra compensation without such authorization.
21. REIMBURSEMENT FOR EXPENSES
CONSULTANT shall not be reimbursed for expenses unless
authorized in writing by CITY.
22. MONTHLY INVOICES
CONSULTANT shall submit invoices to CITY on a monthly basis in
accordance with CONSULTANT's schedule of fees contained in Exhibit
"B" hereof. Each invoice shall show the number of hours worked per
classification of CONSULTANT's personnel, and the nature of the
work performed.
23. PAYMENT OF COMPENSATION
CITY shall make payments to CONSULTANT within thirty (30) days
after receiving a monthly invoice unless CITY disputes the amount
CONSULTANT claims is owed under this Agreement.
24. WITHHOLDINGS
CITY may withhold payment 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 its work as a result of such withholding until a period
of thirty (30) days from the date of withholding has expired.
CONSULTANT shall have an immediate right to appeal to the City
Manager as such disputed sums. The determination of the City
Manager with respect to such matters shall be final. CONSULTANT
shall be entitled to receive interest on any withheld sums at the
rate of ten percent (10116) per annum from the date of withholding of
any amounts found to have been improperly withheld.
25. TEN PERCENT (100) WITHHOLDING
9
• •
CITY may withhold an amount equivalent to ten percent (100) of
the total compensation provided herein, to be released to
CONSULTANT upon completion of tasks set forth in Exhibit "A ". CITY
reserves the right to refuse to pay all billings requesting amounts
in excess of ninety percent (900) of the total compensation
provided herein until the project is completed as specified above.
26. NONDISCRIMINATION BY CONSULTANT
CONSULTANT represents and agrees that CONSULTANT, its
affiliates, subsidiaries or holding companies do not and will not
discriminate against any subcontractor, subconsultant, employee or
applicant for employment because of race, religion, color, sex,
handicap or national origin. Such nondiscrimination shall include,
but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
CITY reserves the right to employ other consultants in
connection with this project.
28. CONFLICTS OF INTEREST
A. CONSULTANT or its employees may be subject to
the provisions of the California Political Reform Act of
1974 (hereinafter referred to as "the Act ") , which (1)
requires such persons to disclose financial interest that
may be foreseeable affected by the work performed under
this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will
foreseeable financially affect such interest.
B. If subject to the Act, CONSULTANT shall conform
to all requirements of the Act. Failure to do so
constitutes a material breach of contract and is grounds
for termination of this Agreement by CITY.
29. SUBCONTRACTING
A. CONSULTANT shall not subcontract any portion of
the work required by this Agreement without prior
W
0
0
approval of CITY, except as expressly stated herein.
B. Subcontracts shall contain a provision making
them subject to all provisions stipulated in this
Agreement.
30. NOTICES
All notices, demands, requests or approvals to be given under
this Agreement shall be given in writing and conclusively shall be
deemed served when delivered personally or on the second business
day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as provided herein.
All notices, demands, requests or approvals from CONSULTANT to
CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92659 -1768
Attention: Lloyd R. Dalton
All notices, demands, requests or approvals from CITY to
CONSULTANT shall be addressed to CONSULTANT at:
Hutson & Partners
471 Old Newport Boulevard, Suite 302
Newport Beach, CA 92663
Attn: Lyle R. Hutson, AIA
31. TERMINATION
In the event CONSULTANT hereto fails or refuses to perform any
of the provisions hereof at the time and in the manner required
hereunder, CONSULTANT shall be deemed in default in the performance
of this Agreement. If such default is not cured within a period of
two (2) days after receipt by CONSULTANT from CITY of written
Notice of Default specifying the nature of such default and the
steps necessary to cure such default, CITY may terminate the
Agreement forthwith by giving CONSULTANT written notice thereof.
CITY shall have the option, at its sole discretion and without
cause, of terminating this Agreement with seven (7) days' prior
written notice to CONSULTANT as provided herein. Upon termination
of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned
and unpaid prior to the effective date of termination.
10
32. COST OF LITIGATION
If legal action is necessary to enforce any provision hereof
or for damages by reason for 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 attorneys' fees.
33. 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.
34. 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. Any modification of
this Agreement will be effective only by written execution signed
by both CITY and CONSULTANT.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first written above.
CITY
B .lif/7.fif9�
Mayor
APPRO AS
By:
City Attorney
By
• Clerk
11
CONSULTANT
• •
EXHIBIT "A"
SERVICES TO BE PERFORMED
CONSULTANT shall provide the following services with regard to each
item as determined "structural" by CITY as prepared and outlined in
the attached FIELD EVALUATION and ELIMINATION OF BARRIERS list
dated rev. 8/31/94. Solutions will be reviewed with CITY staff for
intent and alternative options as deemed necessary.
1. Verify information of record in the field and collect other
necessary field data as required to prepare PS &E for all
listed CITY facilities.
2. During field review of identified barriers, note additional
items which should be considered for alteration or removal.
3. Review all information and preliminary scope of work with CITY
staff prior to preparation of plans.
4. Prepare detailed PS &E which conform with the requirements of
the 1991 Uniform Building Code and applicable ADA regulations
as interpreted by CITY.
S. Prepare PS &E on full size mylar sheets as furnished by CITY.
6. Prepare estimates for each item of construction.
7. Provide clarification and in- the -field assistance if needed
(but not construction inspection nor contract administration)
to resolve any design - related problems that may arise during
construction.
8. Consult with CITY staff and contractor as needed to complete
the services listed above.
I VA
• w
COMPENSATION TO CONSULTANT
A. In consideration of the performance of services specified
under Exhibit "A" of this Agreement, CITY hereby agrees to
compensate CONSULTANT an amount based upon the following
hourly rates:
Classification of Personnel Hourly Rate
Principal $85.00
Draftsperson 45.00
Clerical 30.00
B. Aggregate compensation to CONSULTANT for services specified
under Exhibit "Al' shall not exceed Forty Three Thousand Five
Hundred Dollars ($43,500).
C. Aggregate compensation to CONSULTANT shall include costs for
additional consultants, such as structural, mechanical,
electrical and plumbing that may be required to furnish a
complete PS &E package.
D. Services in addition to those specified under Exhibit "A"
shall also be compensated at the hourly rates shown above.
13