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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