HomeMy WebLinkAboutC-3679 - Assessment District No. 87; PSA for Balboa Island Utility MappingW
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PROFESSIONAL SERVICES AGREEMENT
FOR
BALBOA ISLAND UTILITY MAPPING
WITH BUSH & ASSOCIATES INC.
THIS AGREEMENT is made and entered into as of this day of November, 2003,
by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"),
and, a Bush &.Associates, Inc. whose address is 18017 Sky Park Circle, Suite Q,
Irvine, CA 92614 -6520 ( "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, in cooperation with Southern California Edison, SBC, and Adelphia, is
planning to underground utilities on Balboa Island.
C. City desires to engage Consultant to provide surveying services to and an aerial
utility mapping file of Balboa Island ('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 David Bush.
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 25th day of November, 2003,
and shall terminate on the 31st day of December, 2004, 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 as Exhibit "A" and incorporated herein by reference. 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 parry 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 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. In no event shall Consultant's compensation exceed Forty -Eight
Thousand One Hundred Dollars ($48,100) without additional authorization from
City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employment 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.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
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A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work 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 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 David Bush to be
its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A 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 Public Works Department. Michael
Sinacori shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/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:
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A. Provide access to, and upon request
existing relevant information on file at
materials in a timely manner so as not
work schedule.
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of Consultant, one copy of all
City. City will provide all such
to cause delays in Consultant's
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are 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.
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
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
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and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, 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
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.
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.
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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 work, 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be, approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly. maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
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2. General Liability Coveraae. Consultant shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. 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 occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
'i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by_ either
party except after thirty (30) days written notice has been received
by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
G. 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 hot 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 orjoint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit "A.° Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval 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
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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 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. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in °.dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. 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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against 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.
22. 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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement.
23. 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 work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his 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.
24. 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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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26. 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 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.
27. 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
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:
Michael J. Sinacori
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:.
Attention: David Bush
Bush & Associates Inc.
18017 Sky Park Circle, Suite Q
Irvine, California 92614 -6520
Phone: 949- 752 -1888
Fax: 949- 752 -1895
28. 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
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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, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, 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 City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
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, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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.
32. 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.
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.
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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
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:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
Harkless
CITY Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By.r— c
Mayor
for the City of aport B h
CONSULTANT
By: 0 J 6 &, 6 ..-
David Bush, President
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
fluserslpbw\sharedlagreementslfy 03- 041bush- balboa island utility mapping.doc
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0 *EXHIBIT "A"
Bush & Associates Inc.
Lond Surveyors
August 7, 2003
PROPOSAL
TO: Mike Sinacori,City of Newport Beach
Public Works Department
FROM: David Bush, Bush & Associates, Inc.
SUBJECT: Balboa Island Utility Mapping
Surveying,Services
We propose to provide the following services for the 7.3 mile utility project:
1. Research at county offices for local survey control. (Licensed Surveyor 2 HRS)
2. Mark manhole, utility and valve vaults in the field prior to the aerial photography. (2 -Party
Survey Crew 8 HRS)
3. Establish survey ground control for aerial mapping using NAD83 coordinates and NAVD88
county benchmark elevations. (2 -Party Survey Crew 16 HRS, Licensed Surveyor 8 HRS)
4. Aerial mapping by photogrammetric methods at 20 scale, one foot contour interval, of the
20' wide mapping strip along all alleys and 60' wide mapping strip along Park, Balboa,
Marine and Agate. Final product will be an Autocad digital drawing file by subconsultant
Robert Lung and Associates. (Aerial Mapping $10,140.00)
5. Field locate and add obscured surface features, not visible in the aerial photography, to the
aerial mapping file. (2 -Party Survey Crew 40 HRS, Licensed Surveyor 8 HRS, Survey
Technician 24 HRS)
Estimated fee for the above services: $22,800.00
Add $25,300.00 to locate USA markings along project route and add information to the aerial
mapping file. (2 -Party Survey Crew 120 HRS, Licensed Surveyor 24 HRS, Survey Technician
80 HRS)
Cow :linvlet\proposal\me30807.doe
18017 Sky Park Circle • Suite 0 • Irvine, California 92614 -6520 • (949) 752 -1888
• EXHIBIT "B"
Bush & Rssociates Inc.
Land Surveyors
BUSH & ASSOCIATES INC.
2003 FEE SCHEDULE
2 -Party Survey Crew W /Equipment $148.00/HR
3 -Party Survey Crew W /Equipment $188.00/HR
Licensed Land Surveyor $ 86.00/HR
Survey Technician $ 68.00/HR
Draftsperson $ 62.00/HR
Prints, Photocopies, Etc..... Cost + 10%
18017 Sky Park Circle • Suite Q • Irvine, California 92614 -6520 • (949) 752 -1888
Rr TO TIn an
ACORQ CERTIFICAS OF LIABILITY INSUANCE 12/22/03
PRODUCER y
Professional Practice r]-� 0 7 % /
Insurance Brokers, Inc.
2244 West Coast Highway, Suite 200
Newport Beach, CA 92663
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
_
i, INSURERS AFFORDING COVERAGE
INSURED
Bush & Associates, Inc. 2 4 2O
18017 Sky Park Circle, Suite Q DEC
Irvine, CA 92614 -6519 3EP'
r�-
INSURERA: Fidelity and Guaranty Insurance Ur.
URERB:United States Fidelity & Guaranty
INSURERC:St. Paul Fire & Marine Insurance
Continental Casualty Company
E.
enVFCAnFS • -'
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OFINSURANCE
POLICY NUMBER
POLICY MWDDW VE
DATE FFECTI
POLICY EXPIRATION
DATE EXPIRAYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIALGENERALLIABILITY
CLAIMS MADE OCCUR
BKO1505481
09/26/03
09/26/04
CURRENCE
$1, 000, 000
MAGE(Anyonefire)
$300,000
PEACH
(Any one person)
$10 0 0 0
AL S ADV INJURY
$1 000 000
L AGGREGATE
$2 0 0 0 0 0
GEN'L AGGREGATE LIM ITAPPLIES PER:
POLICY PRO- LOC
TS- COMPIOP AGO
s2,000,000
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA01541175
09/26/03
j
09/26/04
COMBINED SINGLE LIMIT
(Ea ecciderd)
$1 000,000
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(PeraWdeld)
$
X
PROPERTY DAMAGE
(Peracddeld)
$
--------- ._-- _
-GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTOONLY: AGG
$
$
A
-
EXCESS LIABILITY
X OCCUR FI CLAIMS MADE
DEDUCTIBLE
1 RETENTION $
BKO1505481
09/26/03
09/26/04
EACHOCCURRENCE
$1,000, 000
AGGREGATE
$1,000, 000
$
S
C
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
�WVA7725050
09/01/03
09/01/04
�YUMR CTH-
E.L. EACH ACCIDENT
$1 , 000, 0 0 0
E.L DISEASE -EAEMPLOYEE
$1 0001 000
E.L DISEASE -POLICY LIMIT
$1 000 000
D OTHER professional
iability
LSE 13827374
09/26/01
09/26/04
$1,000,000 /Claim
$1,000,000 /Aggregate
DESCRIPTION OF OPERATIONSR =ATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT%SPECIAL PROVISIONS
The City of Newport Beach, its elected officials, officers, agents,
representatives and employees are named as additional insured per
attached primary endorsement.
Auto liability: the City of Newport Beach, its officers, agents,
(See Attached Descriptions)
City of Newport Beach
Attn: Mike Sinacori
PO Box 1768
Newport Beach, CA 92658 -8915
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORETHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILLXNQV63%X_jWAA1L 3.0 DAYS W RITTEN
NODCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT
AUTHORIZED REPRESENTATIVE — n
ACORD25- S(7197)1 of 3 # 271488 CUJ, IJ MGVRY I,VRrVI'W IIVIY raoo
0 0
Policy Number: BKO15O5481
Liability Coverage Enhancement —
Architects And Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART.
1. The following is added to paragraph 2 of SECTION
11— WHO IS AN INSURED;
I. If you are required to add another person or
organization as an insured under this policy by a
written contract or agreement which is in effect
during the policy period, that person or organization
is an insured. Such person or organization is
referred to in this Coverage Part as an Additional
Insured.
However, such person or organization is not an
insured with respect to any:
(1) "Property damage "to:
(a) Property owned, occupied or used by
the Additional Insured;
(b) Property rented, leased or loaned to,
in the care, custody or control of, or
over which physical control is being
exercised for any purpose by the
Additional Insured; or
(c) "Your work" performed for the
Additional Insured;
(2) "Bodily injury", 'property damage ", "personal
injury', "advertising Injury" which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the
negligent acts or omissions of anyone directly
or indirectly employed by a Named Insured or
for whose acts a Named Insured may be
liable;
(3) "Bodily injury', "property damage ", "personal
injury', or "advertising injury for which such
person or organization has assumed liability in
a contract or agreement, except for liability for
damages that such person or organization
would have in absence of the contract or
agreement; or
(4) "Bodily injury", "property damage ", "personal
injury' or "advertising injury arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any professional
services, when such person or organization is
an architect, engineer, or surveyor.
2. The following is added prior to the final paragraph
of SECTION 11— WHO IS AN INSURED:
You are an insured for your participation in any past
or present "unnamed joint venture ". However, you
are not an insured if the "unnamed joint venture
has:
a. Direct employees; or
b. . Owns, rents, or leases any real or
personal property.
No other member or partner, or their spouses, of
any past or present "unnamed joint venture" is an
insured. This insurance is excess over any "other
insurance" available to you for your participation in
any past or present "unnamed joint venture ".
3. The final paragraph of SECTION 11 — WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture (except "unnamed join
venture") or limited liability company this is not
shown as a Named Insured in the Declarations.
4. Paragraph 2 of SECTION III — LIMITS OF
LIABILITY is replaced by the following:
(2). The General Aggregate Limit is that most we
will pay at each of "your premises" listed in the
Schedule of Premises and is the most we will
pay at each of "your projects" for the sum of:
a. Damages under Section I. A. except
damages because of "bodily injury' and
"property damage" included in the
.products completed operations hazard"
and damage to premises rented to you or
temporarily occupied by you with
permission of the owner; and
b. Medical payments under SECTION 1. B.
CV BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page i of 2
Copyright, Insurance Services Offices, Inc., 2001
F71
5. The following is added to SECTION IV-
CONDITIONS, 5. Other Insurance,
a. Primary Insurance;
In addition, this insurance will be considered
primary to, and non - contributory with, "other
insurance" issued directly to a person or
organization added as an additional Insured
under SECTION II. 2. I., if you specifically
agree, in that written contract or agreement,
that this insurance must be primary to, and
non - contributory with, such "other insurance".
This insurance will then be applied as primary
insurance for damages for "bodily injury",
"property damage ", "personal injury" or
"advertising injury" to which this insurance
applies and that are incurred by such person or
organization, and we will not share those
damages with such "other insurance ".
6. The following is added to SECTION IV —
CONDITIONS, 8. Transfer Of Rights Of
Recovery Against Others To Us.
We waive any right of recovery we may have
against any person or organization added
under SECTION II. 2.1., for payments we make
because of injury or damage arising out of
"your work" under the written contract or
agreement with such person or organization,
provided that the injury or damage occurs
subsequent to the execution of that written
contract or agreement.
ADDITIONAL INSURED:
A&
7. The following are added to SECTION V —
DEFINITIONS:
"Unnamed joint venture" means any joint venture
in which you are a member or partner where:
a. Each and every one of your co- ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site or
location that you own or rent or lease from
others.
"Your project"
Means a ny p remises, site o r location at, o n, o r i n
which "your work" is not yet completed;
and
a. Means any premises, site or location at, on, or
in which "your world' is not yet completed;
and
b. Does not include "your premises" or any
location listed in the Schedule of Premises.
All other terms of your policy remain the same.
CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND
EMPLOYEES
CL /BF 26 09 OB 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2
Copyright, Insurance Services Offices, Inc., 2001
Policy Number: BA01541175
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
X BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS' COVERAGE PART .
SCHEDULE
Name of Person or Organization: THE CITY OF NEWPORT BEACH, ITS OFFICIALS,
OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES
A. The person or organization shown in the Schedule is included as an insured but only if liable
for the conduct of an "insured" and only to the extent of that liability.
B. CANCELLATION
1. If we cancel the policy, we will mail notice to such person or organization in
accordance with the Common Policy Condition.
2. If you cancel the policy, we will mail notice to such person or organization.
3. Cancellation ends this agreement.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office. Inc.. 1988
CL /CA 99 09 10 90
• 0
WC 04 03 06 (Ed. 4 -84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
This endorsement changes the policy to which it is attached and is effective on the date issued
unless otherwise stated.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 09/01/03 at 12:01 A.M. standard time,
forms a part of
DATE
Policy No. W VA7725050 Endorsement No.
of the ST. PAUL FIRE & MARINE INSURANCE COMPANY NCCI Carrier Code 13692
(Name of Insurance Company)
issued to: BUSH & ASSOCIATES
Policy Expiration Date: 09/01/04
Premium (if any) S
ora Li
Authorized Signature
We have the right to recover our payments from anyone liable for an injury covered by this policy.
We will not enforce our right against the person or organization named in the Schedule. (This
agreement applies only to the extent that you perform work under a written contract that requires
you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees
while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2.00 % of the California workers' compen-
sation premium otherwise due on such remuneration.
SCHEDULE
PERSON or ORGANIZATION
JOB DESCRIPTION
ALL OPERATIONS
CITY OF NEWPORT BEACH, ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES
JAN -06 -2004 TUE 03:10 PM 1 FAX N0, •
Fax#; a►-q - L�'3318
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
P. 01
ZM
%- au_ is in
This checklist is comprised off,requirements as outlined by the City of Newport Beacchh.l, -� n
Date Received: `�� Dept. /Contact Received From: Jf ! o r�
Date completed: Sent to c � Cl L) 0 Ck - By: t l)2,e4; l'e �
Company /Person required to have certificate: 16i )sr) (!t ASSN .
'I. GENERAL LIABILITY _ /�
A. INSURANCE COMPANY: fi t n la RCG.r1 T 1
B. AM BEST RATING (A: VII or greater): V 0
C. ADMITTED Company (Must be California Admitted): (
Is Company admitted in California? G� s do
D. LIMITS (Must be $1M or greater): What is limit provided? l
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? E�fes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): �/
Is it included? Q K 1�1 Yes No
H. CAUTION! (Confirm that loss or liability of the named insured is not
limited solely by their negligence) Does endorsement include "solely by
negligence" wording? ❑ Yes %No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
II.
III.
AUTOMOBILE LIABILITY
A. INSURANCE COMPANY:
B. AM BEST RATING (A: VII <
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided?
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? XlYes
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only):
Is it included? n/d ❑ Yes
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
r
WORKERS' COMPENSATION
A. INSURANCE COMPANY:
B. AM BEST RATING (A: VII c
❑ No
►`
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include)
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
Is it included? es ❑ No
4�`)( 2-No