HomeMy WebLinkAboutIBI GROUP (4)OCT-03._:1 W? 10: 50 FROM DOWNTOWN DEUELOPI ENT TO SIXTH FLODR P.02
L
FEB 2 8 111995 CGLVsULTANT AGRZEMMIT
M4,3:4U4RZVWTf m;.:.de arid enterea into this 17th day 0,�
syataxaa, r, .199-9 , by and between TH-T i3roup, [ TOIISUItan,t w) and the
COWMITY MDMLOPMENT AGENCY Dr. TkM. CITY OF ETA. A.�i',A, a Public
body, Corporate and politic t "Age,nv�yn) .
F
A. The Agency der -ire., to retain a professionAl �J= having
sPecial ff,'XIll -and kxz wer ge A.a the :field of parking analysis .
q ConOuItant reprosenLa that it is able and willing to
provide such serviVes to the Ag6z,cy,
WMRE0 P4a in oonsi d€ ration of Chair mutual and ;Ct�zyective
prowisea, and aubj ect. t.O the term0 and condi t iono hersinar.ter set
forth, tbrA parties herato do hereby- aqrAe as -fol .ows
I- REPnEENTATIVES A10 NOTICE
A. For purposes Of implementing this Agreement, the
re:preSentative. of the Aciency 8h.all be the EXecuti,ve Iiiraat or of the
envy and hey diasignat.ed represeztat.: ,vee ( she "Director") and the
xepreseiatat, Lve ,of Copra a_lt t. ohull be All tlai-r Has llie , 1"xaopt; as
may bo otherwise &tated hexpain fter, aztch represaTztatives shall
have the authority to a -at on behalf of their respective parti,ea in
r `
carryizig ,out the 'termr. of this Agreement.
P . Any notice aT inRt rument required red to he g,%Ven. Or
delivered to either party to this Agreement may be dfa-liveroad by
per Q l delivery or by depositing the same in the. Umitf_0 States
37L, :Postaga p:repa'd, addressed to:
:1.
OCT-03-1997 10:50 FROM DOWNTOWN DEVELOPMENT TO SIXTH FLOOR P. 0�
MFR-16-1995 10:51 1 IS I. GROLP 714 ErS3 5511 P. w/iaq
X-f to the Agency: Uxecutive DiTectonr
Community Reclev(glopment Age'noy of tklw City
Qf 8"ta Ana
20 CiViC Center Pla2la
Santa Ana, CA 92701
If to CoubmItaut.t. AUStair Baillte
1'81 Group
19401, Von Karmen, sulte 110
livine, CA 92715
011&1*0 Of &ddreBrA slu'll be dEiliverad in the same manner
as anY OthOr notice P-rovided herein, Notice by mail shall be
effective three dayB after mailing by the above -descx-Lbed
2. SCUPS oF sERvicris op CONSULTANT -
Consultant agreau to parform, at', ita own cost azid expease
except Zbr the COMPenwation speoified in this Agreement, the,
services epe�alf�ed in P-xhihit h, attached co horeto and incorporated.
barsia.
3. STANDAIRD OF PERFORMANCE.
In iuidertaking the perfoxma.nce o.f this Agreempnt, Consultant
reP1„Q-05ents QAUt it is knowledgeable in the field Finecified. in
Recital A of this Agreement, and that any gervices performed by
Cong"Itatt under this Agreemnnt will be performed in compliance
with such otandarde as may reaooaahly he expected from a.
professional conoulting firm iA that field,
4. TIM MR COMPLETION.
The parking study shall be started no earl iar than March 1,
1995 and must be QaTupletad no later than tTuna 31, 1995.
5. PrIaPORMANC8 BY THE AWSCY
P,
OCT--03-1997 10:51 FROM DOWNTOWN DD)ELOPMENT
MAR-46--1995 10:51 181 GIMP
TO SIXTH FLCIDR P.04
74,E M3 5,511 F'.04/'09
The .Agency Shall provide Conn ltaxit with all recarde in the-
paaa�aaa <>n of the Agency ox the City whiCh will be of asslatance to
Consultant in the performance of this Agreem t ,
The Agency a r2as to pay, an agrejar. -to accept ag
.payman : :for Said service-s, Compensation at the rate of $ 15 per
hour. conwui.tant sha.l:L submit. monthl, - invoices for payment which
shall include a etat6ment of work performed and the city shall rake
pzyment to tba ooas ltaat, wit -hit 30 dayq of receiving .invoice.
Notwi.th tandI g the foregoing, Payment need -not be made too
work wbi&,h faiio to meet the standard of perfor azzce specified in
oncti on 3.
Total payments to Contractor pursuant to this Agreement shall
not &=fBed 15,000 With -out the approval op Agancy'o governing
boaxd.
7, IMENNxT TCATION
Coii,qultant agrees to laad nllylify and hold harmless the Agency,
the City of Santa Ana, a.ud their officers and emplcryses, gran and
against any and all loss or damage, and fron, any and all auits,
actions and ciai%8 f4lad or brought by any person or p&roons,.
ar:Iainq Out .f the neql, gent acta Or Omiss ots of CorxsUlL t Or or
its subcontractorB Or Of the cfl!ir—ars, agents, emplOyeeS Of
Connu.:.lta.nt or of its s, bcontractcrs in the per:Eormanca of this
.2 reement .
a. :cNSURME
With respect to perfaraLanue of work under thi8 agreement,
OCT-03-4997
10: 51 FROM
DOWNTOWN I?EVFLOPMENT TO
SIXTH FLOOR
P.05
Y MAR-iG-ISW
irj fie..
I0I GROUP
i14 933 1511.
P.05/09
Consultant shall wa.in.tain and requi x-e- t-s sub, at•+��
any, to maintain insurance as described ) ggiow
(1) gorker- s COMPOnMation i.nNUTance wi.t.jj statutory limits,
and d loye d a liability wTaouran.ca-with limits of not love than
F OOD, DDD per accident.
(2). Commercial general liability insurance, or equivalent
form, with a combined s�n4le 13,mit of not less that $1► DD0, (1Do per '
occu�re~aace, if silah insurance contains a general agg�e;gabe limit,
such Ii-mi,t shall apply Lgeparatelyr to each project Consultant,
perforMs for .Agency. Suoh insurance shall (a) name the Community
Rode:velo men.L Agenoy of 'th% City of Santa Ana, the City of ilaLzata
Ana and ' hea .z offi,c ere and employees as additional insured.; and (b)
be primary with r ope t to Lasir-ance or self ins"!i`a.nce programz
maintained by the Agency or the city, Rnd (c) contain standard
separation on o= insvixe provi siong .
(3) ftoinasr. automobile U iji-ty insurance, or eejuiv .l_ nt
fora, with a combined single Limit cry not less than $1., DuD, ooa per
occ rzence. Such in.su.ranc� a shall include coverage for Owned, bi.red
and ndu-awned auteamabil.ez .
Consultant shall (a) furnish properly O +�!cut:ad cortificatcs Of
insurance to the DirBct or px•ior to commencement of warp =der this
Agreemeiftt, which r_ortifloatds shall clearly all 0verag s
required above and provide that such insurance shah not .be
materially wahanged or terminated except on 30 days' prior written
nat.ic,e* 4,-o t1le Ageinoy; and (b) mainta.ti such insurance from the time
work first commences until vomplation of the work undat this
4
❑CT%-0:3--1997 io:si FRUH i}CILJhITOWN DEVELOPMENT TO SIXTH FLOOR P'.0E
A.gxaema tt ; and (a) replace each certificates for polJoies ex -Airing
pralox to completion of work under th:U3 Agre6niant,
The Direc�Qr may wtUve or reduce tho requirements of tijis
section If and to that extend the 331rectcr determines them tc be
=reaso ably burdensome to the Consultant and not nec.easa-ry for the
Protection of th& Agrancy or the City.
This Agreement Way be keming.t'd by than Director upon writtn
notice of termit&tiOn tO CQASUlt ant . In such event, Ccri u.ltaut
• i
;shall be entitled to receive and the Agency shah. pay consultant
compenvation tar al: sex -vices performed by Consultant prior to
a onr;iultant~ receipt of such notice of termitatrion, Subject to the
following conditions;
(3) As a condition of GUQh payment, that Director mAy require
Cann It x,&tw to deliver to t;:hs Ag Acy all work product~ completed as
of such date, and in such czse such work p=odut shall be t"he
property of the Ada ndy, and Cotsu ,tart coneents to the agency, s U-se
there f fov such purposes as the Agency deems appwa ria to .
() payment weed not he made 4or• work which fails tO beet; the
6r,anday,d of perfox-m nce opo ifiac. in Seotioan 3 of this kgreement .
A. Caaresj' jtarzt covenants that it prasently has no a.rat reAt,
and sheik. not have any .interent, dixect or ind.1rect, w1.3i.ch would
c or flict. ix, &ny ma=ar wjt b. the pax#forma3Rca of servjces ,requiT d
hereunder.
B. By signing this Agreement, co sultaut certi2 ,%s that it
5
OCT-03 --1997 10!52 FROM DOWNTOWN DEVELOPMENT TO S 1 XTH FLOOR P.07
VIRR-1&-19 10: 181 CROUP , 714 833 5% 1 P. 07/m
does 110t d'Ocrimirate in hi:tiYzg OA the bash of race, color, cre-ed1
rel.igi a -a sax, ago, Maritaz status, jaationa . Origin, ancestry,
PhYgical ba%ldicap or medical conditioms.
COnsult*ant Kha l =t as-lsign or txangfer any interest in
this Aqx.°eement, what,hex by aso�jgntaejxt or novationt withogt the
prior written q!onseht of the Directors provided, however, that
claims for money due' or to become 'dit�4 fzom the Ager..cy ura.der this
Agreement may be assign,, to a bank, trust company or other
fi.xAnc,ial instituti011, or to a t rListee in hazkniptcy, VftthOUt Silch
appxoval, N atice of ary such assig.=0-at �3r I ran f r abal l be -
promptly furnished tea the Director.
P. COnsilltant agrees that Consultant is an independent
canavIt ant and -not an employea of the Agency or the City or: $alita
Any and all Conaul han. l 9 peraannel shall be employees or
s'ubaont=actors of Coxnsul<t ant and not. employees of the Agency or the
City. Consultant shall pay all sal.arle-9 arid wagog, employer's
SOCial 30OUrity LaXa , uneTn loyment insurancez: and similar tuxes
relat:..,I g to enployeea and shall be responsible -'or all applicable
withhuldiag tajes.
E . Consultant shall zot subcontract, a.ny of t.fze services
r
required bereunder without written aPPr i%1 ok the Dixnctor4
P. Consultaxit:: rea6xva8 the Fight to effect changes in form
or name,, i,naludiaaq, but not i.i.miti_d to changes frovit' ,individual
�'�roprietnrahlp, partrxership or corporation to any otkaer such torm
of Organization, and like -wise reservas the right to add, substit i.1te
or delete stack))OIderv, partners, assoo-iat:.es and empl Qyees . This
6
OC:T--03-199 10 � 2 FROM DOWNTOWN DEVELOPMENT TO S I XTM FLODR P.09
MF -1G-1qg5 1015,-3 IRI 6ROOP 714 1333 5511 p. BB/05�
Agreement shall- contime In effect with regard to Consultant %uider
its new form or name w.ithcut the nsc*wiry of any amlendment to thiiu
Agreement. The Director shall be promptly notified of any such
charxge in form or name.
G. Vothing iij, this Agreeiriant shall, be can,stxued to limit the
Agency" a ability to, have .and' of thee services which are -;he. subject
of the s , re ment. Perfo=uad. by pity personnel or by othOx r
r-onsultants retained by the City or the Agetigy.
R. The itivalidity in whale or in part of any pravisi.oa'i of
this Avoement. "shall hat, void or at -!:Pact the validity of any otber
provision of this Agreement.
. Thi.z ,Agreement skull he governed by and construed in
accordan=m with the laws of the ,Mate of C:a.Zi forni.a .
0`_ This Agreemnt u.PP.rBades any and all gather ag;re8ment;.s.
either oral or in writiag between the part --'.es hezretc wit%, respect
to the services set forth ii�i Ge.ct icn 2 of this Agivaftmant and
ovata.ins all tbo cov x.antE and agrt--emc is hetweat the parties with
r Apecst thereto, each party to Chia Agreement acknowled5res that no
repres .tahiond, inducements, prt,?TIIt;i..nes car agreements, ox lly or
ot.hazvi.se, have been inade by any party, or anyone icta.ng on behalf
of any party, with romyeet to each services, which are not embodied
heraia, and that no ameu�hfte t hereto shall be effeptive'unless seL
forth Am ltiy�Lg, apprav d by,thL govexxiing board of thie Agency,
sad signed by bath the Agency and Consult,aat .
IN WXMgS WIMPP ' the paxties hereto have execrated t.hir.
A mementw the date and year first above written.
7
CX,'T-03--1997 10: 53 FROM Down -OWN DEVELOR ENT
MM-16-1995 10:54 1 B I MMUP
TO SIXTH FLOOR P.09
714 833 -Ez,1511 p.gq,,Fjq
ATTIRST:
7 "Z.
CynIA fa a. 4-96 Isor,
sx4mutive Director
AMOVIM AS TO FORM:
Adward � c6qp-
c D- Jp-
AgenCy tomgal c4uncil
COHMUNITY "DrM%0PXXRT Ar.E90Y
OF THE c1,11Y OF SANTA ANA
by
ir-mam
IBI GROUP
p
TUTAL P.39
TbiFL P. osi