HomeMy WebLinkAboutMEYER & ASSOCIATESABREEMENT FOR CONSULTING SERVICES
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INSURANCE
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DATE: ;
THIS AGREEMENT, made and entered this Yjj day of
19841,
by
and
between the City of
Santa Ana, a
municipal
corporation
of
the
State of California
("City"), and
Meyer and Associates, ("Consultant").
Recitals:
W 1 T N E 9 5 E T H
A. City distributed a "Request for Proposal" ("RFP")
to Architectural and Landscape Architectural firms to develop
plans and contract documents for the construction of two (2)
softball diamonds, concession stand, restrooms, parking (Alt. I),
and lighting (Alt. II) in Thornton Park, City of Santa Ana.
Y In response to the RFP, Consultant submitted a
proposal ("Proposal"), dated July 28, 1986, to perform such
C. The RFP and the Proposal are public records on
file in the offices of the City's Recreation and Community
Services Agency.
D. City desires to retain Consultant to perform the
services set forth in the RFP and the Proposal.
WHEREFORE, in consideration of their mutual and
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respective covenants and promises hereinafter contained and mach,
and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
1. PrZo jec 4bAectiv$s
A. To retain a consultant to prepare design
plans, construction drawings, specifications, and construction
documents for the construction of the softball facility described
in the "Request for :proposal" ("UP").
P. To retain a contractor to construct the
softball facilities according to the plans developed by the
consultant and approved by the City.
C. To create and provide a safe, functional,
attractive softball playing area and related facilities consistent
with the present environment of Thornton Park.
D. To create and provide a lighted softball
playing facility for evening and/or night activities.
2. Scop!g!_g _ onsul.tant, a_Services
Consultant agrees, at its sole costs and expenses,
to provide to City the following professional services pertaining
to design of the project:
T Ah 1___Utilitv_Ixxvestigation
Identify all utilities existing within the project
limits and secure plans of such facilities. . Determine where
interferences will occur as a result of construction of City `s
project and consult affected utilities regarding location of these
facilities. Consultant may rely upon the accuracy of data
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T.
provided by others in connection with the performance of this
Agreement without independent review unless City or other Agency
requests item be verified in the field.
1ask._2__.-9oordination_with_Agsncies
Consultant shall meet with various city agencies and
departments and any other agency having jurisdiction to determine
project development criteria, standards, and procedure
requirements. Plans and documents shall be submit -bed to the
appropriate agency and/or department for review, checking,
compliance and approval. Consultant shall revise plans and
documents as requested by the agencies.
Ta�k_3_,�_P�o,�oc-L D�velopent„_Organization
Review suggested project scope and intent with City
staff and others, as directed.. Review existing master plan.
Establish final project organization and identify responsibilties
of project team,
Tgsk_A ___Anal y z s_P.robi. em
Review physical limitations and opportunities of the
existing site, including configuration, external influences,
access and relationships to surrounding areas. Meet with City
staff to further define scope and objectives to determine
appropriate course of action.. Review and modify existing
preliminary design plans as necessary.
Task _5--- PreliminaryPlans_and_Opinion_ot_Probable-Construction_
Cost
Prepare preliminary plans, opinion of probable
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construction cast and outline specifications to finalize actual
scope of initial improvements. The conceptual plans shall
indicate all existing and proposed improvements within project
area. Consultant shall submit conceptual, plans and preliminary
documents for City staff review.
Tank 6__. Canstrue`Lion_Drawin,s_and_aprecificati_ons
Provide construction working drawings and
specifications, including but not limited to:
a. Softball diamonds and playing fields
b. Bleachers
C. Fencing
d. Concession stand and restrooms
1) architectural and structural plans
2) electrical., plumbing and mechanical plans
3) detail sheet, including exterior and
interior paint schedule and necessary graphics
e. irrigation and drainage
f. Landscaping (as defined in R.F.P.)
g. Walks
h. Signage
i. Park amenities
J. Expanded parking
k. Lighting
1. Technical specifications
Consultant shall submit plans and specifications
to all agencies having jurisdiction for plan checking and make all
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appropriate changes or revisions. The final plans, survey notes
and other documents shall become the property of City.
Task _7___Opinion_of_Probable_Constructi.on Cost
Consultant shall calculate construction quantities and
prepare preliminary and final opinion of probable construction
cost for the construction of the project. Since the consultant
has no control over the cost of labor, materials, or equipment, or
over the Contractor's method of determining prices, or over
competitive bidding or market conditions, the Consultant's
estimates of cost as provided for herein are to be made, on the
basis of his experience and qualifications and represent his best
;judgement as a design professional familiar with the construction
industry. However, the Consultant cannot and does riot guarantee
that proposals, bids, or the construction cost will not vary from
opinions of probable cost prepared by the Consultant.
''bask 8--- Construction Period
Provide necessary service to review addendums, change
orders, material submittals, and clarification to
plans/specifications. Attend pre -construction meeting and final
inspection.
Task 9--Plans and Documents_ Submittals
Consultant shall provide printing and reproduction as
follows:
a. Conceptual plans and preliminary documents
Five (5) copies for staff review.
b. Construction drawings -• Five (5) sets of
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blueli.nes for plan check submittals.
C. Construction specifications - Five (5) sets of
xerox copies for plan check.
d. Opinion of probable construction cost Five (5)
copies for staff review.
e. Submittal of final reproducible plan(s) and
specifications to City.
f. All design in -process duplication costs shall
be the responsibility of the consultant.
3. City's Obligation
In order to assist Consultant in the execution of
its responsibilties under this Agreement, City agrees to provide:
a. Blank mylar sheets for preparation of plans and
details.
b. Copies of record drawings of existing
improvements as available.
c. All necessary environmental assessment; or
documents.
d. Location and elevation survey of site.
e. Soils report as directed by architect.
f. For all utility applications and hook-ups as
necessary.
g. For all required plan check fees.
h. Coordination of all City Activities and
approval process,
i. Cost for duplication of final plans,
R,
specifications and bidding documents.
j. Construction inspection.
4. CompenAg •t on
As complete compensation for all services
performed by Consultant under this Agreement, City agrees to pay
and Consultant agrees to accept the sum of Twenty -Eight Thousand
forty Dollars ($26,040.00). Consultant shall submit monthly
invoices for •those portions of work completed for City ` s review
and approval. City shall pay such invoices within thirty (60)
days of submittal. If Consultant performs additional design or
drafting services resulting from changes ordered by City,
Consultant shall be paid by City for such extra, services at the
following rates for each service hour provided.
A. Project Coordinator $60.00
B. Project Architect 60.00
C. Project Landscape Architect 60.00
D. Recreation Designer 45.00
E. Architect/Designer 45.00
F. Landscape Architect/Designer 45.00
G. Electrical, Mechanical,
Structural Engineer 60.00
H. Irrigation Designer 45.00
I. Draftsperson 25.00
J. Technical Typist 20.00
K. Clerical. 17.50
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These rates include all costs for transportation, -telephone,
interim submittals, and check prints.
In no event shall the total sum paid for such additional services
exceed the sum of Five Thousand Dollars ($5,000.00).
5. Time for Completion
Consultant shall begin work within one week after
the date of execution of this Agreement and shall submit to City
before October 30, 1986 completed plans, specifications, cost
estimates and other bidding documents. It is anticipated that the
time needed for agencies to review and approve the plans and
specifications will not be more than three weeks. Any delays in
approvals of work or in making decisions by City or any other
agencies not under the direct control of Consultant will not be
charged to Consultant's completion time.
6. Termination of Agreement
This Agreement may be terminated by City or
consultant before Consultant's services have been fully performed,
upon thirty (30) days written notice of termination to Consultant
or City. In. such event, Consultant shall be entitled to receive
and City shall, pay Consultant compensation for all work performed
by Consultant prior to Consultant's receipt of such notice of
termination plus all reasonable additional expenses which may be
incurred in the closing out of project records and project
activities; provided, however, that as a condition of such
payment, City may require Consultant to deliver to City all work
projects completed as of such date. Any use of such completed
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documents for other protects without specific authorization by the
Consultant will be at the City's sole risk and without liability
or legal exposure to the Consultant, and the City shall indemnify
and hold harmless the Consultant from all claims, damages, losses
and expenses, including attorney's fees, arising out of or
resulting therefrom.
7. Independent Contractor
Consultant is an independent contractor and not an
employee of City and all Consultant's personnel shall be employees
or subcontractor of Consultant and not employees of City.
Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable
withholding taxes.
8. Insurance
a. Consultant shall furnish City with an
insurance certificate evidencing that it carries workers`
compensation insurance and that the policy shall not be cancelled
nor the coverage reduced except upon thirty (80) days prior
written notice to City.
b. Consultant shall obtain at its sole cost and
file with City, prior to exercising any right or performing any
obligation pursuant to this Agreement, and maintain for the period
covered by this Agreement, a policy or policies of general
liability insurance or a certificate of such insurance,
satisfactory to City Attorney of City, naming the City of Santa
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Ana, project expeditor, their officers, and employees, as insured
or additional insured, which provides coverage not less than that
provided in the form of a comprehensive general liability
insurance policy against liability for any and all claims and
suits for damages or injuries to persons or property resulting
from or arising out of negligent operations of Consultant, its
officers, or employees. Said policy or policies of insurance
shall provide coverage for both bodily injury and property damage
in not less than the following minimum amounts: Five Hundred
Thousand Dollars ($500,000.00) combined single limits; or bodily
injury, Two Hundred Fifty Thousand Dollars ($250,000.00) per
person and Five Hundred Thousand Dollars ($500,000.00) each
occurrence and in aggregate; property damage One Hundred Thousand
Dollars ($100,000.00) each occurrence and in aggregate and. Two
Hundred Thousand Dollars ($200,000.00) aggregate. Said policy or
policies shall also contain a provision that no company
termination, cancellation of insured, reduction of coverage, or
change of insured or additional insured shall be effective until
after thirty (30) days notice thereof has been given in writing to
City. Consultant shall give to City prompt and timely notice of
claim made or suit instituted arising out of Consultant's
operations hereunder. Consultant shall procure and maintain at
its own cost and expense, any additional kinds and amounts of
insurance which, it its own judgement, may be necessary for its
proper protection in the prosecution of the work.
9. Notices
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Notices and written communications sent by one
party to the other shall be personally delivered or sent by U.S.
Mail, postage prepaid, to the following addresses:
1f sent by Consultant to City:
Ron. Ono, Landscape Architect
Santa Ana City Hall
Recreation and Community Services Agency
Design Section, Room 427
20 Civic Center Plaza
P.O. Box 1988 (M-23)
Santa Ana., CA 92702
1f sent by City to Consultant:
Meyer and Associates
22931 Triton Way, Suite 236
Laguna Hills, CA 92663
10. Subcontractors
None of the services included in this Agreement
shall be subcontracted without the prior approval of City, except
as specified in the Proposal, Consultant shall be fully
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responsible to City for performance of subcontractors.
11. A �gnabi a ty
Consultant shall not assign or transfer any
interest in this Agreement, whether by assignment or nova.tion,
without the prior written consent of City; provided, however, that
claims for money due or to become due from City under this
Agreement may be assigned to a bank, trust company or other
financial institution, or to a trustee in bankruptcy, without such
approval.. Notice of any such assignment or transfer shall be
promptly furnished to City.
12. H2 d. Harmless
Consultant shall indemnify and save harmless City,
its officers and employees, from and against any and all damages
to property or injuries to or death of any person or persons,
including property and employees or project expeditor of City,
claims, demands, suits, actions or proceedings of any kind or
nature, including, but not by way of limitation, worker's
compensation claims, resulting :From or arising out of the
negligent or wrongful acts, errors or omissions of Consultant, its
employees or subcontractors.
13. Indemnification by Contractor
City shall include in its bid documents the
requirements that any contractor performing work based on the
documents prepared by Consultant in its performance of this
Agreement shall indemnify, defend and save harmless, City and its
officers, project expeditor and employees from any and all claims,
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demands, suits, actions or proceedings of any kind or nature
arising from said contractor's negligence in the performance of
the work based on the documents prepared by Consultant pursuant to
this Agreement. City shall require said contractor to maintain a
policy or policies of liability insurance naming City and their
officers, project expeditor and employees as insured or additional
insured, which policy provides coverage in the form of a
comprehensive liability insurance policy acceptable to the City
Attorney of City and which protects against liability for any and
all claims and suits for damages or injuries to persons or
property resulting from or arising out of operations of said
contractor, its officers, or employees.
14. Certification of Non-discrimination
By signing this Agreement, Consultant certifies
that it does not discriminate in hiring on the basis of race,
color, creed, religion, sex, age, marital status, national origin,
ancestry, physical handicap or medical conditions.
15. Validity
The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity
of any other provision of this Agreement.
16, Laws Governing this Agreement
This Agreement shall be governed by and construed
in accordance with the :caws of the State of California.
17. Exclusivity and Amendment of Agresemf-�nt
This Agreement supersedes any and all other
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agreements either oral or in writing between the parties hereto
with respect to the services set forth in the Proposal and
contains all the covenants and agreements between the parties with
respect thereto. Each party to this Agreement acknowledges that
no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf
of any party, or anyone acting on behalf of any party, with
respect to such services, which are not embodied herein, and that
no other agreement or amendment hereto shall be effective unless
executed in writing and signed by both City and Consultant.
18. 4wnership_2j_Documents
The owner acknowledges that the design
professional's plans and specifications are instruments of
Professional service. Nevertheless, the plans and specifications
prepared under this agreement shall become the property of the
City upon completion of the work. The owner agrees to hold
harmless, indemnify and defend the design professional against all
damages,'claims and losses, including defense costs, arising out
of any reuse of the plans and specifications without the written
authorization of the design professional.
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IN WITNESS WHEREOF, the parties hereto have
executed this Agreement the date and year first above
w ri t -1:, e n ,
FA#Bv
4.a.lice C. Guy
Clerk of the Cou.nc(,.l
APPROVED AS TO FORM:
edwar C o -- per
. �i 60 �� City Attu
r
APPROVED AS TO CONTENT:
C' Manager
THE CITY OF SANTA ANA,
a municipal corporation of the
State of California
Daniel E. Griset
Mayor
M
CONSULTANT" I
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