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Home My WebLink AboutRBF CONSULTING (2) - 1998 '~i'L~_~.E./ CONSULTANT AGREEMENT T~I8 AGREEMENT, ma~ ~n~ enter~ into ~i~ p~ f 1998, by and be~n Robert Bein, ~lliam Fro~, & ~s~iates ("CONSULTANt) and the City ~ Santa ~a, a muni~pal ~mtion ~ the Stato ~ Cal~ornia ("CI~). day of~-~,~.~ ~'/.. , WITNESSETH Recitals: A. CITY desires to retain a professional firm having skill and knowledge in the field of Engineering for the purpose of preparing construction documents for the Edinger Avenue widening project. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. REPRESENTATIVES AND NOTICE A. For purposes of implementing this Agreement, the representatives of CITY shall be the Executive Director of the Public Works Agency and his designated representatives (the "Director") and the representative of CONSULTANT shall be the Vice-President. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this AGREEMENT. B. Any notice or instrument required to be given or delivered to either party to this AGREEMENT may be delivered by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to CITY: Executive Director Public Works Agency City of Santa Ana Public Works CITY 101 W. 4"' Street Santa Ana, CA 92701 If to CONSULTANT: Gary L. Miller Vice President Robert Bein, William Frost, & Associates 14725 Alton Parkway Irvine, CA 92618 Notice of change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above-described procedure. 2. SCOPE OF SERVICES OF CONSULTANT CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this P,~reement, the services specified in the RFP, attached hereto as 'Exhibit A" and incorporated herein by reference, and the Proposal, attached hereto as "Exhibit B" and incorporated herein by reference, subject to modifications as may be set forth in the text of this Agreement. 3. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in the field specified in Recital A of this Agreement, and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in that field. TIME OF COMPLETION The services to be performed pursuant to this Agreement shall be completed within six months from the day of written notification to proceed from the Director, subject to extension with the approval of the Director, which shall not be unreasonably withheld. 5. CITY OBLIGATIONS CITY shall provide CONSULTANT with all records in the possession of CITY which will be of assistance to CONSULTANT in the performance of this Agreement. 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept payment in accordance with the fee schedule set forth in the Proposal, provided that total compensation for all work within the scope of the RFP and the Proposal shall not exceed $ 435,485. CONSULTANT shall submit monthly invoices each accompanied by a detailed statement of services performed during the period for which payment is requested. Payment by CITY shall be made within thirty (30) days following receipt of a proper invoice, subject to CITY accounting procedures. Notwithstanding the foregoing, payment need not be made for work which fails to meet the standard of performance specified in Section 3. CONSULTANT and the Director may agree upon the performance by CONSULTANT of additional work beyond the scope of RFP and the Proposal but related thereto this Agreement. However, total payments to CONSULTANT pursuant to this Agreement, including all such additional work, shall not exceed ,~479,033 without the approval of OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify and hold harmless CITY, and its officers, agents, representatives, volunteers and employees from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of CONSULTANT'S negligent per[ormance or failure to perform, any and all things necessary to and required to be done by CONSULTANT, pursuant to the specifications in the Agreement. 9. INSURANCE With respect to performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: A. Worker's Compensation insurance with statutory limits, any employer's liability insurance with limits not less than $1,000,000 per accident. B. Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project CONSULTANT performs for CITY. Such insurance shall (a) name CITY, its officers, agents, representatives, volunteers and employees as additional insureds; (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions; and (d) give to CITY prompt and timely notice of claim made or suit instituted arising out of CONSULTANT's operations hereunder. C. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per occurrence. CONSULTANT shall (a) furnish properly executed certificates of insurance and additional insured endorsement to the Director prior to commencement of work under this Agreement, which shall cleady evidence all coverages required above and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to CITY; (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. The Director may waive or reduce the requirements of this section if and to the extent the Director determines them to be unreasonably burdensome to the CONSULTANT and not necessary for the protection of CITY. 10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon 30 days written notice of termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT for work actually performed to the end of the 30 day [;~riod. The parties have executed this Agreement as of the date and year first written above, CITY OF SANTA ANA RECOMMENDED FORAPPROVAL: APPROVED ASTO CONTENT: ROBERT BEIN, WILLIAM FROST & ASSOCIATES ~Rea~ City Manager APPROVED AS TO FORM: City Attorney Thirdflr/Agrnlt-Robe~ B~, e{c/gd Client#: 6255 RBFCONSUL CERTIFICATE OF LIABILITY INSURANCEIDATE(MM~DD/YY'2/02/03 PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427-6810 INSURED RBF Consulting PO Box 57057 Irvine, CA 92619-7057 THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Trav~elers Indemnity Co. of Illinois ! INSURERE; Hartford Fire Ins. Co. ' ~NSU~ER C: Fireman's Fund Insurance INsuRER D: Underwri~er~ at Lloyd's London iNSURER E: COVERAGES 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, EXCLUSIONSANDCONDITIONSOFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NEE , - POLi~Y EFFEdTi~ :poI-J~Y EXPiRATiON~ -- LTR T~PE OFINSURANCE ; POLICY NUMBER DATE MM/DD/YY) DATE {MM/DD/YY) I LIMITS A ' GENERALLIASIL!TY !PG30500D409203 ! 1!!30/03 ! 11!30!04 ~ EACHOCCURRENCE _$1,000,000 COM M ERCIAL GENERAL LIABILITY ! CLAIMS MADE X OCCUR INDP. CONTRACTORS 'CONTRACTUAL ~INCLUDED. BFPD, XCU, OCR GEN'L AGGREGATE LIMITAPPLIES PER: POLICY! X I PRO- IX ! LOC I : JECT , AUTOMOBILE LIABILITY 157UENTL0126 ANY AUTO : ALL OWNED AUTOS SCHEDULED AUTOS : HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO F~RE DAMAGE (Any once fire) $1,000,000 ; MED EXP (Any one pe~on) $5~000 PERSONAL & ADV INJURY i $1~0~00[000 GENERAL AGGREGAT~E ; $2,000 000 L O UCTS -COMF(O $2,000~00 I I 11/30/03 11/30/04 AUTOONLY'EAACCID,:NT I$ i OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY iXSM00097333165 X OCCUR CLAIMS MADE :PROFESSIONAL DEDUCTIBLE iL AB L TY IS RETENTION $ EXCLUDED. 11/30/03 ~1t/30/04 I EACH OCCURRENCE [ $10,000~000 IAGGRE~ATE -- I$10[000~000 $ WCRKERS COMPENSATION AND EMPLOYERS' LIABILITY i D OTHER Professional iPI039400 ! 11/30/03 ! 11/30/04 [Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED I~Y ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Re: JN 10-103090, On-call Services (See Attached Descriptions) $1,000,000 Per Claim i$2,000,000 Annl Aggr. CERTIFICATE HOLDER , ADDI]]ONALINSURED;INSURERLE~FER: City of Santa Ana Public Works Agency,Att: Zed Kekula 20 Civic Center Plaza Mail Station 43 Santa Aha, CA 92701 ACORD 25-S (7/97) 1 of 2 #M81822 CANCELLATION Ten Dav Notice for Non-Payment of Premium SHOULD ANYOFTH E ABOVE CESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WlLL~X~MA[L30 DAYSWRITTEN NO3]CETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT~ B~i~[~(~.XX ® ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) City of Santa Ana and its officers and employees are additional insured as respects to General Liability. Primary and Non-Contributing coverage applies to GL. GL-AI/PPJX AMS 25.3 (07/97) 2 of 2 #M81822 POLICY NUMBER: P630 S 00D409203 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person OF Organizatien: City of Santa Ana Public Works Agency,Att: Zed Kekula 20 Civic Center Plaza Mail Station 43 Santa Ana, CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHOIS AN~NSURED(Secti~n~~)isamendedt~inciudeasaninsuredthepers~n~r~rganizati~nsh~wninthe Schedu~e~but~n~ywithrespectt~iabi~ityarising~ut~f"y~urw~rk"~rthatinsuredby~r~ry~u. Additional Insured Continued: And its officers and employees PRIMARY INSUP~ANCE: IT IS IINDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER %NSUPJtNCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSUPJ~NCE. CG 2O 10 11 85