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HomeMy WebLinkAbout1977-12 CRA ~ . . . . . CM:rs RESOLUTION NO. 77-12 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND BISSELAND AUGUST, INCORPORATED, A CALIFORNIA CORPORATION, AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, the Community Redevelopment Agency of the City of Santa Ana desires to enter into an agreement with Bissel and August, Incorporated, for its services in rendering certain tech- nical advice and assistance in connection with the Community Redevelopment Project, more specifically set forth in Exhibit "A", which is attached to said agreement; and WHEREAS, Bisse1 and August, Incorporated, has agreed to perform the desired services in accordance with the terms and conditions set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelop- ment Agency of the City of Santa Ana: 1. That certain "Agreement For Architectural Services", form dated June 22, 1977, between the Community Redevelopment Agency of the City of Santa Ana and Bissell and August, Incorporated, is hereby approved. 2. The Chairman is hereby authorized and directed to execute said Agreement on behalf of the Conununity Redevelopment Agency of the City of Santa Ana. ADOPTED, this 28th day of following vote: June ,1977, by the AYES, MEMBERS: Ward, Bricken, Brandt, Ortiz, Garthe NOES, MEMBERS: Evans ABSENT, MEMBERS: Yamamoto ATTEST: ~~ RICHARD E. GOBLIRSCH, Executive Director and Recording Secretary ~~~ JO GARTHE, . airman 6Jtï5;' KEITH L. GOW Agency Legal Counsel 3 . '. . , ' . ' (I . . . . - . Res. 7 7- }.J AGREEMENT FOR ARCHITECTURAL SERVICES THIS AGREEMENT, made and entered into this 28th day of June 1977, by and between the Community Redevelopment Agency of the City of Santa Ana, California, a public body, corporate and politic (here- inafter referred to as "Agency") and Bissell and August Associates, Incorporated, a California Corporation (hereinafter referred to as "Contractor"). . WITNESSETH RECITALS: ,. 1. Agency is undertaking certain activities necessary for the execution of the Community Redevelopment Project (hereinafter referred to as "Project"), the boundaries of which are delineated on the attached map incorporated herein as Exhibit "A"; and 2. Agency desires to engage the services of Contractor to render certain technical advice, assistance and services in con- nection with such activities of Agency. WHEREFORE, in consideration of the respective and mutual cove- nants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I SCOPE OF SERVICES Contractor agrees to perform each and all of the services here- inafter specified: TASK I Contractor shall design improvement plans for the construction of the Second Street Mall in accordance with that certain document entitled "Downtown Santa Ana", dated June 20,1977, prepared for Agency by Contractor, which is incorporated herein and made a part hereof by this reference. TASK II Contractor shall prepare construction bid documents, including outline specifications and plans for the Mall improvements, in suf- ficient detail to obtain construction bids for a completed project. Contractor shall prepare all necessary bid documents and addenda in accordance with the City of Santa Ana standards for solicitation of public work contracts. -1- 3 t8 . . . . . . TASK III Contractor shall assist Agency in obtaining and evaluating con- struction bids. Contractor shall attend pre-bid conferences with all interested contractors at times established by Agency and shall assist Agency in selecting qualified bidders. TASK IV Contractor shall assist in monitoring the selected contractor's construction of the project improvements to'assure compliance with Agency requirements as outlined in the construction bid documents. Contractor shall make periodic visits, not less than twice monthly, to the site to determine the progress and quality of work and its accord with the construction documents. Contractor shall recommend to Agency's Executive Director rejection of work which does not conform to the construction documents. ~ Contractor shall assist Agency's Executive Director to prepare change orders for any required changes in scope of the construction documents and shall prepare sketches and cost estimates related thereto. TASK VI Contractor shall prepare a statement of estimated project construc- tion costs for project improvements based on current unit costs related to area, volume and other cost parameters upon completion of the con- struction bid documents. TASK VII Contractor shall coordinate the design of the elements necessary to construct the project improvements with the approved subcontractors providing civil engineering and electrical engineering services. TASK VIII Contractor shall secure the services of a civil engineer to pro- vide the following services for an amount not to exceed SEVEN THOUSAND not to exceed SEVEN THOUSAND NINE HUNDRED FIFTY DOLLARS ($7,950): 1) Collect and review available information relating to exis- ting utilities and coordinate with the City of Santa Ana and utility companies disposition of such utilities. -2- 3 - . . . . . . . ~ " I 2) Perform the required survey work for determining the location and elevation of existing buildings, street improvements on Second Street between Sycamore and Broadway, and related alley improvements. 3) Prepare street improvement plans for the ultimate design of Second Street between Sycamore and Broadway. 4) Prepare a phased improvement plan for the construction of the interim improvements along Second Street. 5) Coordinate the street design with Contractor and the City of Santa Ana. 6) Process the street improvement plans through the City of Santa Ana for approval. The foregoing civil engineering services do not include: 1) ments. The design of any major sewer, water or drainage improve- 2) The cost of governmental fees. TASK IX oJoVT FA. 1.(1-11- Contractor shall provide construction surveys, -.,ilr¡. 'ul1ii.." fðfl S~~VV~ .5~U8~~r.l section, and design of irrigation systems as neces- sary for successful design of project improvements. ~ Contractor shall secure the services of an electrical engineer to provide the following services for an amount not to exceed THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500): 1) Coordinating electrical service and transformer locations with the appropriate utility company and Contractor. 2) Preliminary electrical load calculations. 3) Cost estimates for removal, replacement and relocation of electrical facilities. - 4) Complete working drawings showing the following: a. Electrical service and distribution for the street lighting. -3- 3 <e . . . . . . , I b. c. d. Circuiting of landscape and miscellaneous area lighting. Street sign lighting. Connections to sprinkler controllers. 5) Electrical specifications in sufficient detail for construc- tion bids. 6) Review shop drawings. 7) Four job site visits to determine the progress and quality of work in accordance with electrical specifications. The foregoing electrical engineering services do not include: 1) 2) Plan check fee and permits. Blueprinting costs other than for coordination. TASK XI Contractor shall furnish Agency with all standard drawing sheets with title blocks as may be required and shall provide Agency with ten (10) sets of prints of the construction bid documents. Construc- tion bid documents, costs of blueprinting, plan check fees (unless waived), permits and other costs as directed by Executive Director shall be charged at direct cost to Agency and shall not be considered as part of the compensation herein set forth. II TIME OF PERFORMANCE Subject to the provisions of this agreement, all services required herein shall commence when and as directed by Agency in writing and shall be completed within 90 days from and after receipt of Agency's written direction. III COMPENSATION AND METHOD OF PAYMENT Subject to the provisions of this agreement, Contractor agrees to perform the services as set forth herein, and Agency agrees to 'pay Contractor for suc~services a fee, not to exceed TWENTY NINE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($29,450), subject to said total sum, such fee shall be determined by applying the following schedule of charges to work actually performed by Contractor hereunder: -4- 3 (8 . . - . 8 . , I "- Professional Hourly Fee Schedule: Bissell and August: Principals, (Bissell, August, Associates Technical personnel Clerical and Junior personnel Lawson) $45.00/hour $28.00/hour $22.50/hour $13.50/hour M & Q Pacific: Principal Project Engineer Design Engineer Designer Draftsman Deliveries Two-man Survey Party Three-man Survey Party $41. DO/hour $3l.50/hour $28.50/hour $24.00/hour $22.00/hour $13.50/hour $59.00/hour $77.00/hour Frederick Brown Associates: Principals Associates Design Engineers Draftsman $45.00/hour $35.00/hour $30.00/hour $20.00/hour IV EXPENSES There shall be no reimbursement in addition to the applicable compensation herein before specified for travel, subsistance, or other incidental expenses incurred by Contractor or its associates in connection with the performance of the services required to be provided hereunder. V METHOD OF PAYMENT Contractor shall submit to Agency monthly, a verified state- ment in a form to be approved by Agency containing a breakdown of work completed during the preceding month. The verified statement as to work completed shall be attached to an invoice stating all claims for work completed during the prior month. The invoice must be submitted prio~ to the fifth day of each month and if so done, the Agency shall audit such statements and remit payment within thirty (30) working days after the submission of the invoice. -5- 3 (8 . .. - . - . VI STAFF OF THE AGENCY Nothing in this contract shall preclude Agency from performing with its own staff any of the services herein required of the Con- tractor. To the extent such work is performed by Agency, Contractor shall have no interest in or right to be reimbursed for the same. VII CONFLICT OF INTEREST Contractor agrees that neither Contractor nor any person associated therewith will either directly or indirectly represent or assist owners of the properties located in the Project in regard to the acquisition of such property by Agency nor divulge to any person any information in regard to such acquisition. If this con- tract is terminated, neither Contractor nor any person associated therewith shall thereafter directly or indirectly represent or assist any owner of property within the Project in any matter con- cerning the acquisition of such property by Agency. VIII HOLD HARMLESS Contractor shall indemnify and save harmless Agency and the City of Santa Ana, their officers and employees, against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of Agency and the City of Santa Ana, and shall defend, indemnify and save harmless Agency and the City of Santa Ana from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the operations in con- nection herewith, including operations of subcontractors and acts or omissions of employees or agents of Contractor or its subcontractors. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of Contractor under the terms of this agreement. Contractor shall pro- cure and maintain, at its own cost and expense,. any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the prosecution of the work. IX INSURANCE Contractor shall obtain at its sole cost and file with the City Clerk of the City of Santa Ana, prior to exercising any right or obligation pursuant to this agreement, and maintain for the period -6- 3 . . -. . . . . u covered by this agreement, a policy or policies of liability insur- ance naming Agency and the City of Santa Ana, their officers and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damage or injuries to persons or property resulting from or arising out of the opera- tions, acts, or omissions of Contractor, its officers, agents or employees. Said policy of insurance shall provide coverage for both bodily injury and property damage in the following minimum amounts: Bodily injury, five hundred thousand dollars ($500,000) each occur- rence, property damage, one hundred thousand'dollars ($100,000) each occurrence. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or addi- tional insured shall be effective until after ten (10) days notice thereof has been given in writing to Agency. Contractor shall give to Agency prompt and timely notice of any claim made or suit instituted. X WORKER'S COMPENSATION INSURANCE If Contractor, now or at any time during the course of this agreement, qualifies as an employer under Labor Code Section 3300, unless the hired employee(s) come(s) within those persons excluded under the Labor Code, Contractor shall furnish Agency and the City of Santa Ana with an insurance certificate from its worker's com- pensation insurance carrier certifying that it carries such insur- ance, and that the policy shall not be cancelled nor the coverage reduced except upon ten (10) days prior written notice to Agency and the,City of Santa Ana. XI EMPLOYMENT OF RESIDENTS Contractor is encouraged by Agency to employ qualified people, when available, from the general project area to assist in providing the services contracted for in this agreement. XII EQUAL OPPORTUNITY a) Contractor certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor agrees to take affirma- tive action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or ternina- tion; rates of payor other forms of compensation; and selection for -7- 3 ~ . . - . 8 . " í training including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by Agency setting forth the provisions of this non-discrimination clause. b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c) Contractor agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement, so that such provisions will be binding upon each subcontractor pro- vided that the foregoing provisions shall not apply to contracts or subcontracts for standard conunercial supplies or raw materials. XIII SUBCONTRACTORS By execution of this agreement, Agency approves M & Q Pacific, Civil Engineers-, and Frederick Brown Associates, Electrical Engineers, as subcontractors of Contractor. Contractor agrees to include all the terms of this agreement in each contract with each and every authorized subcontractor. No performance of this agreement nor any portion thereof may be further assigned or subcontracted by Contractor without the express written consent of Agency. Any attempt by a sub- contractor to assign or subcontract any of the terms of this agree- ment without the express written consent of Agency shall be null and void and shall constitute a breach of this agreement. XIV NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to Agency at 20 Civic Center Plaza, Santa Ana, California 92701, and to Contractor at Gateway Plaza, 190 Newport Center Drive, P. O. Box 2760, Newport Beach, California 92660. XV TERMINATION Either party, upon~hirty (30) day notice in writing to the other, may terminate this agreement and Contractor shall only be entitled to compensation for services performed to the expiration of said thirty (30) day notice. -8- 3 <8 . . <8 . 8 . , I \.. XVI OWNERSHIP OF MATERIALS AND DOCUMENTS Any and all sketches, drawings, tracings, filed survey notes, computations, detail and other materials and documents prepared by Contractor shall be the property of Agency from the moment of their preparation and Contractor shall deliver such materials and docu- ments to Agency whenever requested to do so by Agency. XVII NON-DISCLOSURE The designs, plans, reports, investigations, materials and documents prepared or acquired by Contractor pursuant to this agree- ment (including any duplicate copies kept by Contractor) shall not be shown to any other public or private person or entity except as authorized in writing by Agency. Contractor shall not disclose to any other public or private person or entity any information regard- ing the activities of Agency, èxcept as authorized in writing by Agency. XVIII VALIDITY The invalidity in whole or in part of any provisions of this agreement shall not void or effect the validity of any other pro- visions of this agreement. XIX LAWS GOVERNING THIS AGREEMENT This agreement shall be governed by and construed in accordance with the laws of the State of California. XX EXCLUSIVITY OF AGREEMENT This agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to employ- ment of Contractor by Agency and contains all the covenants and agree- ments between the parties with respect to such employment in any manner whatsoever. Each party to this agreement acknowledges that no repre- sentations, inducements, promises, or agreements orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement shall be effective unless executed in writing and signed by both Agency and Contractor. -9- 3 , . . . (-8 . . - . - . IN WITNESS WHEREOF, the parties hereto have executed this agree- ment on the date and year first written. ATTEST: ~~ RICHARD E. GOBLIRSCH l Executive Director APPROVED AS TO FORM <a/~ KEITH GO , Agency Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic. By~ ~ØðA~ J G ~, C rman AGENC BISSELL AND AUGUST ASSOCIATES, INC., a California Corp ration By -10- 3