1 A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this _____ day of __________, 2022, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
PACIFIC ADVANCED CIVIL ENGINEERING, INC., a California corporation, hereinafter referred to as "CONSULTANT."
ANAHEIM and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties."
W I T N E S S E T H:
WHEREAS, ANAHEIM is a m unicipal 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 the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain technical professional consultant to provide design services for the OC River Walk Project (the “Project”); and WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to pr ovide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEIM has solicited and received a proposal from CONSULTANT dated June 13, 2022 ("Proposal"), 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, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1. SERVICES TO BE PROVIDED BY CONSULTANT
In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide the Services, as are more particularly described in the CONSULTANT’s Proposal, which is attached hereto as Exhibit “A” and incorporated herein by this reference ("Scope of Services"). ANAHEIM shall issue a Notice to Proceed for work identified in Exhibit “A” for Phase 1 of the Project. ANAHEIM shall issue a separate Notice to Proceed for the remaining work for the Project identified in Exhibit “A” as Phase 2 and upon completion of the Phase 1 work. ANAHEIM reserves the right to modify the Scope of Services in its sole discretion.
2. TERM
The term of this Agreement shall commence on the Effective Date of this Agreement as set forth in Section 38 herein, and shall terminate upon the completion of the Services described herein, unless terminated earlier as set forth in Section 25 herein ("Term").
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the perform ance of th is 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 ANAHEIM.
3.2 The tim e period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobe dience, sabotage, restraint by court order or public authority and action or non -action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10) days of the commencement of such delay notify the Pr oject Administrator in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for performing the Services for the period of the enforced delay if, in the judgment of the Pro ject Administrator, such delay is justified. The Project Administrator's determination shall be final and conclusive upon the Parties to this Agreement. In the event of delay, however caused, CONSULTANT's sole remedy shall be an extension of th is Agreement pursuant to this Section and CONSULTANT shall not be entitled to recover damages against ANAHEIM.
4. COMPENSATION
4.1 ANAHEIM shall pay CONSULTANT for the Services satisfactorily rendered pursuant to this Agreement in accordance with the hourly rates a nd Fee Schedules attached hereto as Exhibit “A” and incorporated herein by this reference. ANAHEIM shall pay
3 CONSULTANT the amount of Four Million, Nine Hundred Thirty -Eight Thousand, Five Hundred Seventeen Dollars and No/100 Cents ( $4,938,517.00) for the work identified in Exhibit “A” for Phase 1 of the Project pursuant to the Notice to Proceed. In addition, ANAHEIM shall pay CONSULTANT the amount of Two Million, Nine Hundred Ninety -Two Thousand, One Hundred Ten Dollars and No/100 Cents ( $2,992,110.00) for the work identified in Exhibit “A ” for Phase 2 of the Project pursuant to the Notice to Proceed . CONSULTANT and ANAHEIM agree that no changes to the hou rly rates set forth in Exhibit “A” shall be made during the T erm of this Agreement without the prior written authorization of ANAHEIM.
4.2 It is understood and agreed between the parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement shall not exceed the sum of Seven Million, Nine Hundred Thirty Thousand, Six Hundred Twenty -Seven Dollars and No/100 Cents ($7,930,627.00) (“Total Compensation”).
4.3 The Director of Community Services is authorized to approve additional expenditures not to exceed ten percent (10%) of the Total Compensation, for Extra Work. .01 In no event shall CONSULTANT render Extra Work beyond the Scope of Work without the written authorization of the Director of Community Services. .02 All Extra Work approved in writing by the Director of Community Services shall be bi lled at either the rates set forth in Exhibit A, or at a fixed price, at ANAHEIM’s sole discretion. If billed at a fixed price, CONSULTANT shall provide ANAHEIM with general description of the Extra Work to be performed with a proposed price.
At such time as the Director of Community Services has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSULTANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 As used herein, “Extr a Work” means any work that is determined by Director of Community Services to be necessary for the proper completion of the Services, but which is not included within the Scope of Work and which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
4.4 CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT's bills shall include the name of the person 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. ANAHEIM sha ll pay CONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.
4.5 All Parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the Cit y Council at the time of the adoption of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be
4 exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Par ties based on items delivered, services provided, monies paid and monies due.
5. PROJECT MANAGER
5.1 CONSULTANT shall designate a Project Manager, who shall coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable time s during the Term of this Agreement. CONSULTANT has designated Jacob Peterson to be its Project Manager. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the foregoing Project Manger shall be responsible during the Term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing Project Manager may not be changed by CONSULTANT and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.
5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safe ty of persons or property, shall be promptly removed from the Project by CONSULTANT at the request of ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by Community Services Department. The following employees of the ANAHEIM Community Services Department shall be authorized to take the following actions:
6.1 The Director of Community Ser vices or his/her designee is authorized to take any action on behalf of ANAHEIM as set forth herein in this Agreement, including, but not limited to extra work, compensation, renewal or termination of Services.
6.2 The Project Administrator shall have the power to act on behalf of ANAHEIM for review and approval of all Services performed by CONTRACTOR under this Agreement. The Project Administrator shall not be authorized to approve extra work, changes to compensation or rates, renewal or termination of Services under this Agreement.
7. STANDARD OF CARE
7.1 CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the Services. CONSULTANT warrants that all employees and subconsultants, if any, shall have
5 sufficient skill and experien ce to perform the Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.
7.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is leg ally required of CONSULTANT to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.
8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents and warrants that CONSULTANT: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Serv ices under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and sh all not proceed except at CONSULTANT's risk until written instructions are received from ANAHEIM.
9. INDEPENDENT CONTRACTOR
9.1 Neither ANAHEIM nor any of its employees shall have any control over the manner, mode or means by which CONSULTANT, its agents o r employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT's employees, servants, representati ves or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obligations as are consistent with that role.
CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.
9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor e against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
10. INSURANCE
6 Without limiting ANAHEIM’ S right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
.01 Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per accident. .02 Commercial Genera l Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent CONSULTANT’ S Liability, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible or self -insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
.03 Comprehensive Automobile Liability Coverage including -as applicable -owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.
.04 Professional Liability Insurance in an amount not less than $2,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shal l be written on a primary basis, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
10.2 Each insurance policy required by this Agr eement shall contain the following clause or shall otherwise provide for the following conditions:
“ This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium that shall provide for not less than ten (10) days’ notice.”
10.3 Each insurance policy required by this Agreem ent, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City of Anaheim.”
“ The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM - designated volunteers are added as additional in sured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”
10.4 Prior to commencing any work under th is Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty
7 (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above -referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’ s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, beli eves it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
10.5 In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or .02 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’ s failure to maintain insurance or secure appropriate endorsements.
10.6 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or pro perty resulting from CONSULTANT’ s, (or CONSULTANT’ s contractors/subcontractor, if any) performance of the work covered under this Agreement.
10.7 In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above -referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services — such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, C ONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
10.8 ANAHEIM’ S Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such amendment is in ANA HEIM’ S best interest based on the scope of services and nature of the project.
11. INDEMNIFICATION
8 11.1 As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its offici als, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, to the extent arising directly out of the negligent acts, errors or omissions of the CONSULTANT or any SUB -AGENT in the performance of professional services under this Agreement.
11.2 As respects all acts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against an y and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S AGENT or SUB-AGENT, if any) acts, errors, omissions , or work, relative to this Agreement; except for those Claims that arise out of the sole negligence o r willful misconduct of ANAHEIM.
11.3 The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
ANAHEIM’S Risk Manager is hereby authorized to amen d the requirements set forth herein in the event that such amendment is in ANAHEIM’S best interest.
12. PREVAILING WAGES
Where required pursuant to the provisions of the State of California Labor Code or the Davis Bacon Act, not less than the general prev ailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this Agreement, shall be paid to all workmen employed on the work to be done according to this contrac t by CONSULTANT or any approved Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, CONSULTANT and Subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City of Anaheim, Office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on request.
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
9 the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to ANAHEIM for entering into this Ag reement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.
15. SUBCONTRACTING
Except for those subcontractors set forth in the Scope of Services, if any, CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAHEIM and subcontractor nor shall it create any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise require d by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.
16. USE AND OWNERSHIP OF DOCUMENTS AND DATA
16.1 ANAHEIM shall furnish to CONSULTANT such documents and materials as may be relevant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire.
16.2 All documents and materials furnished by ANAHEIM to CONSULTANT pursuant to Section 16. 1 shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or material prepared or caused to be prepared by CONSULTANT, its officers, employees, agents and subcontractors, in t he course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such materials in its discretion without further compensation to CONSULTANT or any other party. CONSULTANT shall, at CON SULTANT's sole cost and expense, provide such documents and material to ANAHEIM upon prior written request.
Documents and material prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by ANAHEIM or othe rs 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 ANAHEIM's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of
10 changes made to CONSULTANT's deliverables under this Agreement by ANAHEIM or persons other than CONSULTANT, is waived against CONSULTANT and ANAHEIM assumes full responsibility for such changes unless ANAHEIM has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
17. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the Services provided under this Agreemen t, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the release of said information.
18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees aga inst any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.
19. 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 ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identi fiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.
20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT 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 and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
11 In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this Agreement.
22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and t hat ANAHEIM may enter into similar agreements with other entities for the provision of similar services.
23. 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 immediate termination of this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.
24. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: City Attorney’s Office
City of Anaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-5123
12 To CONSULTANT: Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200
Fountain Valley, California 92708
Telephone: (714) 481-7300
25. ENFORCEMENT OF AGREEMENT
25.1 Events of Default.
.01 For purposes of this Section 25, the word "Default" shall mean the failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a gen eral assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary pet ition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT's assets or of CONSULTANT's interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a per iod of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM's obligation is such that more than thirty (30) days are req uired for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
25.2 Immediate Termination for CONSULTANT's Default. In the event of any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by CONSULTANT of written notice from ANAHEIM. In such event, CONSULTANT shall h ave no further rights hereunder, and ANAHEIM shall have all other rights and remedies as provided by law.
25.3 Termination without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving seven (7) days n otice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termination.
CONSULTANT may not terminate this Agreement except for cause.
26. COMPLIANCE WITH ALL LAWS
13 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 herein after enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.
27. WAIVER
A waiver by eithe r 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.
28. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
30. INTERPRETATION
Each Party acknowledges that he / she / it has had the benefit of advice of competent legal counsel with respect to its dec ision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
31. AMENDMENTS
This Agreement may be modified or amended only by a written docume nt executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforce able, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreem ent shall be valid and enforceable to the fullest extent permitted by law.
33. REMEDIES CUMULATIVE
14 The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy.
34. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to an y third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any ac tion brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of Services or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.
37. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organ ization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
38. EFFECTIVE DATE
This Agreement shall be effective on the date on which thi s Agreement is executed by ANAHEIM ("Effective Date").
[Signatures on Following Page]
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
“ANAHEIM”
ATTEST:
By: _
Theresa Bass, City Clerk
DATE OF EXECUTION:
PACIFIC ADVANCED CIVIL ENGINEERING,
INC.
By:
Printed Name: ________________________
Title: ________________________________
“CONSULTANT"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
146458
2 EXHIBIT A
STARTS AFTER THIS PAGE
TOTAL TOTAL
Item
No. Work Item Description
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total
Total
Cost
Hours
Sub
Total
Total
Cost
HOURS TASK
1.1 PROJECT COORDINATION 538 $119,870 0 $0 328 $50,840 84 $22,470 112 $19,770 100 $19,000 86 $16,890 20 $2,000 82 $20,500 1350 $271,340 Project Kick-off Meeting 22 $5,530 8 $1,240 4 $1,070 2 $420 4 $760 2 $390 8 $800 2 $500 52 $10,710 Monthly Status Meetings 430 $93,250 160 $24,800 40 $10,700 54 $9,590 80 $15,200 44 $8,700 6 $600 40 $10,000 854 $172,840 Public Meetings and Hearings 86 $21,090 160 $24,800 40 $10,700 56 $9,760 16 $3,040 40 $7,800 6 $600 40 $10,000 444 $87,790
1.2 GEOTECHNICAL 60 $12,985 0 $0 0 $0 16 $4,140 0 $0 566 $89,440 0 $0 0 $0 642 $106,565 Project Coordination and Background Review 8 $1,620 40 $6,780 48 $8,400 Drilling Plan, Health & Safety Plan, and Permit Acq. 20 $4,625 62 $9,450 82 $14,075 Site Reconnaissance and Markout for Utility Clearance 16 $2,400 16 $2,400 Subsurface Evaluation 126 $19,460 126 $19,460
Bridge/Pier/Abutment Foundations 8 $1,880 16 $4,140 24 $6,020 Laboratory Testing 0 $0
Data Compilation and Analysis 164 $27,780 164 $27,780
Draft Report Preparation 8 $1,620 124 $18,188 132 $19,808 Response to Comments and Final Report Preparation 16 $3,240 34 $5,382 50 $8,622
1.3 SURVEY & UTILITY INVESTIGATION 108 $18,500 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 862 $164,210 970 $182,710 Property Boundary Mapping 52 $8,940 140 $29,800 192 $38,740 Identification of Existing Easements 160 $27,600 160 $27,600 Utility Research - Office 56 $9,560 100 $17,450 156 $27,010 Utility Survey - Field Verification 80 $17,500 80 $17,500 Topographic and Property Boundary Survey 180 $39,800 180 $39,800 Property Easements for All Improvements 202 $32,060 202 $32,060
1.4 COMMUNITY OUTREACH 100 $19,600 0 $0 149 $22,975 0 $0 0 $0 0 $0 652 $97,780 24 $2,400 925 $142,755 Community Outreach Meeting Preparation and Attend. 100 $19,600 149 $22,975 652 $97,780 24 $2,400 925 $142,755
1.5 MASTER PLAN 0 $0 0 $0 958 $140,963 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 958 $140,963 Trail (Katella - Anaheim Coves) 15% Trail Design 56 $8,029 56 $8,029 Ball Road Culvert Undercrossing Graphics 52 $7,369 52 $7,369 SART East Bank Addition (Katella - Orangewood) 64 $9,109 64 $9,109 Pedestrian Bridge APS (15%) 76 $11,449 76 $11,449
River Walk Width Expansion and Connectivity 60 $8,909 60 $8,909 SART Pinch Point Relief - 57 Freeway 60 $8,909 60 $8,909 SART Pinch Point Relief - ARTIC 52 $7,589 52 $7,589
River Impoundment 26 $3,689 26 $3,689
Riverbank Modifications 72 $11,229 72 $11,229
River Recreation 68 $10,569 68 $10,569
Cantilever Decks 68 $10,789 68 $10,789
Engagement with Adjacent Spaces Graphics 72 $10,789 72 $10,789 Stepped River Embankment 96 $13,929 96 $13,929
Landscape Enhancement 132 $18,609 132 $18,609
2 30% DESIGN DOCUMENTS 3520 $702,450 0 $0 555 $76,845 644 $126,230 0 $0 0 $0 0 $0 0 $0 721 $138,010 5440 $1,043,535 River Impoundments
Impoundment Hydraulic Modeling 274 $56,110 274 $56,110
Impoundment Structure Sizing / Layout (3 sites) 410 $84,250 410 $84,250 Impoundment Structure Foundation (3 sites) 210 $39,900 75 $13,550 285 $53,450 Impoundment Structure Mechanical Design 314 $70,510 314 $70,510 Impoundment Structure Electrical Design 40 $6,800 40 $6,800 Existing Storm Drain Modifications & Backflow Prevention 690 $134,050 9 $2,000 699 $136,050 Riverbank Reconfiguration
Hydraulic Modeling of Embankment Modifications 350 $68,350 350 $68,350 Embankment Plans, Profiles, & Cross-Sections 420 $82,200 185 $25,615 605 $107,815 Embankment Structural Sizing 160 $28,260 44 $8,380 204 $36,640 Plan, Profile & Sections within Stepped Embankment 76 $15,260 185 $25,615 234 $43,920 495 $84,795 Non-motorized Multimodal Bridge
Pedestrian Bridge APS (15%) 260 $51,200 260 $51,200
Civil Plan & Profile of Bridge 24 $4,600 10 $1,850 104 $20,020 138 $26,470 Structural Engineering Design 24 $4,600 160 $33,800 184 $38,400 Hydraulic Modeling of Bridge Abutments & Piers 240 $48,200 10 $1,850 250 $50,050 Trail Extension / Connections to Anaheim Coves
Trail Layout (Plan & Profile) 48 $9,960 185 $25,615 164 $32,170 397 $67,745 Storm Drain/H&H WQMP 210 $39,900 210 $39,900
Railroad Undercrossing Hydraulic Modeling 240 $49,400 240 $49,400 Railroad Undercrossing Structural Retaining Wall 85 $15,600 85 $15,600 3 ENVIRONMENTAL REVIEW/ANALYSIS, PERMITS, &
AGREEMENTS 1472 $310,680 3529 $575,560 0 $0 468 $110,320 390 $71,900 0 $0 0 $0 0 $0 176 $39,580 6035 $1,108,040 EIR/EA 164 $34,060 2103 $356,410 2267 $390,470
ACOE 408 Permit 480 $102,000 80 $15,800 560 $117,800
ACOE 404 Permit 116 $25,140 476 $73,230 20 $2,700 612 $101,070 OCFCD/OCPW Permit 112 $22,640 80 $21,400 64 $11,940 256 $55,980 OCWD Permit 112 $29,680 64 $11,940 176 $41,620
RWQCB 401 Permit 72 $14,560 475 $72,960 12 $2,020 559 $89,540 CDFW 1602 Permit 64 $12,440 475 $72,960 12 $2,020 551 $87,420 Caltrans Permit (Pier Impoundment) 44 $8,900 80 $21,400 52 $9,420 176 $39,720 Railroad (SPT Trail Extension) Permit 44 $8,900 80 $21,400 86 $16,060 210 $46,360 * Pinch Point Caltrans Permit (Retaining Wall) 57 Freeway 132 $26,180 152 $30,080 34 $7,580 318 $63,840 * Pinch Point Railroad Permit (ARTIC Underpass) 132 $26,180 76 $16,040 142 $32,000 350 $74,220 4 65% DESIGN DOCUMENTS 5586 $1,027,280 100 $18,320 909 $122,835 2035 $360,035 0 $0 0 $0 0 $0 0 $0 612 $114,290 9242 $1,642,760 River Impoundments
Impoundment Structure Plans & Sections (3 sites) 542 $105,380 0 $0 542 $105,380 Impoundment Structure Foundation Plans (3 sites) 132 $24,320 190 $34,050 322 $58,370 Impoundment Specifications 376 $80,940 25 $4,625 401 $85,565 Impoundment Mechanical Plans 418 $86,020 418 $86,020
Impoundment Structure Electrical Design 200 $38,000 200 $38,000 Existing Storm Drain Modifications & Backflow Prevention 900 $153,000 900 $153,000 Riverbank Reconfiguration
Hydraulic Modeling of Embankment Modifications 480 $96,400 480 $96,400 Embankment Plans, Profiles, & Cross-Sections 1610 $257,800 225 $30,275 1835 $288,075 Embankment Specifications 240 $48,200 240 $48,200
Embankment Structural Sections 240 $48,200 100 $18,320 115 $21,035 455 $87,555 Plan, Profile & Sections within Stepped Embankment 180 $33,500 225 $30,275 366 $67,930 771 $131,705 Non-motorized Multimodal Bridge
Civil Plan & Profile of Bridge 100 $21,800 225 $30,275 20 $3,700 36 $6,880 381 $62,655 Structural Engineering Design 72 $14,560 870 $136,450 942 $151,010 Structural Calculations Package 290 $65,150 290 $65,150 Structural Specifications for Bridge 80 $14,800 80 $14,800 Trail Extension / Connections to Anaheim Coves
Trail Layout (Plan & Profile) 48 $9,960 234 $32,010 106 $19,730 388 $61,700 Storm Drain/H&H WQMP 32 $5,960 104 $19,750 136 $25,710
Railroad Undercrossing Structural Retaining Wall 16 $3,240 445 $80,225 461 $83,465 5 DESIGN OF PUBLIC EDUCATION/ART FEATURES 120 $23,480 0 $0 96 $13,789 0 $0 0 $0 0 $0 0 $0 394 $39,400 0 $0 610 $76,669 Planning Integrated Public Education/Art 96 $13,789 54 $5,400 150 $19,189 Construction Documents for 2-3 Art Elements 120 $23,480 340 $34,000 460 $57,480 SUB-TOTAL - PHASE 1: 11504 $2,234,845 3629 $593,880 2995 $428,246 3247 $623,195 502 $91,670 666 $108,440 738 $114,670 438 $43,800 2453 $476,590 26172 $4,715,336 EXPENSES - PHASE 1: $15,000 $14,321 $0 $2,150 $0 $155,210 $17,500 0 $1,000 $18,000 $223,181 GRAND TOTAL - PHASE 1: $2,249,845 $608,201 $428,246 $625,345 $91,670 $263,650 $132,170 438 $44,800 $494,590 26172 $4,938,517 * Pinch Point are a critical path schedule item. PACE has included pinch point preliminary design and permit application submittal with Phase 1 Scope.
LIST OF DELIVERABLES
1 Master Plan, supporting graphics, presentation materials, estimated probable costs, geotechnical report / analysis / recommendation, survey with topographic / property boundary / utility info, and community outreach / presentations 2 Environmental Reports / Documents, presentations, and permit applications 3 30% construction documents, and a statement of probable costs 4 65% construction documents, draft specifications, materials board, and statement of probable costs 5 Design drawings for up to three art installations, and statement of probable costs Assumptions
1 City pays all agency permit fees, plan check fees, and related submittal fees. 2 City Community Services & City Attorney lead discussion, coordination, and legal agreement preparation for all necessary easements, MOU's, and agreements with stakeholders. PACE team will provide technical support and easement legal descriptions as needed.
Reimbursable Expenses
1 PACE, Parsons, A.E. Mosaics reimbursables for miscellaneous expenses and production prints. 2 Harris & Associates reimbursables for miscellaneous permitting costs. 3 Ninyo & Moore reimbursables for miscellaneous permit fees, drill rigs, testing/disposal fees, and supplies. 4 ALTA reimbursables are for miscellaneous expenses related to community outreach. 5 Huitt Zollars reimbursables are for Title Reports.
STUDIO-MLAHARRIS & ASSOC.PACE PARSONS CAB ENGINEERS NINYO & MOORE ALTA A.E. MOSAICS Huitt Zollars PHASE 1:
TOTAL TOTAL
Hours
Sub
Total Total Cost
Hours
Sub Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours
Sub Total
Total Task
Costs
Hours
Sub
Total Total Cost
Hours
Sub
Total Total Cost
Hours Sub
Total Total Cost
Hours Sub
Total Total Cost
HOURS TASK
6 PHASE 2 PROJECT COORDINATION THROUGH 100% 314 $70,710 0 $0 80 $12,400 40 $10,700 28 $4,880 40 $7,600 0 $0 0 $0 20 $5,000 522 $111,290 Meeting Attendance and Coordination 314 $70,710 80 $12,400 40 $10,700 28 $4,880 40 $7,600 20 $5,000 522 $111,290 7 UTILITY VERIFICATION 40 $7,840 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 408 $104,750 448 $112,590 Potholing Underground Utility Confirmation 40 $7,840 98 $44,900 138 $52,740 Easements and Metes and Bounds 310 $59,850 310 $59,850
8 FINAL PERMITTING 490 $102,950 216 $47,040 0 $0 0 $0 310 $61,350 0 $0 0 $0 0 $0 0 $0 156 $211,340 ACOE 408 Permit 88 $17,880 68 $13,280 156 $31,160
ACOE 404 Permit 16 $3,880 72 $15,680 16 $3,360 104 $22,920 OCFCD/OCPW Permit 42 $8,490 48 $9,080 90 $17,570
OCWD Permit 52 $13,060 44 $8,740 96 $21,800
RWQCB 401 Permit 28 $5,660 72 $15,680 16 $3,360 116 $24,700 SWPPP Permit 200 $41,300 16 $3,360 216 $44,660
CDFW 1602 Permit 24 $4,600 72 $15,680 16 $3,360 112 $23,640 Caltrans Permit (Pier Impoundment) 20 $4,040 32 $6,220 52 $10,260 Railroad (SPT Trail Extension) Permit 20 $4,040 54 $10,590 74 $14,630
9.1 90% CONSTRUCTION PROGRESS DOCUMENTS 5636 $993,060 0 $0 1526 $215,970 1382 $257,995 0 $0 24 $4,520 0 $0 0 $0 915 $158,750 10631 $1,630,295 River Impoundments
Impoundment Structure Plans & Sections (3 sites) 624 $110,960 624 $110,960 Impoundment Structure Foundation Plans (3 sites) 48 $9,720 190 $37,250 238 $46,970 Impoundment Specifications 160 $29,800 10 $1,850 170 $31,650 Impoundment Structure Mechanical Plans 620 $109,900 620 $109,900 Impoundment Electrical and Controls (Safety Alarms) Design 584 $98,440 584 $98,440 Existing Storm Drain Modifications & Backflow Prevention 1700 $313,900 1700 $313,900 Riverbank Reconfiguration
Embankment Plans, Profiles, & Cross-Sections 1280 $204,800 348 $48,900 1628 $253,700 Embankment Specifications 144 $29,360 144 $29,360
Embankment Structural Sections 320 $57,600 130 $25,575 450 $83,175 Plan, Profile & Sections within Stepped Embankment 80 $13,840 348 $48,900 245 $44,050 673 $106,790 Non-motorized Multimodal Bridge
Civil Plan & Profile of Bridge 28 $5,540 242 $33,470 10 $1,850 35 $6,600 315 $47,460 Structural Engineering Design 24 $4,600 488 $92,680 512 $97,280 Independent Structural Calculations Verifications 260 $41,600 260 $41,600 Structural Specifications for Bridge 24 $4,440 24 $4,440 Trail Extension / Connections to Anaheim Coves
Trail Finish Plans and Details 24 $4,600 588 $84,700 105 $18,350 717 $107,650 Storm Drain/H&H WQMP 466 $89,750 466 $89,750
Railroad Undercrossing Structural Retaining Wall 270 $52,750 270 $52,750 Geotechnical Review of Construction Drawings 24 $4,520 24 $4,520
9.2 95% CONSTRUCTION DOCUMENTS 708 $132,060 0 $0 90 $11,940 344 $69,200 0 $0 6 $1,130 0 $0 0 $0 $64 $12,520 1212 $226,850 River Impoundments
Update of Documents for Comment Incorporation 276 $51,660 68 $13,650 344 $65,310 Riverbank Reconfiguration
Update of Documents for Comment Incorporation 320 $57,200 30 $3,980 36 $7,200 32 $6,260 418 $74,640 Non-motorized Multimodal Bridge
Update of Documents for Comment Incorporation 56 $11,600 30 $3,980 178 $35,930 32 $6,260 296 $57,770 Trail Extension / Connections to Anaheim Coves
Update of Documents for Comment Incorporation 56 $11,600 30 $3,980 62 $12,420 148 $28,000 Geotechnical Review of Construction Drawings 6 $1,130 6 $1,130
9.3 100% CONSTRUCTION DOCUMENTS 708 $132,060 0 $0 78 $10,620 259 $50,655 0 $0 0 $0 0 $0 0 $0 186 $34,830 1231 $228,165 River Impoundments
Update of Documents for Comment Incorporation 276 $51,660 48 $9,340 324 $61,000 Riverbank Reconfiguration
Update of Documents for Comment Incorporation 320 $57,200 26 $3,540 28 $5,560 62 $11,610 436 $77,910 Non-motorized Multimodal Bridge
Update of Documents for Comment Incorporation 56 $11,600 26 $3,540 130 $25,275 62 $11,610 274 $52,025 Trail Extension / Connections to Anaheim Coves
Update of Documents for Comment Incorporation 56 $11,600 26 $3,540 53 $10,480 62 $11,610 197 $37,230 10 BID PHASE & SERVICES DURING CONSTRUCTION 1340 $252,420 0 $0 352 $57,600 478 $95,110 0 0 60 $11,300 0 0 82 $8,200 178 $35,350 2490 $459,980
10.1 Bidding Assistance 24 $2,400 24 $2,400
River Impoundments 88 $18,320 16 $4,280 104 $22,600
Riverbank Reconfiguration 88 $18,560 4 $820 92 $19,380
Non-motorized Multimodal Bridge 8 $1,640 8 $1,640
Trail Extension / Connections to Anaheim Coves 68 $11,140 64 $17,120 28 $5,740 160 $34,000
10.2 Construction Meeting Attendance 92 $19,380 24 $6,420 24 $2,400 8 $2,000 148 $30,200
10.3 Responses to RFIs 34 $3,400 0 $0 34 $3,400
River Impoundments 176 $34,160 28 $5,140 9 $1,695 213 $40,995 Riverbank Reconfiguration 176 $34,160 12 $2,260 4 $820 192 $37,240 Non-motorized Multimodal Bridge 122 $23,410 9 $1,695 131 $25,105 Trail Extension / Connections to Anaheim Coves 104 $17,040 16 $3,280 120 $20,320
10.4 Shop Drawing Reviews
River Impoundments 136 $27,240 20 $3,760 9 $1,695 165 $32,695 Riverbank Reconfiguration 136 $27,240 12 $2,260 6 $1,250 154 $30,750 Non-motorized Multimodal Bridge 90 $17,890 9 $1,695 2 $320 101 $19,905 Trail Extension / Connections to Anaheim Coves 104 $17,040 32 $6,280 136 $23,320
10.5 Record Drawings
River Impoundments 224 $36,440 20 $2,690 244 $39,130
Riverbank Reconfiguration 224 $36,920 10 $2,000 234 $38,920 Non-motorized Multimodal Bridge 94 $14,400 4 $640 98 $15,040 Trail Extension / Connections to Anaheim Coves 76 $12,380 56 $10,560 132 $22,940 SUB-TOTAL - PHASE 2: 9236 $1,691,100 216 $47,040 600 $308,530 1121 $483,660 338 $66,230 106 $24,550 0 $0 82 $8,200 1397 $351,200 5455 $2,980,510 EXPENSES - PHASE 2: $10,000 $0 $0 $1,600 $0 $0 $0 $0 $0 $11,600 GRAND TOTAL - PHASE 2: 9236 $1,701,100 216 $47,040 600 $308,530 1121 $485,260 338 $66,230 106 $24,550 0 $0 82 $8,200 0 $351,200 5455 $2,992,110 The fees provided for the engineering services from 65% design through construction are an estimate based on the understanding of the project at this point. These fees will be refined upon completion of 65% when a more complete project understanding is available.
LIST OF DELIVERABLES
9 90%, 95% & 100% construction documents, statement of probable costs, final specifications, and final permits 10 Bid documents, response to bid questions, review of construction progress, response to RFIs, review/approve submittal, preliminary and final punch lists, review/certify/update as-built / record drawings Assumptions
1 City pays all agency permit fees, plan check fees, and related submittal fees. 2 City Community Services & City Attorney lead discussion, coordination, and legal agreement preparation for all necessary easements, MOU's, and agreements with stakeholders. 3 Huitt Zollars NINYO & MOORE ALTA
Item No. Work Item Description
Construction services, not including bidding assistance, is approximately 1.1% of the estimated $45 million construction cost. Construction services do not include construction management, inspections, or testing. Services are limited to periodic site visits, review of shop drawings, response to RFIs, and preparation of record drawings based on Contractor provided as-built drawings.
A.E. MOSAICSPACE HARRIS & ASSOC. STUDIO-MLA PARSONS CAB ENGINEERS PHASE 2: