HomeMy WebLinkAboutBanzuelo/Rierson, Inc. - 1985-08-19Amok
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CONSULTAYiT AC-REE14ENT BETWEERT THE CITY OF HUN`t`INGTON BEACH
AND BAM— LO/RIERSON, INC.FOR THE PREPARATIOV OF PLA,'YS FOR.
TF.E RrCON-STFUCTION OF FACILITIES 0e; THE MUNICIPAL PIER
THIS AGREEMSENT, mane and entered into this -9U zE day
of 19 85 , by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred 1.0 as "CITY," and
BANZUELO/RIERSON, INC., a California 'orporattion, hereinafter
referrer' to 3s "CONSULTANT."
WHEREAS, CITY desire: to engage the services of an
engineering consultant to prepare preliminary plans and working
drawings for the reconstruction of a restroom facility and
electric utiltity housing structure on the Huntington Beach
Municipal Pier; and CONSULTANT has been selected to perform said
services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT a
follows:
1. WORK STATEMENT
CONESULTANT s},al] provide :all engineering services as
described in the Request for Proposal and Statement of
Qualifications (hereinafter referredto as Exhibit "A„), which
is incorporated into this agreement by this reference. Said
services shall sometimes hereinafter be referred to as
CONSULTANT hereby designates D.,,ane Duff who
shall represent it and be its sole contact. and -agent in all
consultations with CITY during the performance of this Agreement.
2. CITY k.TAFF ASSISTANCE..
CITY shall assign a staff coordinator to work directly
with CONSULTANT in thy: prosecution of this Fgreement.
3. TIME OF PERrORPIANCE
Time is of the essence of this Agreement. The services
of the CONSULTANT are to commence zi soon as Practicable after
the execution of this Agreement any? all tasks specified in
Exhibit "A" shall be completed no later than three (3) months
from the date of this AgreemeTit, with an additional one (1)
month for all revisions. These times may be extended with the
;written permissioa of the CITY. The time For performance of the
tasks identified in Exhibit "A" are generz,j ly to be as shown in
the Scope of Services on the Work Program/Project Schedule.
This schedule may be amended to benefit the PROJECT if mutually
agreed by the CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the engineering
services described •, Section 1 above, CITY agrees to ,gay
CONSULTANT a fee of not more than fifteen thousand dollars
($15,000,00).
S. EXTRA WORK
In the event of authorization, in writing by the CITY,
of changes from the work des�--ribed in-;xhibit. "A", or for other
written permission authorizing additional work not contemplated
herein, additional compensation shall be allowed for such Extra
Work, so long as the prior written approval of CITY is obtained.
6. METH'D OF PAYMENT
A. CONSULTANT shall be entitled to progress payments
toward the fixed fee set forth in Section, 4 herein in accordance
,:ith the progress and payment schedules set forth in Exhibit A".
2. Delivery of work product: A copy of every
technical memo and report prepared bg CONSULTANT shall be
submitted tc, the CltY to demonstrate progress toward completion
c_ tasks. In the event CITY rejects or has comments on any suc►i
product, CITY shall identify specific requirements for
satisfactory ccmpletion. Any such product which has not been
normally accepted or rejected by CITY shall be deemeO accepted,
C. :'he CONSULTANT shall submit to the CITY an invoice
for each progress payment due:. Such invoice shall:
1' Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a princir-il member
of the CONSULTANT'S firm that the work has
been performed in accordance with the
provisions of this Agreement, and
3
S) For all payments incline an estimate of the
percentage of work, completed.
Upon Submission of any such invoice, if CITY is
satisfied that CONSULTANT is makinq satisfactory progress toward
completion of tasks in accordance with this Agreement, CITY
shall promptly approve the invoice, in which event payment shall
be made within thirty (30) days' of receipt of the invoice by
CITY. Such approval shall not be unreasonably withheld. If the
CITY does not approve an invoice, CITY shall notify CONSULTANT
in writing of the reasons for non -approval, within :zven (7)
calendar days of receipt of the invoice, and the schedule of
performance set forth in Exhibit "A" shall be suspended until
the parties agree that past performance by wONSULTANT is in, or
has been brought into compliance, or until this Agreement is
terminated pursuant to Section 12 hereof.
D. Any billings fox extra work or additional
services authorized by the CITY shall be invoiced separately to
the CITY. Such invoice shall contain all of the information
required under paragraph 6C, and in addit-on shall list the
hours expended and hourly rate charged for such time. Such
invoices shall be approved by CITY if the work performed is in
accordance with the extra work or additional services requested,
and if CITY is satisfied that the statement of hours worked and
costs incurred is accurate. Such approval shall not be
unreasonably withhele Any dispute between the parties
Ask
concerning payment of such an invoice shall be _reatecl as
separate and apart from the ongoing performance of the remainder
of this Agreemenc.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all m�.terials prepared
.,�ieunder, including all original drawings, designs, reports,
both field and office notes, calculations, maps and other
documents, shall be turned over to CITY upon termination of this
Agreement or upon PROJECT completion, whichever shall c•,car
first. In the event this Agreement is terminated, said.
materials may be used by CITY in the completion of PROJECT or as
it otherwise sees fit. Title to said materials shall pass to
the CIT uper payment of tees determined to be earned by
CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall. be entitled
to retzin copies of all data prepared hereunder.
o. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONSULTANT hereby agrees to defend, indemnify and hold
harmless CITY, its officers, agents and employees, from and
against any and all liability, damages, costs, losses, claims
and expenses, however caused, resulting dir--ctly or indirectly
from or connected with CONSULTANT`3 performance of this
Lareement (including, but not limited to such liability, costs,
c'-.mdge, loso, claim, or expense arising from the death or injury
to an agent or employee of CONSULTANT, subcontractor, if any, or
CITY, or damage to the property of CONSULTANT, subcontractor, if
any, or CITY, or the property of any agent or employee of
CONSULTANT, subcontractor, if any, or CITY), regardless of tha
passive or active negligence of CITY, except where such
liability, damag,s, costs, Losses, claims or expenses are caused
by the sole negligence . willful misconduct of CITY or any of
its agents or employees including negligent omissions or
commissions of CITY, its agents or employees, in connection with
the general supervision or direction of the work to be performed
hereunder.
9. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provi,,)ns of
the Workers' Compen,;ation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all
similar state or federal acts or laws applicable; ar.d shall
indemnify, defend and hold harness CITY from and against all
claims, demands, payments, suits, actions, proeeeiings and
judgments of every nature and des^_rIption, including attorney's
fees and costs presented, brought or recovered against CITY, for
or on account of any liability under any of said. acts which may
ba incurred by reason of any work to be performed by CONSULTANT
under this Agreement.
10. INSURANCE
In addition to the Workers' Compensation Insurance and
CONSULTANT'S covenant to indemnify CITY, CONSULTA14T shall obtain
and furnish to CITY the following insurance policies covering
the PROJECT:
A. General Liability Insurance. A policy of general
public liability insurance, i.ncludin,, motor vehicle
coverage. Said policy shall indemnify CONSULT -ANT, its
officers, agents and employees, while acting within the
scope of their duties, against any and all claims of
arising out of or in connection with the PROJECT, and
shall provide coverage in not less than the following
amount: combined single limit bodily injury or
property damage of t1,000,000 per occurrence. Se-,d
policy shall specifically ,provide that any other
insurance coverage which may be applicable to the
PROJECT shall be deemed excess coverage and that
CONSULTANT'S insurance shall be primary.
B. Errors and omissions Insurance. CONSULTANT shall
ac-,sire an errors and omissions insurance policy
covering the work performed by it hereunder. Said
policy shall provide coverage for CONSULTANT'S e��ors
and omissions in an amount of not Bess than $250,000.
Certificates of insurance for said policies shall be
approved in writing by the City Attorney prior to the
commencement of any work hereunder. All Certificates
of Insurance (and the policies of insurance or
endorsements thereof) :mall provide that any such
Certificates and policies shall not be cancelled or
modified without thirty (30) clays' prior written notice
to CITY.
11. INir PENDEtdT CONTRACTOR
CONSULTANT is; and shall be, acting at all times in the
performance of this Agreement as an independent contractor.
CONSULTANT shall secure at its exr-ense, and be responsible for
any and all payments of all '_axes, social security, state
disability insurance Compensation, unemployment compensation and
other payroll deductions for CONSULTANT and its officers, agents
and employees and all busineiss licenses, if any, in connection
with t'he services to be performed hereunder.
12. 'TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a
good and workm.nlike manrier. CITY may terminate CONSULTANT'S
services hereunder at any time with or without cause, and
whether or not PROJECT is fully complete. Any termination of
this Agreement by CI`f shall be made in writing through the City
Engineer, notice of which shall be delivered t-) CONSULTANT as
provided in Section 16 herein.
N
13. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a =_-ersonal service contract and the
supervisory work hereunder shall not be delegated by CONSULTANT
to any other person or entity without the consent of CITY.
14. COPYRIGHTS/PATENTS
CONSULTANT shall not apply for a patent or copyright on
anv item or material produced as a result of this Agreement, as
set forth in 41 CFR 1-9.1.
15. CITY EMPLOYFES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor aily
regular CITY employee in the work performed pursuant to this
Agreement. In accordance with California Government Code
Sections 1090 et seq., but subject to the exceptions therein set
forth, no CITY official or employee shall be financially
interested in nor derive any financial benefit, either directly
or indirectly, from this Agreement.
16. NOTICES
Any notices or special instructions required to be
given in writing under this Agreement shall be given either by
personal delivery to CONSULTANT'S agent (as designated in
Section 1 "•nreinabove) or to CITY`S Director of Public Works as
the situation shall warrant, or .)y enclosing the same in a
sealed envelope, postage prepaid, and depositing the same in the
United States Pc.stal Services, addressed as follows:
9
TO CITY:
Mr. Paul Cook
Director of Public. Works
City of Huntington Beach
2000 %lain Street
Huntington Beach, CA 92648
17. ENTIRETY
TO CONSULTANT:
BANZUELO/1?IERSON, INC.
301 N. Rampart Street
Orange, California 92668-1801
The foregoing, and Exhibit "A" attached hereto, set
forth the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this.
Agreement to be executed by and through their authorized
officers the day, month and year first above written.
CONSULTANT:
1
To y r_uelo Vice President
r.rs 'n/Treasurer
ri
CITY OF HUNT'NOTON BEACH,
A municipal coeporation
`Mayor
ATTEST: APPROVED AS TO FO�
City Clerk ,,- ,._City Atorney
REVIEWED AND APPROV'EnD::,
.City Administrator
R .:ff
0647L/7/2/85
INITIATED AND APPROVED:
Director of P ks
01,.r�ti
�A
CERTIFICATE OF INSURANCE Approved es toGorm
.e r 0 Gail Hu"on, City Attomey
CITY OF HUNTINGTON BEACH. CALIFORNIA
h BY
_,,yN A MUNICIPAL CORPORATION
, 1, . r.t s, that the policies of insurance as dosc•Ibed below have bee, issued ,: the insured by the undersigned and are in force
a= -h t , Te I Ihate policies are canca4led or changed in such A manner that will effect this certificate, the: insurance company agrees
1, q redi*s prior wnnen notice, by mall. to City of Huntington Beach, P O. Box 711, Huntington Reach, California 92G49. ALL
TF.MS MUST BE COMPLETED. ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND MATED BY AN
A"THOI'IZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
AT T0RNEy
Name of insured BanzuelorRlerson, Inc.
Address of insured 307 N. Rampart St., Suite F, Oronge, CA 92668
Location of Work or Operations to be izarformed
Description of Work or Operatiors
t'LI TES
LIMITS OF LIABILITY
NAME OF COMPANY
EHectire
EXpI•atton
.'CI ES IN FORCF
POLICY NO.
Ir. Thous. -ands lead
(INS.)
GENERAL LIABILITY
X COMPRE'tENSIVE FORM
80195lA
70127184
70127185
Design Professionals
,rl PREMISEb - OPERATIONS
S-7,000,000 CSL
Each Occurance
Insurance Company
< E zP.OSION AND
_...APSE HAZARD
j( _NOERGROUNDHA7ARO
y� P'+OC-CTS COMPLETED
'PERAT'.ONS HAZARD
i -CN-RAC--A'-
NS., RANCE
X °.MCA^.. FORM
=PCIPERTY DAMAGE
)( %DEPENDENT
=�N- �ACTQRS fI
j\' PERSC NA .. N.UR'
�—
_-�,•os lc _ , ,
')(' ,;^MPREHENS,VE r-OHM
E3EO73098-
716185
716186
Kemper Group
X ANFD
1)0
S 7,000,000 CSL
Exh Occurance
X -
�( `N DWNED
EXCESS LIABILITY
„MBREL.A FORM
S.
OTHER THAN
MBPEL.AFORM
"VORkERS COMPENSATION
and
3CW143176
911184
9J1/85
71000,000
American Motorists
EMPLOYERS" LIABILITY
07
Insurance Company
AdC I ola'' insured Endorsement
-he - sir, er agrees than the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, I
corn- ss ons boards and any othet City Council appointed body, and/or elective and appointiyz officers, servants or 1-r, )loyees of the
ty of Huntingtor Beach, when acting as such are additional ,nsu,eds hereunder, for the acts of the insured, and such insurance shall
be Or m8ry to any nsutince of the City of Huntington Beach, as their interest may appear, as respects to General Liability only.
Au ust-�---- 1-9 1985 ;( j
- - ---�- •tvenutteLtt? HEifRESENTAT F OFlNSU P NY
NSvRANCE COMPANY k By Don Fitch
Addreo . R, D. Crowell Insurance Agency`
Ave, City 3151 Airtmoy Ave., B3, Costa Mesa, Cf" 92626
..a !
" II Telephone (, 14) 557-5234
HOLD HARMLESS AGREEMENT
(to be executed by insured)
The insured . ,agrees to protect, indemnify, Savo, and hold harmless the City of Huntington Beach its
officers and employees against any liability, lots, damage, cost, or expense by reason of any and all liability, suits, clnims,
domenei judgments and causes of action caused by Insured,.. or his employees, arfsing
out of nenl I gent performance of all or an perations or activity for which this certificate of insurance is furnished.
'!1 Sol* Proprietorship (2) Prrtnanhlp (3) C aeon (4) Othe{r�l�j��t�ata)
HOLD HARMLESS SIGNED By truu,ed Title
All ne*.> shcii tea p—twd or typed l�
bMioe, aser L�tii care)
BY Insured. Title
If Corwxat�on, TWO Offic n; must sign, or praaont evidence of authorization to b rttl Corporation.
OFFICE OF THE CITY CLERK
'uaus ?', 1985
3antieioiRierson, Inc.
Cl N. Rampart Street
:rarce, :aiifornia 92668-18i1
-re :itj Council of the City of Huntington Beach at its regular
T.ee " nc held august 19, 1985 approved an agreement with your firm
arer.are plans, specifications and cost estimates for the recon-
szrr,c_icn of the restroom facility and electric utility housing
s-ruc//tares on the City's municipal pier in a sum not to exceed
ncl:sed is an executed copy of said agreement along with a copy
tre -nsurance certificate which you had provided.
"i4entaorth
:ity jerk
Ln.: csjre
Cook, Director of Public 'Works
(Telsp.`.are' 714-536-S227)
m,
REQUEO FOR CITY COUNCI CTION f
®1V '7
�jj���' DM �
4 Datn July 5, 7985
V%�.C4 f; Give W umoJh 1<' 6 /NS or+M,ra
Submitted to: Honorable Mayor and City Cor�in� 1Nd i,.,A-fS
�LPROVED 132 CITY CCJC.IL
Submitted by: Charles Thompson, City Administrator I
:14,
Prepared by: Paul E. Cook, Director of public Wcrk I >°
crz Z,IL,"KK
Subject: municipal P= =.r Restroom Replace -Trent Project;
Consistent with Councii Policy? [X] Yes [ ) New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
S,,atejTent of Issue;
Proposals were rey3uested from qualified architects to prepay •• plans, specifications
aria cost estimates for the reconstruction of the restrorn facility and electric
utility housing structures on the City's Municipal Pier.
Recomrendations :
1. Approve the selection of Banzuelo/Rierson, Incorporated to prepare plans, speci-
fications and cost estimates for the reconstruction of the restroom facility
and elactric utility housing structure on the City's Municipal Pier.
2. Authorize the Mayor and the City Clerk to execute -the attached consultant agree-
ant with Banzuelo/Rierson for a fee, not to exceed the sun of $15,000.
Airalysis
The existing restrocm facility and electric utility housing structure on the Municipal
Flier are structurally unsound and beyond repair. Although both buildings are now in
use, they should be demolished and replaced. Staff has reviewed the various replace-
mmt alternatives and cnncurs that a single structure should house both facilities.
In conjunction with this concept, Staff requested L)roposals from qualified archi-
tectual firms for the preparation of preliminary plans and working drawings for the
reconstruction of a restroon facility and electric utility rousing structure. On
June 28, 1985, the City received two proposals and two rejections to submit a proposal.
Staff has revi-- ed the two proposals and recamends that the firm of Banzuelo/Rierson
be retained as the consultant for this project and '-.fiat the Mayor and the City Clerk
Lk, authorized to execute tha attached, consultant agreement with Banzuelo/Ri.erson for
a fee, not to exceed the sum of $15,000.
P nding Source:
On February 25, 1985, tht City Council approved the appzopria_t-Lon of $108 ,000 to design
and construct this project.
Alternative Action:
L)gny approvals of consultant agree retlt and direct Staff on haw to proceed with design
of the project.
Attachment:
Consultant A3reeirent
FEC:DRN:lw
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NO a/sa
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