HomeMy WebLinkAboutCIA Engineering Consultants - 1992-10-19 ti-
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND C. I .A. ENGINEERING CONSULTANTS
FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES REGARDING THE
24-INCH WATER LINE RELOCATION
TABLE OF CONTENTS
SECTION PAGE
1. WORK STATEMENT 1
2 . CITY STAFF ASSISTANCE 2
3 . TIME OF PERFORMANCE 2
4 . COMPENSATION 2
5 . EXTRA WORK 2
6 . METHOD OF PAYMENT 3
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 4
8 . INDEMNIFICATION AND HOLD HARMLESS 5
9 . WORKERS' COMPENSATION 5
10 . INSURANCE 6
11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS 7
12 . INDEPENDENT CONTRACTOR 7
13 . TERMINATION OF AGREEMENT 8
14 . ASSIGNMENT AND SUBCONTRACTING 8
15 . COPYRIGHTS/PATENTS 8
16 . CITY EMPLOYEES AND OFFICIALS 8
17. NOTICES 9
18 . IMMIGRATION 9
19 . LEGAL SERVICES SUBCONTRACTING PROHIBITED 9
20 . ENTIRETY 10
t.
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND C. I .A. ENGINEERING CONSULTANTS
FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES REGARDING THE
24-INCH WATER LINE RELOCATION
THIS AGREEMENT, made and entered into this 19th day
of October 1992, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY, " and C. I .A.
ENGINEERING CONSULTANTS, a California general partnership,
hereinafter referred to as "CONTRACTOR. "
WHEREAS, CITY desires to engage the services of a contractor
to provide construction management and inspection services
regarding the 24-inch water line relocation near Adams Avenue and
the Santa Ana River in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City
Clerk, the provisions of HBMC Chapter 3 . 03 relating to procurement
of professional service contracts has been complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
1. WORK STATEMENT
CONTRACTOR shall provide all services as described in the
Request for Proposal, dated August 5, 1992, and CONTRACTOR'S
Proposal dated September 4, 1992, (hereinafter collectively
referred to as Exhibit "A") , which is attached hereto and
incorporated into this Agreement by this reference. Said services
shall sometimes hereinafter be referred to as "PROJECT. "
9/18/92 :sg 1
jf
CONTRACTOR hereby designates Hotch Bedrosian, who shall
represent it and be its sole contact and agent in all
consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly
with CONTRACTOR in the performance of this Agreement .
3 . TIME OF PERFORMANCE
Time is of the essence of this Agreement . The services
of the CONTRACTOR are to commence as soon as practicable after the
execution of this Agreement and all tasks specified in Exhibit "A"
shall be completed no later than 6 months from the date of this
Agreement. These times may be extended with the written
permission of the CITY. The time for performance of the tasks
identified in Exhibit "A" are, generally 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 CONTRACTOR.
4 . COMPENSATION
In consideration of the performance of the services
described herein, CITY agrees to pay CONTRACTOR a fee not to
exceed Twenty-eight Thousand Six Hundred and no/100 Dollars
($28, 600 . 00) .
5 . EXTRA WORK
In the event CITY requires additional services not
included in Exhibit "A, " or changes in the scope of services
described in Exhibit "A, " CONTRACTOR will undertake such work
after receiving written authorization from CITY. Additional
compensation for such extra work shall be allowed only if the
9/18/92 : sg 2
prior written approval of CITY is obtained.
6 . METHOD OF PAYMENT
A. CONTRACTOR shall be entitled to progress payments
toward the fixed fee set forth herein in accordance with the
progress and payment schedules set forth in Exhibit A" .
B. Delivery of work product: A copy of every technical
memo and report prepared by CONTRACTOR shall be submitted to the
CITY to demonstrate progress toward completion of tasks . In the
event CITY rejects or has comments on any such product, CITY shall
identify specific requirements for satisfactory completion. Any
such product which has not been formally accepted or rejected by
CITY shall be deemed accepted.
C. The CONTRACTOR 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 principal member
of the CONTRACTOR' S firm that the work has been
performed in accordance with the provisions of
this Agreement; and
5) For all payments include an estimate of the
percentage of work completed.
Upon submission of any such invoice, if CITY is
satisfied that CONTRACTOR is making satisfactory progress toward
completion of tasks in accordance with this Agreement, CITY shall
promptly approve the invoice, in which event payment shall be made
9/18/92 : sg 3
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 CONTRACTOR in writing of the
reasons for non-approval, within seven (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 CONTRACTOR is in, or has been brought into
compliance, or until this Agreement is terminated as provided
herein.
D. Any billings for 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 above,
and in addition 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 withheld. Any dispute between
the parties concerning payment of such an invoice shall be treated
as separate and apart from the ongoing performance of the
remainder of this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that all materials prepared hereunder,
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 occur first. In the event
9/18/92 : sg 4
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 CITY upon payment of fees
determined to be earned by CONTRACTOR to the point of termination
or completion of the PROJECT, whichever is applicable. CONTRACTOR
shall be entitled to retain copies of all data prepared hereunder.
8 . INDEMNIFICATION AND HOLD HARMLESS
CONTRACTOR hereby agrees to indemnify, defend, and hold
and save harmless CITY, its officers and employees from any and
all liability, including any claim of liability and any and all
losses or costs arising out of the negligent performance of this
agreement by CONTRACTOR, its officers or employees .
9 . WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of the
Workers ' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of the California Labor Code
and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless
CITY from and against all claims, demands, payments, suits,
actions, proceedings and judgments of every nature and
description, 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 be incurred by reason
of any work to be performed by CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and furnish evidence to CITY of
maintenance of statutory workers ' compensation insurance and
employers ' liability in an amount of not less than $100, 000 bodily
9/18/92 :sg 5
injury by accident, each occurrence, $100, 000 bodily injury by
disease, each employee, and $250, 000 bodily injury by disease,
policy limit.
10 . INSURANCE
In addition to the workers ' compensation insurance and
CONTRACTOR'S covenant to indemnify CITY, CONTRACTOR shall obtain
and furnish to CITY the following insurance policies covering the
PROJECT:
A. General Liability Insurance.
A policy of general public liability insurance, including
motor vehicle coverage. Said policy shall indemnify CONTRACTOR,
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 and property damage, including products/completed
operations liability and blanket contractual liability, of
$1, 000, 000 per occurrence. If coverage is provided under a form
which includes a designated general aggregate limit, the aggregate
limit must be no less than $1, 000, 000. Said policy shall name
CITY, its officers, and employees as Additional Insureds, and
shall specifically provide that any other insurance
coverage which may be applicable to the PROJECT shall be deemed
excess coverage and that CONTRACTOR'S insurance shall be primary.
B. Professional Liability Insurance.
CONTRACTOR shall acquire a professional liability
insurance policy covering the work performed by it hereunder.
9/18/92 : sg 6
i r
Said policy shall provide coverage for CONTRACTOR' S professional
liability in an amount not less than $500, 000 per claim. A claims
made policy shall be acceptable.
11. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled or modified without thirty (30) days prior written
notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverages in force until the work under this Agreement is fully
completed and accepted by CITY.
The requirement for carrying the foregoing insurance
coverages shall not derogate from the provisions for
indemnification of CITY by CONTRACTOR under this Agreement . CITY
or its representative shall at all times have the right to demand
the original or a copy of all said policies of insurance.
CONTRACTOR shall pay, in a prompt and timely manner, the premiums
on all insurance hereinabove required.
12 . INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the
performance of this Agreement as an independent contractor.
CONTRACTOR shall secure at its expense, and be responsible for any
and all payments of all taxes, social security, state disability
9/18/92 : sg 7
Y i 1
insurance compensation, unemployment compensation and other
payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with
the services to be performed hereunder.
13 . TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good
and workmanlike manner. CITY may terminate CONTRACTOR'S services
hereunder at any time with or without cause, and whether or not
PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing through the Director of Public
Works, notice of which shall be delivered to CONTRACTOR as
provided herein.
14 . ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the
supervisory work hereunder shall not be delegated by CONTRACTOR to
any other person or entity without the consent of CITY.
15. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on
any work, item or material produced as a result of this Agreement.
16 . CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular
CITY employee in the work performed pursuant to this Agreement.
No officer or employee of CITY shall have any financial interest
in this Agreement in violation of the applicable provisions of the
California Government Code.
9/18/92 :sg 8
I
17. NOTICES
Any notices or special instructions required to be given
in writing under this Agreement shall be given either by personal
delivery to CONTRACTOR'S agent (as designated in Section 1
hereinabove) or to CITY' S Director of Public Works, as the
situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United
States Postal Services, addressed as follows :
TO CITY: TO CONTRACTOR:
Mr. Louis F. Sandoval Mr. Hotch Bedrosian
Director of Public Works CIA Engineering Consultants
City of Huntington Beach 223 E. Thousand Oaks Blvd. , # 304
2000 Main Street Thousand Oaks, CA 91360
Huntington Beach, CA 92648
18 . IMMIGRATION
CONTRACTOR shall be responsible for full compliance with
the immigration and naturalization laws of the United States and
shall, in particular, comply with the provisions of the United
States Code regarding employment verification.
19 . LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for
payment of any subcontractor work involving legal services, and
that such legal services are expressly outside the scope of
services contemplated hereunder. CONTRACTOR understands that
pursuant to Huntington Beach City Charter § 309, the City Attorney
is the exclusive legal counsel for CITY; and CITY shall not be
liable for payment of any legal services expenses incurred by
CONTRACTOR.
9/18/92:sg 9
20 . ENTIRETY
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.
CONTRACTOR: CITY OF HUNTINGTON BEACH,
C. I .A. ENGINEERING CONSULTANTS A municipal corporation
of the State of California
Hutch Bedrosian, General Partner Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 4-fr_92 City Attorney r,
REVIEWED AND APPROVED: I ITIATED ANo APPROVED: 9-ia Gz
City ministrato Direct r of Public Works
9/18/92 : sg 10
REQUEST FOR CITY COUNCIL ACTION
Date October 19, 1992
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: 1 Louis F. Sandoval, Director of Public Works1r(_
Subject: PROJECT CC-804; 24-INCH WATER TRANSMISSION MAIN
RELOCATION - INSPECTION SERVICES APPROVED BY CITY COUNCIL
♦o y9 l9f.
Consistent with Council Policy? [Xi Yes [ ] New Policy or Exception
__ caln. �
Statement of Issue, Recommendation,Analysis, Funding Source,AlternativlActions,Attacht4t�n t (
Statement of Issue:
Pursuant to City Council authorization on August 17 , 1992 , proposals
have been requested from qualified construction inspection firms to
provide inspection and quality control for project CC-804 . Proposals
have been evaluated and the contract for inspection services is ready
to be awarded.
Recommendations:
1 . Approve the selection of Construction Inspection and
Administration (CIA) Engineering Consultants to provide the
inspection and quality control for the 24-Inch Water Transmission
Main Relocation (Project CC-804) .
2 . Authorize the Mayor and City Council to execute the attached
Consultant Agreement with CIA Engineering Consultants for a fee
not to exceed $28 , 600.
Analysis:
This project involves the relocation of the City owned 24-inch water
transmission main located at the Santa Ana River and Adams Avenue.
Professional consultant services are necessary to provide continuous
inspection and quality control throughout the duration of construction.
City Water Division staff does not have the expertise nor the manpower
available to devote to the full-time inspection requirements of this
project.
Pursuant to Chapter 3 . 03 of the Municipal Code, Professional Services;
on August 5, 1992 , a Request for Proposals was mailed to four qualified
consulting firms. Two proposals were received. An evaluation of these
proposals determined CIA Engineering Consultants' proposal to be the
Project CC-804; 24-Inch Water Transmission
Main Relocation Inspection Services - continued
October 19, 1992
Page two
most responsive. A separate, sealed envelope was opened, revealing
their fee of $72, 000. This fee represented full time inspection
services for 150 working days.
The budgeted amount for these inspection services is $30, 000.
Consequently, a revised fee in the amount of $28, 600 was negotiated
with CIA Engineering consultants considering fifty-five working days,
rather than the originally suggested 150 days. In a effort to reduce
costs, inspection services for the balance of the construction time.
(including pipe inspection during manufacture) will be accomplished by
Water Division inspection staff.
Funding Source:
This project is funded with Appropriated Water Reserve Funds; Account
E-EW-PC-390-629-00 .
Alternative Actions:
1 . Accomplish all inspection services with Water Division manpower.
This would result in the following:
a) Contractors and builders would be required to adhere to rigid
inspection schedules, rather than the current "on call"
response. This inconvenience is not practical and causes
significant delays for both contractors and City crews,
decreasing productivity and increasing project costs.
b) Implementing item (a) , above, could result in a possible
short term cost savings to the City as follows (based on 55
working days) :
Cost for in-house inspection (@ $29 .55/hr. *) = $13, 002
Cost for outside (consultant) inspection (@ $65/hr. )= $28,600
Possible cost savings to City $15, 598
* Including cost of fringe benefits
2 . Deny request and advise staff on how to proceed. This could
cause delay in the start of project construction.
Attachments:
1 . Request for Proposal, dated August 5, 1992 .
2. Consultant Agreement.
LFS/JRR/DMD:bb
CERT :CATE OF INSURANCE INQUIR'" CREEN
Name CIA ENGINEERING CONSULTANTS
Address 223 E THOUSAND OAKS #304
City/State THOUSAND OAKS CA
Zip Code 91360
Effective Expiration
Policy Nbr Date Date Liability Amount Status
General 90 24 7233 021091 020194 1000000. 00
Automobile . 00
Excess Liab . 00
Worker's Comp 90 91 0283 9 061691 061694 500000. 00
Hold Harmless
To Attorney To Insured
Comments
Record Number
Next screen INSUR Current Screen - INSUR
22 19 PAGE=1 ADDR=CS FORM RCV LTAI
Fri Nov 6, 1992 1:49 PM
•
IA CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: SETTLEMENT COMMITTEE
FROM: ART FOLGER, Deputy City Attorney
DATE: November 6, 1992
SUBJECT: CC 805 , 24" Waterline relocation
Adams & Santa Ana River
Construction Management and Inspection Service
This contract is for inspection only and professional liability
is not an issue. The clause has been waived in recent contracts
with the organization.
I request the committee waive the requirement in the above
reference contract .
A THUR 'OL G R�
Deputy City Attorney
AFJ: k
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;, *U CITY OF HUNTINGTON BEACH
`�� 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
August 5, 1992
SUBJECT: Request for Proposal: Construction Management and
Inspection Services for the 24-Inch Water Line
Relocation - CC-804 Adams Avenue and Santa Ana River
Gentlemen:
The City of Huntington Beach, Department of Public Works, is
requesting proposals from qualified construction management and
inspection firms to provide the continuous inspection and quality
control for the 24-Inch Water Line Relocation, Cash Contract Number
804.
The Scope of Work includes the following tasks:
I. INSPECTION/QUALITY CONTROL:
•
A. Provide continuous inspection and quality control for all
disciplines during the entire construction of the
project.
B. Maintain detailed daily and monthly summary logs of work
performed by the contractor(s) .
C. Coordinate with the City' s Project Engineer and the
Design Engineer (Boyle Engineering Corp. ) on the
following activities:
1 . Review of construction schedules submitted by the
contractor.
2. Review of shop drawings, product data and samples.
3. Call for and review all test results. Review
invoices from testing companies to confirm proper
billing. Independent laboratories, contracted by
the City, will perform the tests.
4. Review all progress payments to Contractor.
J/'
\ /
Request for Proposal: Construction Management and Inspection
Services for the 24" Water Line Relocation - CC-804 - continued
July 15, 1992
5 . Provide all other services necessary to completely
review and confirm all work of the Contractor meets
the project' s Contract Documents.
D. Coordinate with all other inspectors on the job.
II. PROPOSALS:
Proposals for this project must be submitted to my attention
by August 18, 1992, with the following notation, "24-Inch
Water Line Relocation, CC-804" on the envelope. Each proposal
should include the following information:
A. A list of similar projects.
B. A Statement of Understanding of the Scope of Work. Please
do not restate the body of this Request for Proposal.
C. A list of personnel, including the assigned Field
Inspector.
D. A detail listing of your services for each task
identified.
E. Your fees, based on an hourly rate.' A maximum Not-to-
exceed fee should also be specified.
NOTE: Submit Item "E" in a separate, sealed, attached envelope
with the notation Fees.
III. GENERAL REQUIREMENTS:
A. Consultant shall furnish proof of the following insurance
requirements with the proposal.
1 . General Liability coverage $1 , 000, 000. 00 CSL per
occurrence. (Note: if coverage is under a form
which includes a designated general aggregate
limit, the aggregate limit must be no less than
$1 , 000, 000.00 .
2. Professional Liability coverage - $500, 000 .00 per
occurrence. (Note: Claims made policies are
acceptable) .
Request for Proposal: Construction Management and Inspection
Services for the 24" Water Line Relocation - CC-804 - continued
July 15, 1992
3. Workers Compensation coverage in amounts not less
than:
a. $100, 000 . 00 bodily injury by accident, each
occurrence, and
b. $100, 000 .00 bodily injury by disease, each
employee, and
c. $250, 000.00 bodily injury by disease, policy
limit.
B. After receipt, Proposals will be screened and ranked
relevant to the following:
1 . Expertise and experience;
2 . Approach to be used as outlined in the Proposal;
3 . Cost analysis for services provided.
A mandatory Preview Conference has been scheduled at the Water
Operations Building located at 19001 Huntington Street (S/W corner
of Garfield Avenue and Huntington Street) on August 13, 1992, at
10 : 00 a.m.
Should you have any questions regarding this request, please call
Ron Upton, Engineering Tech. , at (714) 536-5921 .
2 Ve -_, truly your
.1! R. R nn
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