Loading...
HomeMy WebLinkAboutDON HELLMER'S ENGINEERING - 1984-09-17LI; BEE ENT BET 4 EEN THE CITY OF 11JUIVr-1 BEACH r AND DON HELLME. rS ENGINEERING `OR MUNICIPAL PIER ECONSTRUCTTUN INSPECTION SERVICES THIS AGREEMENT, made and entered into `_his �'%� day of w in 1984, by and between the CITY OF HUNTINGTON � B-ACH, a municipal corporation of the State of Calif c;rnia, herein �# I after referred to as 11C. ,t and DON HELLAER I S EbJG!NEER.ING, a sole _ proprietor, herein referred to �_s t'CONSULTA:i.f," for municipal pier !. reconstruction inspection services. R E C I T A L S WHEREAS, the City Council of CITY wishes to engage the services of a professional certified building inspector for the performance ,) f necessary in -.petition and field administration services .for acid on behalf of CITY in connection with the reconstruction of the municipal pier, herein as "PROJECT;„ and CITY has solieitied proposals for such work; and It is necessary tj4at CON83LTANT have a hzgh degree of specialized training and experi.en ae and shall ba v-e all necessary licenses therefor to r raotic,e and perform the services heroin w contemplated; and �C3NSULTANT possesses such training, experience and i uditses; and CONSULTANT has agreed to perform the i,nspectlon and adm%ni .strati:on services necessary for this PROJECT 1,7 .,a yj NOW, THEREFORE, CITY hereby employs CONSULTANT. to perform . the following services as required by '-ROJECT and CONSULTANT agrees to provide said services in accordanc-e with recognized standards of the building eonstructloa pr>.fession, and on th.- following terms and conditions:` SECTION 1. g NERAL DESCRIPTION OF WORK TO BE DONE: - _ � .3 (a) CONa�, EPNT sha.1L provide all inspection and adminis- tration of the reconstruction project, including but not limited to, Y inspections. investigation, consultations and advice, and any other,, mi cellanpous inspection and administration services required to com- plete the reconstruction of CIT.Yts municipal pier.. (b) CONSULTANT shall attend and assist in all coordination meetings. (a) CONSULTANT shall be the sole contact and agent in all consultations with CITY during fulfillment of the terms of this agreement yin matters pertaining to inspection and field administra- tion of the PROJECT. SECTION 2. DISPOSITION OF PLANS .ESTIMATES AND OTHER DOCUMENTS: r CONSULTANT agrees that all records, reports, both field and office motes, caloulations, maps and other documents prepared pur- suant to this agreement are the ,sale property of CITY and aball be turned o,;, to CITY upon termination of th14 agreement or upon PROJECT completion, whioheve,r is sooner. SECTION 3. INDEMNIFICATION, MENSE4 TIOLD HARMLESS: CONSULTANT " hereby agrees to defend, indemnify and hold harmless CITY, itis officers, agents and employees From and against any and a_.1 liability, damages, costs, losses, claims or expenses, k proximately caused or in connection with the performance of this agreement (including but not limited to any and all liability, .r damages, costs, losses, clai,16 or expenses arising from the death; or injury to any agent or employee or subcontractor of CONSULTANT, or of g CITY, or any damage to the property of any third parry, CONSULTANT or CITY, its officers, agents and employees), except in eases where such liability, damage, cost, losa, claim or expense is caused solely by t. *< the negligent or wrongfui acts of CITY or of its agents or employees. SECTION 4. WORKERS' COMPENSATION: CONSULTANT shall comply with all applicable provisions of t: the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the 't California Labor Code and all amendments thereto; and all similar, state o federal acts or laws applicable; and shall indemn.a;,r and hold harmless CITY from and against all claimai, demands, payments, sums, actions, p,oaeedings and judgments of every nature and des- cription, including, attorneys' fees and costs presented:, broaght or r?rovered, against CITY, for or on account of any liability or for failure to obtain Workers' Compensation Insurance for employees employed under this agrt *mint, CONSULTANT shall furnish evidence ` of workers' compensation and employer's liability insurance with L ' limits of at l.ea!st statutory cove-a:q6 to CITY in such form e,.s ;s acceptable to the City Attorney SECTION 5, NSUR'ANCE: CONSULTANT shall furnish to CITY evidence of the existence of poli'eies of general l.iabili.ti inswrance, -f-e - �3_ X 1 in which CITY, its officers, agents; and employees are named as being additionally insured thereon. The policy shall provide coverage .in not less than the following amounts: $300.00G C.S.L. per occurrence. Such policy of insurance shall specifically provide that it is primary to any other insurance' applicable to the loss anc. any other insurance shall be deemed excess . 4 and shall be, mainta3,ned in force during; the entire performance by k�9 ; CONSULTANTand shall eover the entire scope of CONSULTANT's per- `w formance here --under. 4 SECTION h. INDEPENDENT CONTRACTOR - It is further understood and agreed that CONSULTANT is, and shall be, acting at .-a'.l times as an independent contractor herein and not as an employer: of CITY, CONSULTANT shall, secure at its expense, and ,be re-iponp�ir.l:e for any and all payment of income tax, sooal security, state disability insurance compensation, unemploy- ment co..ipensati.on and other payroll deductions for CONSULTANT and its officers, agents algid employees, and alD business licenses, if any, in r connect -ton with: the services to be performed hereunder. SECTION 7. Y STAFF ASSISTANCE: 4 CITY shall assign, a staff coordinator to work directly with r CONSULTANT in connection with -he wok of this agreement. SECTION B. COMPFNS' TION: Ira consideration of the performance of the above described tbuild og inspecti.rn and administration services. CITY agrees to pay CONSULTANT the :sum .of forty-four dollars ($4 4. 00) per sour for each hour nervi ces are actually performed, with the total compensation under this agr6ement not to excee" thirty thotsaad dollars ($30,000). t I - CONSULTANT shall submit monthly invoices which speoify the tasks completed:duri,ng the previous monthly period and the hours expended to the CJ,ty Engineer for approval. ' SECTION 10. TERMINATI'N OF CONTRACT: CONSC7I.TAN- covenants that all work shall be done in a good and workmatlike manner. Either party may terminate this Agreement r+ u .;lron thirty (30) days, written notice at any time and with or without cau e, arid; whether or not PROJECT has begin fully completed. CONSULTANT shall. be entitled to payment, , A y s �n an hourly basis, accordance with the rate schedule herein, for work completed f or to written notification of it;::rmina'tion. == SECTION 11. h TES: Notices to CONSULTANT and to CITY shall be in writing, and P may be delivered in porsork or mailed through the normal course of mail as fol.l.ows CONSULTAM. CITY,. DON HELLMEH IS EOGINEST�INO CITY FNGINEER :W East 2:2ad Stret 2000 Mai4 Street San Pedro, CA 9LI31 Huntington Beach. CA 92648 SECTION 12., iLQ& ASa GN i YTY; Thin, agreement may not be assigned 'ly CONSULTANT, SECTION 13x ADDITIONAL PBgVjSIONS: CONSULTANT agrees that no regular employee of CITY shall. be; employed by .its firm during the time this agreement is in effect. SECTION 14. CPHEL f T Off` IN%`EREST t10 Wi,cial or employee of CITY has a financial, ,interest in 1ih stria ee'1 matter* Of thi agreement contemplated w.itbin the provi-. Sion$ of 1090- 10.92. SECTIQN FAIR LABOR 15. STANDARDS: CONSULTANT warrants that it shall perform the services herein contemplated in ncmplianae with the California laws related to minimum hours and wages (CgI.Jfgrnia Labor Code § 1171, et segay) Occupational Health and Safety (29 U , S , C . 651 et seq., and the fornia Labor code § 6300 et seq.), and fair amplciment practices (29 � MX. 20". et seq., and ggli:fornia Labor Cade 1410 et seq.) to the extent the same are applicable herein." SECTION 1$. ATTORNEYS, FEES AS COSTS OF SU'I2: � 4 ' it the event that it is necessary to institute regal pro- ceedi,ngs to enforce any coven -ant or condition of this agreement, including those forindemnificationand insurance, then the prevail- ing party shall be awarded as a portion of its costs of suit a reasonable attorneys fee. SECTION 17. N©NDjSCt1MINATION: H CONSULTANT agrees that, in the performance of the ter -- this agreement, it will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of religious creed, color, aa.tioj�al origin, ancestry, physical r medical condition, m«rital status, or sex of such persons, ex, prav,�d d in § 1420 of the Californi,_ Labor Code. Violation of this provision may result in the imposition of Ptnal,t es referred ed to in Divisimi Bart 71 Chapter 1 of the rali:fornia Labor Code, ` . -6- k k IN W'!TTNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers on iC , the day, month and year, first above written. CONSULTANT.- CITY DON HELLMERIS ENGINEERING CITY OF HUNTINGTON BEACH Don Hel,lmr ar ATTEST; APPROVED AS TO FORM;, City Clerk 1 - -d17ity At'torr,ay REVIEWED AND APPROVED. INITIATED AND APPROVED*. w 4 City Administrator Director off' ;Public 'Works RETAIN TO; {_ s to F City of HuntingtonPe"ell CERTIFICATE O iNSUfIAiVCt , tttai,City tt 'lCi Gail Hutton, City Attorney Ills. 4,Ben. 'Offiice CITY OF,HUNTINGTON BEACH, CALIFORNIA P, O) Box 190 By. Huntington Beach, VA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance :is described telow have been issusd-to the insured by the undersigned and are in fore at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 10 days prior written notice, by mail, to City of Hik'nington Beach, P, 0, Box 711, Huntington Beach, California 82648, ALL iTEMS Ni U8T 'BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY .AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE CCMPANY AND MUST BE 1T il`JG BY THE CITY ATTORNEY. DON HELLi�irr{$ 'cf" !.•` Name of insured _ Address of Insured a_EA T_Z2N1 STREETS ,SAN PEWjQ, CA 9673j _^ Location of Work or Operations tobt,derfortncd .Huntingtntt Beach Pier, City of Huntington Beach, CA DescriptiondfWork orOperations Engin,i erim Design $ Cons trLct,Dn Insoecti0n C'YVA7,,EU LIMITS OF LIABILITY NAMEOe"COMPANY Effective Expiration 'POLICIES IN FORCE POLICY' NO, In Thousands (000) 5001500, 000 B i (INS? GENERAL LIABILITY 100,000r08 PD West Amer ihSSCOmp V1 COMPREREN51LEFORM GLW364608 10/25/82 10t15/85 11 PREMISES— OPERATIONS ! Each Occuranca t I EXPLOSION AND v')LLAPSE HAZARD i I UNDERC sOUNO HAZARD r [ I PRODUCTS COMPLETED OPERATI IMS HAZARD di CONTRACTUAL INSURANCE i I BROAD POrR' lYt PnOPERTY DAMAGE iNDEPENDENT CONTRACTORS j 1 (I PERSONAL INJURY AUTOMOWLE "LIABILITY t}p' COMPREHENSIVE 508M 240�0144 10/29/84 10/29/85 nwla�D s1.,0nn.nnr� ._ESL 1;state Incur. Co, t_�t Each Occurance (I HIRED j' NON -OWNED EXCESS LIABILITY UMBRELt A FORM tXef 524941 8/7/82 8/7/85 5. t _ 000 , 000. Ohio Gas Ins Co. t) OTHERTHAN UMBRELLA FORM WORKERS' COMPENSATION and 800367 6/29/84 6/29/85 St7te Fund EMPt.OYIERS'i:IAelt,ITY i i Additional lnturev Endamemelrt: k Tho insurer agrees that the City of Huntington Beach and its City Council, and/or all City Coumr appointed groups, cemmio'tees, cornmissiGns, boards and any other City C�ouncii appointed body, and/or elective and appointive officers, servants or er^ ' avAPs of the City of Hun1.in_nton Beach, whet acting as such are adoitional hisureds herei `der, for the Ficts of the insured; ens! such : `e shalt be primary to any insurance of the City of Huntington Beach, as their interest may appear. December 26 1984 . Data t AUTHORIZEA REPRF,SENI NE DP INSURANCE COMPANY INSURANCE COMPANY ,�24 In � e5t Amer In lo. By _4 8A C,c(i�Aifi�SGM Y& edema i:. lil f f$r"n Address a l_y mast- 9th 4t -zt, Addrou 107 Fad a2nd 5;trPAt _ s�..� � ..�. City sart_Ppdr� .� c;tY ,.Ps;drti C4. 1T ... TAiphonc (.'2F3) 547-126 .. HOLD HA1.LIM ESS AGREEMENT Ito be executed by Insursdj '"rho insured " -- �.- ,agrees to protectr defdnd, indemnify, save, and holed bamiless the City o, Huntington Beach its tYftfcers; agents, anti employees against - y liability, tiYss, amago, cost, or expense by reason of any and all lie Ili suits, otaims, :, 3mands, }ttdgrrrepts and causes of ?motion caused by immed, his employees, agents or any:suhcontr actor or by any third party arising ,t At of or in cone quaw.e of the pirformatnce of all r any apaMtjons or activity for which this certificate of insurance is furn;shed. #(I I Sout Proprietotsftip I21 Partnetythi ( G�arpuration (4) Other (state) fibt O iiWS liitLESS StGNE4: by insuradr Title . owne r (Alt ttamosshail40Ovintad;rrtyPW Do-5 el3tiers taw tatcit s#{ltf■t,kro,3 By lrtsaror - I f. CtltTaaratiori, TVUO ofileen rtWst sFpts, or W*cr ttt gvidasnt oUtutfrr4tk don tp tyfntt Cnrpsfratlan. any M ,w 'I ' R-DEPARTMENT COMMUNICATION .. � kpx+tnwiXAh�Ao+ , TO DOSS :•' OBLE From ARTHUR DE LA LOZA Publie Works Department Deputy City Attorney .: Subject g011 Viers' Contraev Gate January 10, 1985 De-letior. of Errors and � 4 a< Plea -se have Mr. Helmors initial strike --through at Rages 3 and 4, V and ,have the Mayor- also initial on behalf of the city, purr�.uant to �;ity' Cauneil aet on of Deeember _ 17, 1984 ArLru {j. ec w'city 4.1'3.erk <<a Il r REQUEST FOR CITY COUNCIL ACTION Date November 29, 1984 _ Submitted to Honorable Mayor and City Council $uhmitted by Charles W. Thompson, City Administrator k]YETy $3' ''CIV CQ if + ` -)e, ~ Prepzirsd Paul E. Cook Director of Public Works.-"" ubjea Contract for Inspection Services on the Munic pal emerstcari�x_. Additions Project Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, At=hments: _. STATEMENT OFISSUE: x Don Hellmers Engineering has net been able to comply with the contract clause which requires professional errors and omissions insurance in the ar zount of S300,000.00. �r RECOMMENDATION: Authurize deletion of the requirement for insurance coverage for professional errors and omissions insurance from the Agreement Betvieen the City of Huntington Beach and Don Hellmers Engineering for Municipal Pier Reconstructi.,n Inspection Services, ANALYSIS: At their meeting of September 17, 1984, the City Council approved an agreement with Den Hellmers Engineering to provide inspection services for the pier reinforcement and boat ramp project. The highly specialized nature of the work required inspection expert,se not found on City staff. Although tie City contacted six firms which provide cunsulting services for waterfront construction, only two were able to provide qualified inspectors during the anticipated project time frame. Based on experience, cost and qualifications of personnel, the firm of Or+n Hellmers was selected to provide the serviun. Since the time of contract approval by the Council, the consultting firm has attempted unsuccessfully to acquire the necessary insurance coverage. According to his broker, there is no ine;.rance company ;presently writing this type of coverage for firms engaged in structural engineering for waterfront construction. The City Attorney has advived that the contract should be re);Ised to reflect the contractor's inability to find a. market for proeessional errors and omissions insurance, FUND'iNG SOURCE: NIA ALTERNATIVE ACTIONS; Deny the request for deletion of the professional errors and omissions insurance. ATTACHMENTS - None CWT PF 02889 REQUES . FOR CITY COO -SubmitteJ to: Honorable Mayor and city Council Submitted by: C. W. Torr+pson, City Administrator Pmpared by. Paul. E. Cook, Director of Public Works /-'\ ^subject. Request for Professional Inspection Services Rainforoerent and Additions Project; CC-680 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: The Department of. Public Works requests approval to contract for professional =,neaticn servicea on ,the Municipal Pier Reinforcement and Additions project. Reccs.:r,�em7aton: Approve a professional inspection services contract, not to exceed $30,000.00 with Dan Hellners Engineering and authorize the Mayor and Ci'.-v Clerk to sign. an appropriate contract. Ana. lyszs: On August 20, 1984, the City Council awarded the .Municipal_ Pier Reinforcement and Additions Project to Art Broman. Construction activities are scheduled t o begin in mid -September. The actual techniques to be utilize in reinforcing the pier are of a highly specialized nature. Neither tit- Deveiaprent Sezvicos Deparbr nt .nor the Public Works Department has trained personnel to inspect the cam: k. Therefore, staff sought the assistance of a V,:ofessicnal inspection servi.r.:e. Proposals for impaction services were requested frcr, Don Hel.lmers Engineering, Santira and Thoapson, Moffatt and Nichol Engineering, PRC Engineering and R.M. Noble and Associates, Consulting Engineors Based on experience, cost and the availability of cpalified personnel, the firm of Daa Hel1TexG Engineering has tha most quali- fied proposal.. Ftdinq Source: Cosy of Inch ecta on Services Aaenr. Amount (not to exceed) Dm. Hell. ' - k�gi neer ng $30,000.00 Source of Revenues The Construction cant; nge�;, Fund of $63,878,00, approved for the Municipal Pier 9 Boat Rana and Pi.l3mg :A6dwt.. ;: Project, included $30,000.00 for professional inspecti-Ir. services..1 A.itet.�3t?.t� Aotot;: 1„ teeny approval of specialize -A inspection services and instruct staff on has to prooeW- Atb work inspectiai services, 2. Select ;ax�rttu fi rtc�.