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DUDEK & ASSOCIATES, INC - 1999-03-01 (2)
&ARSa4 Qy -Pry CITY OF HUNTINGTON BEACH MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBE Council/Agency Meeting Held: Wa 600. ?o fredlContinued to: ;AorroveK ❑. Coenie nd' ionall ppro ed D D � Clerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: 99-42 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public WorksKP79�1- MICHAEL P. DOLDER, Fire Chief SUBJECT: FIRE STATION No. 6-EDWARDS, CC-1084 rj Authorization to Award Construction Contract Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on March 25, 1999 for the Fire Station No. 6 - EDWARDS, CC-1084? Funding Source: The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all the required equipment. Initial funding, in November 1990 was $3,150,000. The Engineering News - Record (ENR) Index adjusts this amount accordingly. The current balance for design and construction, including the most recent ENR adjustment, is $3,527,078. Funds have been budgeted in account CIF FIR 302 6 31 00 for construction. On May 18, 1998, the City Council authorized a projected shortfall for the project construction contingency to be funded by the City in an amount not to exceed $220,261. However, based upon the apparent low bid of $2,329,000, the net projected shortfall is estimated to be $66,461. Please refer to Attachment 1 for a detail description. CC 1084 - AWARD RCA -2- 05/26/99 10:52 AM n h-"I- REQUEST FOR COUNCIL ACTION MEETING DATE: June 7, 1999 DEPARTMENT 1D NUMBER: 99-42 On May 17, 1999, the City of Huntington Beach received a deposit (down payment) in the amount of $625,000 from the PLC Land Company for the construction contract. Staff will use these funds to make the initial progress payments to the Contractor. The City will, in turn, invoice PLC for these payments on a monthly basis, which will serve to continually replenish the fund until all required improvements are completed. Recommended Action: Motion to- 1. Approve the lowest responsive/responsible bid submitted by Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, CA, 92648 for Fire Station No. 6 - EDWARDS, CC-1084; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $2,329,000 and; 3. Authorize the Director of Public Works to expend a total of $2,934,355 to cover the contract amount of $2,329,000, estimated construction contingency of $233,000, and supplemental expenditure of $372,355. Alternative Action(s) : Deny award of the contract to Weeger Bros., Inc. and select one of the other responsive/responsible bidders. 2. Reject all 9 bids and direct staff on how to pursue project. Analysis : Under the development agreement with the PLC Land Company, the developer is required to fund the design and construction of a Fire and Emergency Medical Facility. This facility is a City designed and administered Cash Contract. On March 1, 1999, the City Council approved and authorized the selection of DUDEK & Associates to serve as the project's Construction Management Consultant. In accordance with Administrative Regulation (AR) 119, DUDEK performed a Constructibility Review of the project plans and specifications. Comments provided by the review were forwarded to the project design team and incorporated into the final Plans and Specifications prior to bid solicitation. Additionally, on March 1st, Council authorized the Director of Public Works to solicit bids for the Fire Station No. 6 -- EDWARDS project, CC-1084. On May 25, 1999, bids were received and publicly opened by the City Clerk. CC 1084 - AWARD RCA -3- 05126199 10:52 AM kEQUEST FOR COUNCIL ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: 99-42 The project cost estimate was $2.4 million. A total of 9 bids were received and are summarized below, by order of least dollar amount: 1. Weeger Bros., Inc. $2,329,000 2. Great Western Contractors, Inc. $2,385,237 3. Amelco Construction $2,396,200 4. SMC Construction $2,397,775 5. EMAE International $2,433,743 6. LA Contractors $2,440,000 7. AMD Construction $2,512,000 8. Woodcliff Corp. $3,000,000 9. Projective Development $3,088,000 The following is a complete breakdown of the construction budget for Fire Station No. 6 - EDWARDS: GENERAL CONSTRUCTION & CONTINGENCY: Weeger Bros., Inc. $2,329,000 Contingency $233,000 Sub -total: $2,562,000 CONSTRUCTION SUPPLEMENTAL EXPENDITURE: 1. Phone System $30,000 2. Radio System $30,000 3. Computer System $20,000 4. Utility Connection Installations $25.000 5. Owner Furnishings $92,650 6. Rough Grading Reimbursement $22,000 7. Soils Testing & Observation $13,000 8. Record of Survey/Rough Grade Staking/Line &Grade Certification $1 1,500 9. Landscaping and Irrigation $75,000 10. Mitigation Landscape Reimbursement $8,000 11. Signing & Striping $5,205 Sub-total:.................................................................................... $332,355 Undesignated Supplemental $4Q,000 Total: ................................................................................. $372,355 • Design Engineering & Architecture • .General Construction & Contingency • Construction Supplemental Expenditure • Building Permitting, Plan Checking, & Project Administration. $361,660 $2,562,000 $372,355 $88,068 CC 1084 - AWARD RCA -4- 05/26/99 10:52 AM kEQUEST FOR COUNCIL ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: 99-42 • Consultant Construction management Services $202,120 • Orange County Sanitation & City Enterprise Fees $7,336 GRAND TOTAL. $3,593,539 Environmental Status: The area of the Holly Seacliff Specific Plan was evaluated in Environmental Impact Report No. 89-1, certified by the City Council on January 8, 1990. Subsequently, RRM Design Group environmental planning team prepared and filed the Environmental Assessment form and the CEQA Initial Study. As a result, on September 9, 1998, the Planning Commission of the City of Huntington Beach approved the project's Negative Declaration No. 98-9 and Conditional Use Permit No. 98-48/Variance No. 98-13 with findings, mitigation measures, and conditions of approval, Attachment sl: Detailed Project Cost Worksheet RCA Author: RFB:REE: CC 1084, AWARD RCA -5- 05/26/99 10:52 AM I 3eAe061.e-PWD CITY OF HUNTINGTON BEAC ���9 ra_pi,-e, MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER: 99-012 Council/Agency Meeting Held: '-2/ Deferred/Continueq to: U(Aooroved Canditionaliy Approved 0 Denied 6W ./d bE&Ty My lerk's Signature Council Meeting Date: March 1, 1999 Department ID Number: 99-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorL� `� C CO PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work MICHAEL P. DOLDER, Fire Chief /MP© OY' 44 SUBJECT: Fire Station No. 6-Edwards, CC- 1084, w Edwards Hill Reservoir & Booster Pump Station Authorization to Advertise CC-1084 & Authorization to execute the Professional Services Agreement for Construction Manaciement, Inspection, and Observation n, Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : Plans and specifications are now complete for Fire Station No. 6- Edwards Project, CC-1084. Should the City solicit public bids for said construction and execute a professional services agreement with a construction management firm to administer and perform the required services associated with the construction of both CC-1084 and the new Edwards Hill Reservoir and Booster Pump Station? Proposals were requested from qualified construction management firms to provide professional services associated with the construction of both facilities. DUDEK & Associates has been selected through the competitive process to provide these services. Funding Source : The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all the required equipment. Initial funding, in November 1990 was $3,150,000. The ENR Index adjusts this amount accordingly. The current balance for design and construction, including the most Fire Station, CC 1084 Advertis -2- 02/17/99 9:19 AM [� REQUEST FOR COUNCIL ACTION MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER:Edwards Hill Reservoir & Booster Pump Station recent ENR adjustment, is $3,527,078. Current 1998/1999 budget appropriated funds, for construction, in account CF FR 302 6 31 00. The required City project inspection and oversight for the new Edwards Hill Reservoir and Booster Pump Station will be charged against the developer fee collected for such services. The following is a cost breakdown of the respective projects accordingly: • Fire Station No. 6 Edwards, CC-1084: Construction Management Contingency Material Testing & Compaction: Sub -total: Grand Total: • Edwards Hill Reservoir & Booster Pump Station: Construction Inspection & Observation: Contingency Grand Total: Recommended Action: Motion to: $182,120 20 000 $202,120 2D 000 $222,120 $269,792 27 000 $296,792 1. Approve the plans and specifications for the Fire Station No. 6-Edwards, CC- 1084 and authorize the Director of Public Works to solicit bids for construction; 2. Approve the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder; 3. Approve staff's selection of DUDEK & Associates, Incorporated (a Construction Management Firm) to perform the work defined by proposal submitted and dated 1 /14/99, in response to a Request for Proposal, dated December 1998; and 4. Approve the attached professional services agreement with DUDEK & Associates, Incorporated and authorize the Director of Public Works to expend $518,912 to cover contract costs of $451,912, estimated contingency of $47,000, and supplemental expenditures of $20,000. Fire station, CC 1084 Advertis -3- 02/17/99 9:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER:Edwards Hill Reservoir & Booster Pump Station Alternative Actions): Deny approval of the agreement and provide staff with either alternative direction or forego the project. Analysis: Under developer agreement with the PLC Land Company, the developer is required to fund the design and construction of a Fire and Emergency Medical Facility. This facility is a City designed and administered Cash Contract. On January 5, 1998. the City Council approved the selection of RRM Design Group to provide professional design consulting services for the preparation of plans and specifications for the construction of a new fire station. Over the course of last year, the consultant and City project team members obtained project environmental approval, developed conceptual station layout and schematic design, approved product, color and material selection, and concluded with the development of construction documents in the form of final plans and specifications ready for bid. As a result of the fire station's complexity and the condition that it be built in compliance with the Essential Services Act, staff is recommending that the City hire a qualified construction management firm to oversee, inspect, and coordinate the Fire Station No. 6 - Edwards project. In addition, staff also recommends that the inspection and observation required for the new Edwards Hill Reservoir and Booster Pump Station be included with the selected construction management scope of services. On December 16, 1998, staff mailed Requests for Proposal (RFP) to five qualified construction management consultants. The RFP was sent to the following five firms: 1. ASL Consulting Engineers 2. Concept Marine Associates, Incorporated 3. DUDEK & Associates, Incorporated 4. Harris & Associates 5. Holmes & Narver Four out of the five firms responded with Holmes & Narver respectfully declining the invitation. A five member City team met and prepared written evaluations of each proposal on the basis of understanding the project and services requested, qualifications and experience, and responsiveness. The evaluations were ranked, and the top three firms were invited to an interview' on January 21, 1999. After careful deliberation and discussion, DUDEK & Associates was selected. DUDEK presents a seasoned team Fire Station, CC 1084 Advertis -4- 02/17/99 9:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER:Edwards Hill Reservoir & Booster Pump Station of professionals experienced in both fire station and reservoir construction. The firm was established in 1980 and is comprised of five technical divisions, with a staff of over 120 employees. Environmental Status : The area of the Holly Seacliff Specific Plan was evaluated in Environmental Impact Report No. 89-1, certified by the City Council on January 8, 1990. Subsequently, RRM Design Group environmental planning team prepared and filed the Environmental Assessment form and the CEQA Initial Study. As a result, on September 9. 1998, the Planning Commission of the City of Huntington Beach approved the project's Negative Declaration No. 98-9 and Conditional Use Permit No. 98-48/variance No. 98-13 with findings, mitigation measures, and conditions of approval. Attachment(s): 2 RCA Author: RFB:REE:DSS Sample Construction Contract Professional Services Agreement with approved Insurance's Cert"icate and endorsement. Fire Station, CC 1084 Advertis -5- 02/17/99 4:09 PM 0, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPINIENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: , ' O-A `/ / r r I TO: ,b ode k &S D e I eL .2 S ATTENTION: r 9046-e Z, Name fir) rQ L � ►r� 2 iL DEPARTNIEhT: Street , REGARDING: City, State, Zip �U-'A -4W SeR ✓bI /L r 0&5 Le e.. PG�� l7fit.� vr1/ See Attached Action Agenda Item ,' 7 Date of Approva� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: P 1,4-)- Narh Department RCA Agreefren: Insurance Other Name Department RCA Agreement Insurance Other Name RCA Agreement Insurance Other Department Na Department RCA 0 �-fk Risk Management Dept. Agreement Insurance Other Insurance Received by Name - Company Name - Date G:Followup wverltr _ (Telephone: 714.536.5227) ATTACHMENT #1 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF FIRE STATION NO. 6 (CC-1084) THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and . a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as the "PROJECT," more fully described as construction of Fire Station No. 6 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g:agreelformlconstruc/12/01198 However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; g:agreeltormlconstruc/12/01198 2 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within One Hundred Eighty (180) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. g:agreelform/construG12101198 3 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions -of the work shall be performed and the priority of the work -of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing g: agree/form/construc/l 2/01 /98 4 data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, -or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: one in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. g:agreelformlconstruG12101198 5 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability 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 PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical -and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay;.it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of to be determined Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any -monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. g:agree/form/construell 2/01198 6 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate g:agreelformlconslrud12101198 7 the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder; provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the .quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion,when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. g: ag reelformloonstruc/12101198 8 When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure • performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. g:ag reelformloonstruc/12/01198 9 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish g:agreelformlconstruc/12/01198 10 to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, 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 prod uctslcomplated 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 for this PROJECT. 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 CONSULTANT's insurance shall be primary. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT 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: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g:agreelformlconstrudl 210 1/98 11 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the 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. CONSULTANT shall pay, in a prompt -and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. g:agree/formiconstruc1121a1 /98 12 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. 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 Califomia Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled -to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. g:ag reellormlconslrudl 2101198 13 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 8 U.S.C. Section 1324a regarding employment verification. 30. 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 Section 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED Tagreelformlconstruch 2/01 /98 14 32. 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 offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Admi ' trator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: i Attorney INITIA APPROVED: AW A eA&� Director of Public Works g:agreelformlconstruG12/01 /98 15 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF FIRE STATION NO. 6 (CC-1084) TABLE OF CONTENTS Paae No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 g:agreefj mflklkalba nil 2/01198 ATTACHMENT #2 1 2 3 4 5 O 7 8 g 10 11 12 13 14 15 18 17 18 19 20 21 22 23 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY C)F HUNllNC]TONBEACH AND DUDEK &ASS<JCIATES FOR CONSTRUCTION K8ANAGEK8ENT/DSACERTIFIED RESIDENT INSPECTION FOR THE FIRE STATION NO. 6(CC-1O84)'AND CERTIFIED RESIDENT INSPECTION AND C}VERS|TE FOR THE EDVVAROS RESERVOIR/BOOSTER PUMP STATION PROJECT Table of Contents Work Statement ----------------------.—............ ...... ..... 1 CityStaff Assistance ........................................................................................... 1 llnleofPorfornlaOce--.^--------------------------- 2 Con1DeOoaton—.,----,--------------------------- 2 Priorities.............................................................................................................. 2 ExtraWork .......................................................................................................... 2 Method ofPayment --------,-------------------^—.. 2 Disposition ofPlans, Estimates and Other Documents ....................................... 4 HoldHarnO|ess---------------------------------. 4 VVorhena^CpmpensaUonlnsurance----------------------- 4 General Liability Insurance .................................................................................. 5 Professional Liability Insurance ................................................................. ........... 5 Certificetesmf|neUranoe----------------------------. 7 Independent CoDtnaobor---------------------.-------. 7 TerninobonofA«nreennent---------------------------. D Assignment and Subcontracting ......................................................................... 8 Copyrights/Pa1ente-----------------------',------- 8 City Employees and Officials .............................................................................. 8 Notices................................................................................................................ 8 |nlFniraUOD----------------------.^----.^------- 9 Legal Services Subcontracting Prohibited ........................................................... 8 AttOrnevaFees ................................................................................................... 0 Entirety............................................................................................................... 10 jmp-Wingredd ud ekiOo|2i99 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUDEK & ASSOCIATES FOR CONSTRUCTION MANAGEMENTIDSA CERTIFIED RESIDENT INSPECTION FOR THE FIRE STATION NO. 6 (CC-1084), AND CERTIFIED RESIDENT INSPECTION AND OVERSITE FOR THE EDWARDS RESERVOIR/BOOSTER PUMP STATION PROJECT THIS AGREEMENT, made and entered into this day of ZVdL- q., L _ 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DUDEK & ASSOCIATES, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for a construction management/dsa certified resident inspection for the Fire Station No. 6 (CC-1084), and certified resident inspection and oversite for the Edwards Reservoir/Booster Pump Station project 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 CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposals dated January 14, 1999 and February 9, 1999 (hereinafter 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." CONSULTANT hereby designates George Litzinger who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. j mp/Vagrmid udeiv'02! l 2199 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT 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 October 1, 2000 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 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 services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Four Hundred Fifty One Thousand, Nine Hundred Twelve Dollars ($451,912). 5. PRIORITIES In the event there are any conflicts or inconsistency between this Agreement, the CITY's RFP, or the CONSULTANT's proposal, the following order of precedence shall govern: 1) Agreement, 2) the CONSULTANT's proposal, and 3) the CITY's RFP. 6. 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," CONSULTANT will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 2 jmp1ldagree/dudek/02/ 12/99 7 METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein on a monthly basis. B. Delivery of work product: A copy of every technical -memo and report prepared by CONSULTANT 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 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 principal member of the CONSULTANT'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 CONSULTANT 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 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 nonapproval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be 3 jmp/k'agree/dudcL--'02!1 2199 suspended until the parties agree that past performance by CONSULTANT 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 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. 8. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original -drawings, designs, reports,: both field and office -notices, 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 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 CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's performance of its services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, 4 jmp'kagreeidudek 02 l'_ 99 agents or employee, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 10. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONSULTANT acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250.-000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public- liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, 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 productslcompieted 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 5 j mpWagrecidudek, 02i 12i99 Insureds, and 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. 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. D. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT 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: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and 6 jmp`k:agree:'dudek OZ� 1299 C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the worm 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 CONSULTANT under the 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. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. INDEPENDENT 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 expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 15. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. 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 CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 7 jmplklogrceldudeki02/i2199 16. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 17. 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. 18. CITY EMPLOYEES AND OFFICIALS CONSULTANT 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. 19. NOTICES Any notice 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 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 Service, addressed as follows: TO CITY: TO CONSULTANT: Robert Beardsley, Director of Public Works George Litzinger, Manager City of Huntington Beach Dudek & Associates 2000 Main Street 605 Third Street Huntington Beach, CA 92647 Encinitas, CA 92024 20. IMMIGRATION CONSULTANT 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. 8 jmp'ki agree/dudek/02.' 12'99 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 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 CONSULTANT. 22. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 9 jrnp•'WagrecidudeV02i 12i99 23. 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 offices the day, month and year first above written. DUDEK & ASSOCIATES, a California Corporation Dan Jung, Secreta REVIEWED AND APPROVED: City Adn istrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 7�jz-L- A, Mayor ATTE� City Clerk r± /� 9 r APPROVED AS TO F RM: , Virector ,_4ity AttorneyAND APP VED: f Public Works j mp/k:`aeree.'dudeki 02.E 12; 99 10 ebA V "11:5`1I-..' : u2 AS �� CERTIFICATE OF LIABILITY INSURANCE FEB999 PRUIDUEN, 714I6 CER7IFICATI6 iS ISSUED AS A 14AYM OF 111FORK&TION GRLY ArffOFlABi J. HALL S COI�91xANY AND CCWERSp NO IZEQM UPON TH@ CXR71FICATE POLK& THIS 119M NE 7TH AVF N111= SUITE D a'�� � AFFORREI M BY OTHE NOT 9EL&v71ENb OR ALTER THE GOVF�JMGE POULSOO WA 98370 f� �( fp p Q • ! U 3 9 y COBIIPANIL3 AFFORDING COVERAGE 1NSUHk"D -- COMPANY A , 1 C DUPE~K & ASSaCIRTES IHC ` D COMPANY B: @US 3PM BTRIEV COMPANY C: ENCINITAS, CA 97024 COMPANY 0- , COMPANY E- T" is TD cE"71 Y =Tmc pwiel or P99KNEV "S W— HVITMW fS WE 195LMS07NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRMIE;NT. TERM! OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WRiLH T"S CERTIFIGAIE WIT BE ISSUED OR MAY 9ERTADA, THE IYSUAANCE ARIVAPED )PY THE PVWCJECo DEsCR;VEP 4SRrJM IS SUBJECT *10 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ¢OLIGI:S. LIMrM SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. TYPE pi INSURANCE POLICY MunwaI o 'Fe � N1LTo alilMAL UAVIUIV SISBKLE0112 AUG790 AUGj8 89 vCGUIt s< ,300,0130 ("rl 0000MIIE�IC" GG"t"L LtA81LI'1Y Fs�c OAMAJUE (MY Ore Frei $ ! I CtAIN3 MACII f : Mcult I I I w o Esv wyom pow) b 10.00 B ;--� FERSOfiALaAQvuLYNY s 1,000.000 �~s I I CF�ut rAGGREGATE 5 21900v00 PFOOUCTSGW+PICPAC,G. t 3, ,OSND IGEN'LAC-QWG.ATELlmrrAppuc9rem; . POLIO► r- pea. 40C ' 92UENOK6404 AM 15 91 1 AUO 40 88 CF°Mg ; IHG,E Pom 1,090.0" 6GQILY PL•UR1' ALL G1M1h@R kUTp$ f I ' J SC DUtFDAV10.4 IPWD*rw�i I i 0 A HIRED WIGS yL ' 1144NA111040 AUTOS I p r r' 1 AS TO F' ORIA : ""M in) S 4 ITT .i GARAGE LIA;RLITT nU'O ON"Y - EA AC6sAENT i s AM ALTO --� @ OVC �,dr tl rpTil2�r I4A A.".0 IAOVMEAh7L1r; ; E 0 1fflf� � LAITY - OCG S 1�jOCCUR DE CLAIMS MAI A04REGATE S d rr II I q .i bEbUGYmlg f o 8 0 V10R"AS CONP*NdA AN T 3Q5i7P-00 r AUG Y8 98 AUG as 94 E4Pr Rti• 13ARurrf VC TA7v orn G I EL EACH ACCLOWT T 1,06 . I E.L Q%VA r%A PAPLoTEE t 1.E18d.000 i @.L. asNAN-POLIOV 4MIr a 1,d00.000 10 EEN11140417SB MG 2898 , AU I o Z , PER CLAIM q' Pi10FE'BSIQi1AL LlARILITY + IPOLLUTION LIABILITY { I 4,EIS0 OOD AGGREGATC DEOUCYIBLE ia,daib 1 CLAIAAS- MADE POLICY I i DESCRIPTION OF OPE ATTIONSILOCATION&VF-Hlr -ESISPECNAL I- EMS RE:KIRE STATION KQ.G AND THE EDWARDS RESE.RVOIg 9()O9TER PUMP STATION ROJECT CER'nr%CATE HOLDER IS AN ADQ•L INSUROO ON T14C COMMEMCAL GEN6RAL LIABILITY AND AUTO L"ILITY AS MPECTS L"JUTY ARISING OUT OF ACTIVITIES BY. OR ON 8614AL8 OP TMIe NAMED INSURED (SEE FMORSEMENT ATTACHED). CER'rRCATE HOLDER ADO TIONAL NSIMED; III VIMR klt"W- CANCELLAT16N CITY OF HUNTINGTON REACH 2000;IAIN STREET HUNTINGTONsI MACH, CA 9MG Ar ntion. �gANMY OF INE ANDIOT DWRJOep P4k,CIES 96 CANCr&UZV YK TO niE C�fF AFTE HMO�a a To n+e FrtwsL 38 pAYB V1RT(Y61i U,S - Fax : 6o-5aa- 703 Feb 9 -' 1 5.t v3��9 R ATTACHED TO AND FOR1v[ING PART OF CERTIFICATE OF INSURANCE NO. 5071 COMMERICAL GENERAL LIABILITY SECTION POLICY NO. 52SBKLE0112 It is hereby agreed and understood the City of Huntington Beach, its agents, officers, and Employees are added as an additional insured under this policy but only insofar as their Legal liability arises out of the operations of the named insured. DATED. February 9,1999 Authorized Repre3cutative CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P. 0. E1 o x 1 9 0 C a l i f o r n i a 9 2 6 4 8 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 December 16, 1998 Mr. Gordon Fulton President Concept Marine Associates 13483 Fiji Way Marina Del Ray, CA 90292 Re: PROFESSIONAL CONSULTING SERVICES EDWARDS FIRE STATION NO. 6 - CITY CASH CONTRACT 1084 AND THE EDWARDS RESERVOIR & BOOSTER PUMP STATION PROJECT Dear Mr. Fulton, The City of Huntington Beach, Public Works Department, is seeking written proposals for Professional Consulting Services. The enclosed Request for Proposal outlines the objectives and scope of work to be accomplished by the selected consultant. Please review it thoroughly and should you have any questions or concerns please feel free to call me at (7141 375-5078. Proposals are due Thursday, January 14tn. Thank you for your time and interest in providing professional services to the City of Huntington Beach. Frinclpal C. vil tnglneer DSS:sar Enclosure CITY OF HUNTINGTON BEACH 2000 Main Street P.Q. Box 190 California 92648 Robert F. Beardsley, P.E. Director December 16, 1998 Mr. Steve Tedesco ASL Consulting Engineers One Jenner Street, Suite 200 Irvine, CA 92718 Department of Public Works (714) 536-5431 Re: PROFESSIONAL CONSULTING SERVICES EDWARDS FIRE STATION NO. 6 - CITY CASH CONTRACT 1084 AND THE EDWARDS RESERVOIR & BOOSTER PUMP STATION PROJECT Dear Mr. Tedesco, The City of Huntington Beach, Public Works Department, is seeking written proposals for Professional - Consulting Services. The enclosed Request for Proposal outlines the objectives and scope of work to be accomplished by the selected consultant. Please review it thoroughly and should you have any questions or concerns please feel free to call me at (714) 375-5078. Proposals are due Thursday, January 141h. Thank you for your time and interest in providing professional services to the City of Huntington Beach. Freg .4ck, P.E. Principal Civil Engineer DSS:sar Enclosure 0 w JW r" :) J*A-inlffCITY OF HUNTINGTON BEACH 2000 Main Street Robert F. Beardsley, P.E. Director December 16, 1998 Mr. Jim Guerrero / Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614-4705 P. O. B 0 x 1 9 0 California 92648 Department of Public Works (714) 536-5431 Re: PROFESSIONAL CONSULTING SERVICES EDWARDS PIRE STATION NO. 6 - CITY CASH CONTRACT 1084 AND THE EDWARDS RESERVOIR & BOOSTER PUMP STATION PROJECT Dear Mr. Guerrero, The City of Huntington Beach, Public Works Department, is seeking written proposals for Professional Consulting Services. The enclosed Request for Proposal outlines the objectives and scope of work to be accomplished by the selected consultant. Please review it thoroughly and should you have any questions or concerns please feel free to call me at (714) 375-5078. Proposals are due Thursday, January 14rn, Thank you for your time and interest in providing professional services to the City of Huntington Beach. Best rega "ou as-S. Stack, P.E. rinclpal Civil Engineer DSS:sar Enclosure 11 a 1 - CITY F OF HUNTINGTON BEACH O2000 Main Street P . 0 . B o x 190 California 92648 Robert F. Beardsley, P.E. Director December 16, 1998 Mr. Bruce Toro V Holmes & Norver 999 Town & Country Orange, CA 92858 Department of Public Works (714) 536-5431 Re: PROFESSIONAL CONSULTING SERVICES EDWARDS FIRE STATION NO. G - CITY CASH CONTRACT 1084 AND THE EDWARDS RESERVOIR & BOOSTER PUMP STATION PROJECT Dear Mr. Toro, The City of Huntington Beach, Public Works Department, is seeking written proposals for Professional Consulting Services. The enclosed Request for Proposal outlines the objectives and scope of work to be accomplished by the selected consultant. Please review if thoroughly and should you have any questions or concerns please feel free to call me at (714) 375-5078. Proposals are due Thursday, January 14rn. Thank you for your time and interest in providing professional services to the City of Huntington Beach. Best regar o s S. Stack, P.E. Prin ipal Civil Engineer DSS:sar Enclosure 0 L-JR1 CITY OF HUNTINGTON BEACH 2000 Main Sireet Robert F. Beardsley, P.E. Director December 16, 1998 Mr. Larry Shaw Project Development Manager DUDEK & Associates 529 W. Blueridge Orange, CA 92865 P. O. B 0 x 1 9 0 C a l i f o r n i a 9 2 6 4 E Department of Public Works (714) 536-5431 Re: PROFESSIONAL CONSULTING SERVICES EDWARDS FIRE STATION NO. 6 - CITY CASH CONTRACT 1084 AND THE EDWARDS RESERVOIR & BOOSTER PUMP STATION PROJECT Dear Mr. Shaw, The City of Huntington Beach, Public Works Department, is seeking written proposals for Professional Consulting Services. The enclosed Request for Proposal outlines the objectives and scope of work to be accomplished by the selected consultant. Please review it thoroughly and should you have any questions or concerns please feel free to call me at (714) 375-5078. Proposals are due Thursday, January 141h. Thank you for your time and interest in providing professional services to the City of Huntington Beach. Frega ack, P.E. Principal Civil Engineer DSS:sar Enclosure CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P. O :Box 1 9 0 C a l i f o r n i a 9 2 6 4 8 Robert F. Beardsley, P.E, Director December 16, 1998 Mr. Gary Woods Regional Manager Western Summit 1947 Camino Vida Roble, Suite 102 Carlsbad, CA 92008 Department of Public Works (714)536-5431 Re: PROFESSIONAL CONSULTING SERVICES EDWARDS FIRE STATION NO. 6 - CITY CASH CONTRACT 1084 AND THE EDWARDS RESERVOIR & BOOSTER PUMP STATION PROJECT Dear Mr, Woods, The City of Huntington Beach, Public Works Department, is seeking written proposals for Professional Consulting Services. The enclosed Request for Proposal outlines the objectives and scope of work to be accomplished by the selected consultant. Please review it thoroughly and should you have any questions or concerns please feel free to call me at (714) 375-5078. Proposals are due Thursday, January 141n. Thank you for your time and interest in providing professional services to the City of Huntington Beach. Wlk /�/4ji Dofn(glos S. Stack, P.E. Principal Civil Engineer DSS:sar Enclosure h RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Fire Station No. 6-Edwards, CC-1084 & Edwards HI=Ir & Booster Pump Station Authorization CC -1084 & Execution of Professional Services Agreement for Construction Management and Inspection COUNCIL MEETING DATE:t--- March 1, 1999 -RCAIATTAPHMENT ST Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Att6mey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find ings/Conditions for Approval and/or Denial Not Applicable EXPLANATION -FORMISSING4. ATTACHMENTS (RETURNED;.':'' i'.FORWARDED;' Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk .-EXPLANATION FOR -RETURN":0F1TEM.:',:V