HomeMy WebLinkAboutGREER AND COMPANY - 1982-10-25 CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this � _ day of
-Qr , 19 , by and between the CITY OF HUNTINGTON
BEA,:d, a municipal corporation, hereinafter referred to as
"CITY," and LARRY E. GREER CO. , a corporation, doing business as
GREER AND COMPANY, hereinafter referred to as "CONSULTANT,"
RECITALS
WHEREAS, Life CITY OF HUNTINGTON BErCH desires to engage the
seivices of an engineering consultant for the performance of
certain services for and on behalf of CITY; and
CONSULTANT has been s,:lected to perform said serv;ces,
NOW, THEREFORE, if, Ls agreed by CITY and CONSULTANT as
follows:
1. WORK STATEMENT
CONSULTANT shall provide all engineering services as
described in the eccument entitled Proposals for Preparation of a
Master Plan: of Bikeway-s for the City of Huntington Beac:c, ()-_erein-
after referred to as Exhibit "A") which is incorporated into this
agreement, by this reference. Said engineering services (herein-
after referred to as "PROJECT"') shall. include, but not be limited
to surveys, investigations, consultations and advice, preparation
of detail design, construction, rlaas, estimates of quantities- an-
costs, preparation of the special pro✓isionr and _ny other
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11/4/82 .
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miscellaneous engineering services required to permit CITY to
advertise for bids for construction of PROJECT.
CONSULTANT shall attend and assist in all coordination
meetings.
CONSULTANT shall designate a registered civil engineer
who shall represent it and be its sole contact and agent in all
consultations witn CITY during fulfillment of the terms of this
agreement.
2. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all original drawings, reports,
both field and office notes, calculations, maps and other
~documents, shall be turned over to CITY upon any termination of
PROJECT.
3. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONSULTANT hereby agrees to defend, indemnify and hold
harmless CIT';, its officers, agents and employees, from and
against any and all liability, damages, costs, losses, claims and
expenses, however caused, resulting directly or indirectly from
or connected with CON,- 'TANT's performance of this agreement
(including, but not limited to such liability, cost, damage,
loss, claim, or expense arising from the death or injury to an
agent or employe of CONSULTANT, subcontractor, or of CITY or
damage to the property of CONSULTANT, subcontractor, or of CITY
or of any agent or employee of CONSULTANT, subcontractor, or of
CITY) , except where Stich liability, damages, costs, losses,
claims or expenses are caused solely by the negligent or wrongful
2.
acts of CITY or any of its agents or employees including negli-
gent omissions or commissions of CITY, its agents or employes, in
connection with the general supervision or direction of the work
to be performed hereunder.
4, WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; a .d 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 attorneys'
fees and coasts 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 CONSULTANT
under this agreement.
5. INSURANCE
In addition to the Workers' Compen6ation insurance and
CONSULTANT's agreement to indemnify CITY, CONSULTANT shall
furnish to CITY and maintain in force until the completion of
PROJECT a policy of general liability insnrance in which CITY is
named as an additional insured. The policy shall indemnify CITY,
its officers and employees, while acting within the scope of
their duties, against any and all claims arising our of or in
connection with PROJECT. The policy shall provide coverage in
3.
not less than the following amountst Combined single limit bodily
injury and/or property damage of $300,000 per occurrence. Such
policy insurance shall specifically provide that any other
insurance coverage which may be applicable to the loss shall be
deemed excess coverage and CONSULTANT'S insurance shall be primary.
A certificate of all such insurance policies required by this
agreement shall be delivered to the City Attorney prior to the
commencement of any work and shall be approved by her in writing.
No such insurance shall. be cancelled or modified without thirty
(30) days' prior written nrtice to CITY.
S. INDEPENDENT CONTRACTOR
CONSULTANT is and shall be, acting at all times in the
performance of this agreement as an inlependent contractor. CON-
SULTANT shall secure at its i-r:pen.;�, and be responsible for any
and all payments of all taxes, so,-ial security, state disability
insurance compensation, unemployment comp4-zr. ration and other
payroll deductions for CONSULTANT and its of--,:ers, agents and
employees and all business licenses, if any; in co�znection with
the services to be performed hereunder.
7. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly
with CONSULTANT in connection with the work of this agreement.
S. PROVISION FOR PAYMENT
In consideration of the performance of Phase I of the
f`I
above described engineering services referred to in said Exhibit
"A", CITY agrees to pay CONSULTANT on the basis of : onthly invoices
submitted providing an estimate of the percentage complete. Said
4
invoices to be paid within thirty (30) days of the date of
invoice. The total lump sum amount for Pl.ase I will be four
thousand eight hundred sixty five dol-ars ($4, 865) . The CITY
shall retain ten percent (10%) of each invoice, which retention
shall be -aid to the CONSULTANT upon acceptance of the Master
Plan for Bikeways by the CITY.
The CITY shall negotiate with the CONSULTANT for each
individual project to be prepared in Phase II of the above
described engineering services referred to in said Exhibit "A"
on the basis of the CONSULTANT'S then current- standard hourly
sates. The CITY shall retain ten percent (10%) of each invoice
submitted for Phase II projects, which retention for each project
shall be paid to the CONSULTANT upon acceptance of said individual
project.
9. EXTRA WORK
In the event of authorization, in writing by the City
Engineer, of changes from the work as indiCELted in Exhibit "A" or
for other written permission authorizing additional work not con-
templated herein, additional. compensati-n shall be allowed for
such extra work, so long as the prior written approval of CITY is
obtained,
10. TERMINATIf`'3 OF CONTRACT
All work shall be done in a good and workmanlike manner.
CITY may terminate CONSULTANT'S services hereunder at any time
with or without cause, and whether or not PROTECT is fully com-
plete. Any termination and any special instructions hereunder
from CITY shall be made through the City Engineer, and in writing,
5. '
which inay be delivered in person to CONSULTANT or nailed through
the normal course of mail to its now-established business address.
In the event this agreement is terminated, all drawings, designs,
specifications and appurtenant data may be used by CITY.
11. SUBCONTRALTOV
This agreement is a personal service contract and the
supervisory work hereunder shall not be delegated to any person
or entity without the consent of CITY.
12. A_DDITIONAL PROVISIONS
CONSULTANT agrees that no regular employee of Y.
shall be employed by its firm during the time that this reement
is in effect.
IN WITNESS WHEREOF, the partiea hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CITY OF HUNTINOTON BEACH
a m nicipal corporation
iI Mayor
ATT T: APPROVED S TO FORM:
C� jr A
i � �r•By
�✓L City Clerk _-"City Attorney
REVIEW D APPB,OV INIT AND/ PPR D:
ByLti'GaL�'a By
City Administrator Director, Public Works
CONSULTANT.
By
Larry E.'--Greer, President
6._
completod certificate to: CERTIFICAI E OF INSURANCE Approved as to Form
t;n'3 o[•:luntulSerrn Boac't TO Gael Hutton,City Attorney
,Ay Attornoy
P.0 Box,b110 CITY OF HU;'ITINGTON BEACH,CALIFORNIA 'Huntington Basch,CA 5;26da By:
Copy to Risk M> ,49
;tlagor soar approval A MUNICIPAL CORPORATION �'I /1
This is to certify that thu policies of insurance as described below have been issued to the insured by the undersign and are in force
at this time. It these policies are cancelled or changed in such a manner that will affect this certificate,the insurance cc,npany agrees
to give 10 days prior written notice, by mail,to City of Huntington Beach P.0.Box 711,Huntington Beach,California 9264C. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANG'.= IN THIS FORM SHALL BE L'IGNED AND DATED BY AN
AUTHORIZED REPRESENTA-IVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured LARRY E. GREER .AND CO., INC. dba GREER & CO.
Address of Insured 4095 E. LA PALMA AVENUE, SU I TE L, ANAHE I M, CA 92807
Location of Work or Operations to be performed 4095 E. LA PAL.MA AVENUE, SUITE L, ANAHE I M, CA 92807
Description of Work or Operations PREPARATION OF BIKEWAY PLAN AND DESIGN DRAWINGS
POLICY PATES- LIMITS OF LIABILITY NAME OF COMPANY
POLICIES IN FORCE POLICY NO, Effective Expiration In Thousznds(000) (INS.)
GENERAL LIABILITY 1570 16 36
IX COMPREHENSIVE FORM 1271 35 79 $1, 000, 000 CSL
I I PREMISES-OPERATIONS Each Occurance
1 EXPLOS;ON AND
COLLAPSE HAZARD
I ( ONDERGROUND HAZARD
XI PRODUCTS COMPLETED
OPERATIONS HAZARD _
( j CONTRACTUAL 4
INSURANCE
I 1 BROAD FOREL
PROPERTY.DAMAGE
( 1. INDEPENDENT.
CONTRACTORS
I ). PERSONAL INJURY
AUTOMOBILE LIABILITY SAME
I I COMPREHENSIVE FORM
( ; OWNED � , 000, 000 CSL
I I HIRED Each Occurance
LXI NON-OWNED
EXCESS LIABILITY
11 UMBRELLA FORM
I ] OTHER THAN $
UMBRFLLA FORM
WORKERS'COMPENSATION
and
EMPLOYERS'LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees,
commir3iona,boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the
City of Huntington Beach,when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall
to primary to any insurance of the City of Huntington Beach,as their i;serest may appear.
Dee AUTHORIZED REP,p ENT FIVE NF f"
GE-COMPANY
INSURANCE COMPANY � rt•,. . y 14v.t>�+ ���a j`��a`
By
Noma- FyU9FIeA1VL`EGN('Y
Address. .
Address I '1 `a� .1W3y ; t1i#t! a"l�R
City {n•..a3»�t tt L�z Cir/ --- 5 i 0 R�-rz,--Gag--
.% T,Iopho�g t. j4) A55-t3711
HOLD HA13MLESS AGREEMENT
— t (to be executed by insured)
The insured " d!Ton,agrees to protect deferd,indemnify, save,and hold harmless the City of Huntington Beach its
officers, agents, arSd employees against any liabii.-,, loss,damage,cost,or expense by reason of any and all liability,suits,claims,
demads,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising
out ofor in colscequence of the performance of all o y operations or activity for which this certificate of insurance is furnished.
"(1)Sole Nopriatorship (2)Partnership '
HOLD HARMLESS SIGNED- By Insured: 01
(Ali names shall be printed ortyped By trtsured: Tttie
below,vuh signature.)
! ' tpnratiano TWO WiWtt,-MUst,tign,or ptesent evidence of autharization to bind Corporation,
FO Bna 7FK /rMwch Fo-o Eu M) Of rHIM.y'-x't
.,Rv,.. STATE Alir'ORNIA
STr:TE E E, D0l.`,7.STIr MCI', CORP011;AT101:
Tn...arxa�ttnr ni:;5#9!r;-i'll -64',DN' Lc-
PLEASE TYPE OR USE BLACK INK WHICH WOULD BE SUIiASLf !
FOR MICROFILMING I
F __... �-:,°1.. �I�Ir• +:� i*'tf�ax� II ;i.a t
103,77500 O UE DATE 173805
LAFRY E. GRFEF G CO ., INC .
40cj5 E LA PAL-'A AVE PxE L r, 0
ANAI•TFIL', CA 928(7 f
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•rCF RRPfi...•t-- Nr..*•a S♦xv PRN.t V.x k,:..
l THE NAMED HEREIN. OfsGAt�:ZED LN.•`.,7 tAvti'S OF THE SaA'E Cc CAIIFCRN;A, MAY,ES Th!
I fO:tOivf*.tC, 57A'EMFN
4095 E. LA PALMA AVENUE L ANAHE1bS 92807
4095 E. LA PALMA AVENUE t L ANAHEIM 93807
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4095 E. LA PALMA AVENUE L ANAHE 1 M ' 92807
I NAMES Ct THE FOLLOWING OFFICERS Ar' _ r
LARRY Er+ GREER i 4095 E. LA PALMA, AVENUE, SUITE L ANAHEIM, CA ! 92807
LARRY E. GREER _ 4095 E LA PALMA.AVENUE, SU I TE L ANAHE.I,M, CA 92807
LARRY E. GREER 1 4095 E. LA PALMA AVENUE, 5UI TE L ANAHEI,M, CA 17, 92807
f + t�,+A'� 5•. c'EmP1ETE B:sS NCs�,OR RE,,�h f E AT E5! 6 IICUxrEEt J i 710kS 11-1 WU•16, THOSL D:RECToRS WHO ARE
f AISO OFFIC•EF.S (Atlock r:s_K D• k,r^-ry!r,s+ of
L
LARRY E. GREER 4095 E. LA PALMA AVENUE, �U 1 TE L ANAHE I M, CA 9280r
�x i x d ?F OF v`A'wANCiF$CAN T-; E..r* if � 0
. Ave... .; _ .
Larry�rx Ea Greer, 4095 E. La Palma nue- 5ulte I: Anahelm, CA.92E3Q7
♦y C R r x P R GE a,".+a.f 4 Rrrd a 1h f ""..!,a lxr.,' Ye a,r:. ,.. ,.
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_ Engsneer in and pl#3 Inlnq sorvlces
1-20-82 ,�. Pr osl dent y`J �✓'�Ci'�-�i�-
CITY OF HUNTINGTONBEACH
Ft'.213 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 22, 1982
Larry E. Greer & Co. , Inc.
4095 E. LaPalma Avenue — Suite L
Anaheim, CA 92807
The City Council of the City of Huntington Reach at its regular
meeting held Monday, November 15, 1982, approved an agreement
with your firm for the preparation of plans and specifications for
bikeways in the City of Huntington Beach,
Enclosed is a duly executed copy of said agreement for your records,
together with a copy of your insurance certificate which you submitted.
ALICIA M. WENTWORTH, CITY CLERK
Deputy
AMW:cb
enc:
9
(Telephone:714-53"227)
y
CITY OF HUNTING TON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
I
November 16, 1982
I'
Larry E. Greer & Co. Inc.
4095 E. La Palma Ave. Suite L
Anaheim, CA 92807
f
The City Council of the City of Huntington Beach at its regular
meeting held Monday, November 15, 1982, approved an agreement
with your firm for the preparation of plans and specifications
for bikeways in the City of Huntington Beach.
Enclosed is the original agreement for your signature. The insur-
ance which you submitted has been sent to the City Attorney's Office
for approval ,
Upon receipt of this original agreement with your signatures and the
approval of your insurance by the City Attorney, a duly_executed
copy of said agreement will be sent to you.
Alicia M. Wentworth
City Clerk
AMW;cb
enc.
(Tolephaaa 714 536.W27)
REQUE . FOR CITY COUNCIL CTION
Gate November 3, 1982
Submitted to: Honorable Mayor and City Council r 4.00
Submitted by: C. W. Thompson, City Administrat o
Prepared by: Pawl E. Cook, Director of Public Works`� ' `�U", z
. Cs
Subject: Approve Contract to Prepare Plans and Sp e ilcatip
Bikeways in the City of Huntington Beach; CC,153-3-_
Statement of Issue,Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The City Council on October 2�, 1982 approved the selection of Greer and
Company to prepare plans and specifications for subject bikeways.
RECOMMENDATION•
Approve, Greer and Co. professional services contract and au.t.iorize the
Mayor and City Clerk to execute.
ANALYSIS:
The e City has applied for and received SB-821 funds since 1978. The legisla-
tion authorizing this special fund restricts uses to bicycle and pedestrian
facilities. The fund is distributed on a population formula and the City
applies for approximately $40,000 each year. The fiTnds 'are distributed by
the Orange County Transporta-ion Commission (OCTC) who has indicated new
allotments will not be made if the local fund balance is excessive. The
City presently has a fund balance of $175,000 of which $93,000 has not been:
designated for specific projects. The designated monies include
Wheelchair ramps $25,000
PCH bus stops 28,500
Bicycle trail upgrading 28,500
The consultant contract will allow the City to spend the fund balance as well
as have plans "on the shelf" as additional bikeway funds become available.
FUNDING SOURCE:
SB 821 Funds.
ALTERNATIVE ACTIONS:
Do not approve contract.
ATTACHMENT:
Contract
CWT:PEC:BW;'jy
P10 478E` ��
4095 East La Palma Avenue, Suite L
too Anaheim,California 92807
0 (714) 630-9230
ENGINEERS& PLANNERS
October 28, 1982
Mr. Bi i l Waddell
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Corporate Officers of Greer & Co.
Dear Mr. Waddell:
Enclosed is a copy of our "Statement by Domestic Stock Corporation"
listing the corporate officers of Greer & Co. Hopefully this will
be sufficient identification.
Please call me if 1 can be of any further assistance.
Sincerely,
GREER & CO.
� !ems �
Vicky argue
Offi e Administrator
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i
REQUESOFOR CITY COUNCIL CTI «
Date September 29, 1982
Submitted to: Honorable ciayor and City Council AFRO Sy CITY c-,DUNC, . ,
Submitted by: Charles W. Thompson, City Administra...-
o
Prepared b Paul E. Cook, Director of Public Works#
p y=
Subject: Apr .`ove Selection of Consultant to Prepare Plans and
d
Specifications for Bikeways in the City of Huntington
Beach ; CC 633
Statement of Issue, Recommendation,Anaiysis, Funding Source,Alternative Actions,Attachments: E'1 t3
Statement of Issuer
The City's Master Plan of Bikeways has significant missing links for which construction
funding is available.
PEc ndation:
Approve the selection of Greer & Company to prepare plans and specifications for bikeway
construction.
Analysis:
The City has applied for and received SB-821 funds since 1978. The legislation authorizing
this special fund restricts uses to bicycle and pedestrian facilities. The fund is dis-
tributed on a population formula and the City applies for approximately $40,000.00 e�--'i
year. The funds are distributed by the Orange County Transportation Commission (OCPC;
who has indicated new allotments will not be trade if the local fund balance is excessive.
The Cibr presently has a fund balance of $175,000 of which $93,000 has not been designated
for specific projects. The designated monies include-
Wheelchair ramps $25,000
PCK bus stops 28,500
Bicycle trail upgrading 28,500
The consultant contract will allow the City to spend the fund balance as well as have
plans "on the shelf" as additional bikeway funds become available.
Proposals were received from six consulting firms. Task I is to invei-itory the existing
bikeway systerxt and identify and prioritize projects to complete "missing links." A
preliminary report will be written describing the bikeways and any problem areas (cost,
right of way availability, utility conflicts) . Task II is --he preparation of plans and
estimates for (1) bike trail signing and striping for 5,000 L.F. of 4 lane roadway (2)
plan and profile construction drawings for 1,000 linear feet of st eet widening; and
(3) specifications for construction.
Firm ?dame Task I Task II
Greer & Co 4,865 5,356
NRA 9,900 6,100
JEF/3) 10,000* 5,500
Justin Farmer 12000 7,000
Kimmel & Assoc. -1,550 29,000
Berryman. & Stephenson 30250 7400
*includes an all dau. workshop (optional)
i
pao 4181
r Request for City Council Action
September 29, 1982
Page 2
Pxidi.ng Source:
SB-82.1 funds presently on deposit with the City.
Alternative Action:
Reject all proposals and call for new proposals or prepare plans in-blouse.
Attacin-rants:
Proposed: Master Plan of Bikew-ays
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HrUNTINGTON BEACH CALIFORNIA Proposed Master Pil,.n Of Bik ewa
PLANNING DIVISION