HomeMy WebLinkAboutHALL & FOREMAN, INC - 1979-08-20;.0
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G R E E M E N T
°
THIS AGRELMENT, made and entered into thi;a /D`2_
day of �, 1977 by and between the CITY OF HUNTING-
":ON BEACH, CALIFORmr-A, a muni-ipal corporation, hereinafter
referred to as CITY, and i & Foreman, .Inc. a Calii'arnia
corporation , hereinafter referred to as CONSULTANT,
W ITNES GETh
tAe
City Council of CITY is authorized to engage the
services of a professional-6n0.jne�er for the performance of
necessary engineering services for and on behalf of CITY; and
It is necessary and desirable than professiona2
engineering services be performed for CITY as more specifically
t
described in the Request for Proposal for Warner Avenge Relief
Sewer, Phase rI , hereinafter referred
to as PRO<iEC.T. Said proposal is attached hereto, mairked Exh_il t
"A," and by thz.a -reference in c.1cporated herein and made a part
hereof.
a-
CONSULTANT .shad have a high degree of spocial.ized
training and experience and shall have all i>ecessar, licenses
there'--r to practice and perform the services herein contemplated;
and
;
t - �Gabcz
4/8/79
inee a en
CGNSULTANT .agrees zo perform the g engineering
services necessary for this project; an_d
CITY hereby employs CONSULTANT to perform the ,.ollow-
e aa3,
'
ing services as required try P1;,3J'EUT and COW sUL'"PANT agrees to pry
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vide those services in accordance with recognized standards of°.
the e_:gMeering profession; and
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No official or employee of CITY has a financial in-
terest in the subject matter of this agreement contemplated
within the provisions of California Government Code Section 1090-<<-y
1092 and
CONSULTANT warrants that it shall perform the services
herein contemplated a compliance with the California laws re-
lated to minimura hours and wages (California Labor Code Section
1171 et seq.) , Occupatio;gal Health and safety (29 U.S.C. 651 et
seq.., and the California Labor Code Section 6300 et seq.) , and
fair employment practices (29 V.S.C. gal et seq., and. California
Labor Code Section 1410 et seq.) to the extent same are applicable
herein; and
The parties hereto 6-sire to set ford. their rights,
duties and l.i.atilitie.s In connection with the services to be per-
formed under this PROJECT,
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NOW, THEREFORE, it is agreed by CITY and CONSULTANT as
follows:
SECTIOv) 1.GENERAL DESCRIPTION OF WORK TO T,�E ,DONE;
(a) CCNSVLTAVT shall provide all engineering services
a-.t described z.n Ex4ihit "A" including but not limited to surveys,
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investigations, consultations and advioa, preparation of detailed
design, cor:rtruction plans, special provisions; estimates of
quantities and costs, and any other miscellaneous engineering
�
services 1egn:.red to complete the assignment as outlined in
Exhibit "A..""-
(b) CONSULTANT shall attend and assist in all ccordi-
Ile
nation meetings.
(c) CONSULTANT shall, designate a registered civil
•
engineer who shall. represent M.t and be its sole contact and. agent
J,_:.L all, consi Ltations with CI:4 Y during fulfillment of -c�e terms of
this agreement.
SECTION 2. DISPOSITION OF PLANS, ESTIMATES AND OTHER
a,DCUMENTS 3
CONSULTANT agrees that all original drawings, .reports,
moth field and office notes, calcilati.ons, maps ar.0 other docu-
ments-, s)ial.l be turned over to CITY upon completion . Pit)JECT.
SECTION 3. DISCRIMINATION;
CONSULTANT agrees that in the performance of the terms
of this agreemoat, i4 will not engage in, nor permit its agents
to engage in, discrimination in employment of persons because of
race: religious creed, color, national origiD, ancestry, physi-
cal handicap, medical :'o-ndition, marital status, or sex of such
.
persons, except :as provided in Section 1420 of the California
Tabor Code.. Viol rtion of this provisionmay result in the 1,mpc5i"w
tiopof penalties referred to in Division 2,- Part 7, Chapter l of
the California Labor Code,.
SECTION 4. I'NDEMNIFICATION,DEFENSE, HOLD ;JARMLES$:
C0NSaLTA'KT ht_reby ag:e"s to defends indemnify and bold
barmless
T° k i4o offi,Cers, agents and employenslfrom atd against any and
all li:a)�Ility, damag-s, costs, losses, claims and expenses, proxi-
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mately caused or in connection with CONSULTANT'S negligent or
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wrongful acts in the performance of this agreement (including"
out not limited to such liability, cost, damage, less, claim or
.
expense arising from the date or injury to an agent or employee
of CONSULTANT, his subcontractor, or of CITY or damage to the
4�,
property of CONSULTANT, his subcontractor o- CITY), except
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wf~�!re such liahility, damages, costs, losses, claims or expenses
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.ire caused solely by the negligent or wrongful acts of CITY or
any of its agents or employmes including negligent omissions or
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commissions of CITY, its agents or employees, in connection withR"
the general supervision or direction of the work to be perform:d
hereunder,
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SECTION 5. WJRKERS' COMPENSATION
CONSULTANT shall, comply with all of the provisions
I
of the :�^r.ker's Compensation Insurance and S.x.fety Acts of the
State of California, the applicable provisions of Division 4 and
5 of the California LaborCode and all amendments thereto; and
all similar State or Fedez.a,: Acts or laws applicable; and shall
indemnify and hold harmless CITY fron and against all claims,
demands, payments; suits, actions, proceedings and judgments of
�
every nature and description, i-�cl,uding attorney's fees and; costs
presented, brought or recovered against CITY, for or on account
of any liability for failure to obtain Workers' Compensation
Insurance for eemplo%yees employed under this agreement.
SECTION 5< INSURANCE;
CONSULTANT agrees to turnish to CITY and maintain in
force until the completion, of PTtOV 'T a general liability in-
4.
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surance policy in which CITY is named as an additional insured.
The policy shall insure CITY, its officers and employees while
acting within the scrape of their duties for the acts or omis-
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=;ions of CONSULTANT in connection with PROJECT, The policy shall
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provide for not less than the following amounts: Combined single
limit bodily .injury and/or property damage of gl,000,000 per
=,,;;
,'
occurr-ence. Such policy of insurance shall specifically provide-
.
that any other insurance carried by CITY which may be applicable
shall be decned excess and CONSULTANT'S insurance primary despi'.:e
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any conflicting provisions Ir CONSULTANT'S policy to the contrary
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SECTION 7. INDEPENDENT CONTRACTOR:
It is further understood' and agreed that CONSULTANT
i.s, and shall be, acting at; all times as an independent contrac-
tor herein and not as an employee of CITY. CONSULTANT shall
sk cure at its exper se, and be responsible for any and all pay-
ment of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll de-
ductions for CONSULTANT and its officers, ag!�:nts and employees
and all b .Ysinoss licenses, if aiiy, in connection with the ser—
vices to be performed hereunder.
SECTION 8► CITY STAFF ASSISTANCE:
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CITY ,shall assign a staff coordinator to work directly
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witb CONSULTANT in connection with the work of this agreement.
SECTION S. PROVISION POP, PAYMENT:
In consideration of the performance of the above de-
scribed engineering P>ervicesa _CITY agrees to pay CONSULTANT all
5 .r
amount based upon: the fee schedule breakdown act set forth be-
: �+
lows
u
FEE SCHEDULE BREAKDOWN
Payment for engineering services shall be as set forth
in this agreament and outlined in the Request for Proposal and
shall :be based upon the following hourly rates but shaU not
r,.^y
exceed $ 13,000..00
Principal $ 55.00 per hour
Project Engineer $ 42.00 per hcur
Designer $ 35A0 per hour
]
Draftsman $ 28.00 per hour
3-Man Survey Crew $105.00 par hour
2--Man Survey Crew
per hour
Computer $ 25.O0 per hour
SECTION 10,. EXTRA ''WORK
(a) in the event of authorization, in writing by the
City Engineer of changes from the 'work- as indicated in Exhibit
"A' or for other Written permission authorizing add t_ional Work
not contemplated herein, art.itional compensation shall be allowed
for such extra work but extra compensation shay. net exceed 10
percent of the total contract, as specified above, without approval
of Cx Y,
(o) CONSU14TANT shall submit monthly invoices which
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specify the area where work was completed and the associated time
for completion to the Ck.ty Engirjeer for approval. Work performed,
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at the request of CITY outside the limit :specified in this agree-
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ment is to be designated as "EXTRA WORK" on monthly invoices.
Work performed in connection with an authorized written change
order will be so designated. on said invoice.
" a;
SECTION 11. TEPJIINA `' TR?LiCTw
All work shall be dui. good and workmanlike manlier
by written notice
and CITY reserves the right to terminate services bereunder/at
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any time with or without cause, and whether or not project has been
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fully completed+ Any termination hereof, any s ecial. in -
by an'
structions hereunder from CITY shall be rtadet /through the City
Engineer, :and in writing, which may be delivered in pernoi to
CONSULTMITT or mailed, through the normal course of mail to its
now -established business address. `xn the event this agreement;
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is cancelled, all drawings, designs, specifications and appur•-
teri5nt data may 4Je used by CITY without additional ^ost to CITY.
$houl.d CiTvv decide to te%:min-"•te this agreement for any mason,
CONSULTANT -shall be entitled to tayment, on an hourly basis zr
accordance with the rate sche6ul.e herein, for work completed
prior to uritten notification,
SECTION 12 SUBCONTRACTORS:
This a9reemvnt is a personal service contract and the
sopervisory work hereunder shall not be delegated to any person
or entity w1 thout the 1or'4sent of CIT)? .
SECTWN 13. ADDITION"AL PROVISIONS
7.
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CONSULTANT agrees that no rei,ular cipl.oyee of CITY
shall be employed- by its firm during the time that this agree—
ment if in effect.
IN STITNESS WHEREOF, the parties hereto have caused this �
z agreement to be executed by and through their authorized
officers the day, month and year first abo•ve v ritten. ��� ��.•
CONSULTANT , HALL & FOREMAN, Inc.,
a California Corporation
1R. �V.
..
CITY OF HUTa INGT, ON REACH, ,a
municipal: corporatiot
L.syo
p +SST: APPROVED AS TO FORM:
C;y Clerk Cxty Attorney
REVI ILI3 AND ALsPROiTi: INTED NSA PPROVED.-
xt}► A. minis r tb D ecxtor of dub c. iqdr�
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City of Huntington Beach
P.O. BOX 190 6ALIFORNIA 92648
nNGINEERING DEPA*RTMENT
July 6, 1979
Request for Proposals for Professional
Servi-,es; Ilarner Avenue Relief Sewer -
Phase II; CC 1.71
Gentlemen:
The City of Huntington Beach is accepting proposals for the
furnishing of professional engineering services r,,,quir�d to '-Ward
a contract fax the construction of a saxiitary trunk sower to be
located in Warner Avenue, Balsa ChicaL Street and Los Patoq Avenue
as shown on the attached map. Your firm is invited to submit a
proposal.
The purpose of this sewer is to relieve t4c existinq tr'lAxik
.-.,ewcr 2'L4 W&L ex Avenue between Aigonquin Street and Graham street.
Many new develop-ments under construction South of Warner Avenue
have been conditioned in that Occupancy will not be allo,,,red until
the relief sewer is operational. Additionally, considerable vacant
land exists within the service area of the exis-ting sewer and de-
velopment is expected in the near future The ciDnstru&tion of the
ralief sewer, therefore, must be underway as noon as possible.
The selection of a consultant for this project will be based
on the followings
I Familiarity and pr or experience with t! is type of project.
2. Ability of the consultant to complete the required %,ork aid
have all necessary coptmct documents complefr:d so the projet;t
can be advertised for bids box Feb-uary 4, 1980.
The scope of the work to be performed -bv the consultant will
t b is now. to be limited to the foilo7winq:
1. AS the proposed sewerwill eventually be purchased by County
5anitation District Vo. 11 (-"SD No. 31), the consultant will
WITBIT "A"
Bequest for Proposals
July 6, 1979
Page 3
' 1.
6. Fuxtni shinq construction surveying.
is
Tn your proposal for this project, please include the15,
fol lowizig :
1. A l is'- of similar projects which you have p-reviously com-
p) ete6, givi)ie, ovation, cost and agency,..
21 A propoaed schedule for implementation and completion of
the project.
x
^y.
3. A List of personnel who would be assigned to the project with
a brief resume of each includiriq recent projects they have
been associated with and in what capacity. Indicate Vio would
be the Project Engineer.
4. Any suggestions to help expedite: the project or :special concerns
that the City should be made aware of.
The City's standard furr:. agreement for professional services is
attached to ,inform you of insurance and other miscallaneous require-
men is
Although competitive 'bidding will not be used as a basis for
awarding this professional services agreement, please include :our
fee in the proposal.,. Express the fee in a schedule showing your
i
hourly rates with a fired maximum amount, for the project.
Following receipt and review of all proposals submitted, the
consultants thought to be most quvl.ixied may be interviewed prior
to final seia4tion.
if you are interested in submitting a proposal for these ser-
vices, it ;should be subs ittea t+2 she City's Purchasing office by
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Auqust 6, 1979. Identify the proposal wit►z the notation "Warner
Avenue Relief Sewer - Rhase Il" on the envelope.
Should ,you require additional information, contact Mr E .11
Patapoff of the Department, of Public Works at (714)526-5431.
very truly yours,
y
fi
Roy How
Purchasing officer
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need to coordinate the design and alignment of the sewer
With both the City and CSO too. 11.
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2.
A review of the existing tributary a-t:ea and trunk. sewer's
:rapacity, using the City's current sewar master plan study.
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3.
A study to determine the proposed relief sewer's necessary
ti4l«
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capacity u:,zng the Current design criterias of the �2ity and
CSD No, 11.
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4,
All, necessary surveying for design and prnnaration of plans..
The City will orovide the s=irveying necessary for con%truc,
tion after the construction contract is awarded.,`
5.
A review of the various alternative design possibilities in-
cluding costs for each.
>' 6.
Preparation of all necessary calculations for review and
approval; by the City and CSO No. 11.
7..
Preparation of all plans, specifications, cost estimates and
other contract documents necessary to advertise the project
for formal sealed bids in accordance with the City's normal
procedLLes. A11 drawings shall be on CSD furnished linens
with staneard CSD title block. Specification- shall b�-_ based
on t Ae Standard Specifications of CSD No. 11 and the: City's
General Requirements.
S.
Provide needed wail. borings.
9.
Coordinate all necessary utility notifications and relocations.
los
Coordinate or obtai:t as necessary any permits or casements
required, including Coastal. Commission.
The City will, be responsibilc for the following
to
Providi.nq all wailable exi-sting information, such as tLus,-
benchmarks,- existing :i.mprpv#; Seat plans, etc.
2.
Process ET1v.' r,,, nIilpntal dCTCUTidents
3.
Prihti<rlg oi" contract documents for bidding.
4s
Adverti,sinj for bids ane- :rardinq of the construction contract.
ConstriA,cti;?n contract adT13iristratdon.
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Return ars-1 inal and throw copies of , dru n:
completed certificate to� g
CERTIFICATE OF INSU �3 E After by
Original -- Originating Dept.
vai Yellow - nnsk Manager
it
Huntington Beath
Y TO
wk
rnoY Go+d r itYC1 to naY i
Deof
Dept._
CITY OF fiUNTihVGTQN E AGtt IFOR t 1R
V.O Ili I rG ,S
P. &
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7{
tATIN
Huntinqtor Beech, California 92648 A MUNICiPAL CORPO TIOtJ
is d isdribed b �qxe been iss a e
"Bred by Yhu under-
This to certify that the policies of insurance as W
signed and are in force at this time, if these policies are cancelled or changed i c a it of
c"his e A�{fi t , t
insurance company a-t—i to give 30 days prior written notice, by mail, to City o ach, P,
Box 19 fitunt
Otach, California 92 ,
Name of Insured HALL & FOREMAid, INC.. Cii�rirnia Como
ADO
Address of.fnsured2530 North l a^.sty �1 Sfi _ r �a114 a Ana . f'a? '
Warner, So:lsa Chica, Los 'Paton
Sewer
Location of Work or Qperations to be performed- ALL OPERATIONS OF °l H 7NSR5..n
Description of VVwk or Operations S�7T RNPTNERR Design of Warner Ave. Relief Sewer
Phase II
POLICIES IN FORCE
PiDLICY
OF LIABILITY
EFFECTIVE
EXPIRATION
A, Workers Compansaticin (1)DRUB285A3,10
Statutory
Entplovers' Liability
twhare appficablel
3/23/79
�3r,23� 30
_
B. Pubihc'L ability
` 7-1,000,000combined single
Bodily Injury.
limit per occurrence.
Pf-anufacturersand (1) (55
): 288A3.
9
Contractors D
3/25/7
3/25/8
$1, 000, 000Each Person
Comprehensive (2) G
33249/
Oenerr,l
4/25/7
4/25/8
SLIA 000 , QEach Accident
lincluding products completed
operations}`
Property Damage
S , 0Qn . QQL*ach Accident
C. Automobile Liability; ^
(where tpOk able)
Bodily Injury (1)
50 2 88
371
$ J_,QDa . OO fllEach Pert•wt
3/25/7
3/25/8G
14 00ID r 000Eath Accident
Property Damage (2)
C3 3"L 4 9
I
$e Q {,, 0 f1QEac#r Accident
Does policy cover; „ — -.Q . . _ -, ,
Ail owned automobiles l X) Yes ( ) No
E Non -owned autornobiles { X) Yas I I No
f Hired aautotnobilas S X) Yes ( ) No
1418st anal baz must be checked YES i4 automobile Insairance applies
U. Additional Insured Endorsements
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups,
committees, comma3ions, boards and any, other City Council appointed body, and/or elective and appointive :officers,
servants or amp,oyces of the City of Huntington .Beach, when acting as such era additional insureds hereunder, fo the
acts of the insured, and such, Insurance shatt be primary to any insurance of the. City of -Huntington Beach.
• J
B, Hold Harmless Agreement, By Insured. �.
ISignas,aal M
The "snsured acrees to protect, defend, Indemnify and save itarmless the City of Huntington''Beach against 109.1, damage or
fxpiti se by reason of ,any suits, claims, demaodt, judgments and causes of action caused by insured, his employees, agents
or any subcontractor or by any third party arfsino out of at in consequence of the performance of all or any operations
covered by the certificate of insurance.
f= ,
F Hot withsiaridit vny rerquteett>ant, farm. rtt conduign of ai,Y caneraet wr athrrdocu• APNR04iEf11 AS tl� PORIf:
ROM with'tt+viect to which that certificate or verification 04 insurance maybe issued ;., GAi L tiiJTTO(d '
re&tr partan� the Insurance oftorded by the polities describcd herein is sulzioct. to art City tot rney
tares. ezctutions Arad: conditions df such policies,&Vdlw
ty 'City }attorney
Date f l.70 1tlTriQRPZEQ c tdT�ITiVE4f=N'rtj { AAIC!<COMPA Y
INSURANCE COAk'WiV4V By
marne x1ta era ins
Sigatstttt'a o utfw azar6 oprsscntatiaelA�actt
Asldrtrss .{�. 3Ca�: 3 `62 Address 1 2.54 . Sar,t a Aniifi._c.r3l.927 1
Coy :. Telephone .(71,41 z47 4153
REQUEST FOR CITY COUNCIL A �
Submitted l,y Michael Zambory nepartment Public Works
Date Prepared August 8, 1 � Backup Material Attached yes: No
Sub;ect Burner Avenue Relief Sewer, Phase ZS, CC-471 ;
City Adrn,nistrat&r`s Commentit :
APPROVED BY CITY COUNCIL
Approve as Recamtixend4d, _u .
i
ckT YrL its.
Staternent of lswe, 'Recommendation, Analysis, Funding Source, Alternative Actions.
Statement of issue.
Proposa;s were submitted to the City on August 6, 1979, for the design of
the £1�rner Avenue Belief Sewer, Phase xi.
t Reccnmendation
k Aoaept the proposal from ,Hall &: Foreman, Inc for a fee not to exceed
f, � 3,000, and authorize the execution of a professional service agreement.
At the July 2, 1979 City Council, meeting authorization was given to solicit
proposals from consulting engineers to design the Warner Avenuo Relief
Sewer, Phase_ IT. Proposals were received by the City's Purchasi.;g Officer
from the following firms
Hall 4- roreman,, Inc, S13,QOp
James X. Mokttgomery, 16,800
Consulting Engineer , Inc..
Lowry :& Associates 27,400
Berryman & Stephenson, Inc. 39,950
Keith & Associates 48,000
Our estitttata for th, engitaearixig was: $50,000, Based on a review of the
proposals, it is recommended, t tat Hall & Foreman, Inc.. be awarded, the
design 'qject-
Alterna---tvost.
,Karadditional City 'staff to design the project or postpono design and
construction until. the City, staff has, time to design the ;rxrdject,
Funding. Source;
Tice cost o he professional engineerinj' services will he financed by the
City f s Sewer lr"uxuls at#d will be reimbursed to the City by Orange County '
aanitatl n Distr t a. 11 in acoordsnca with the agreement that was
outod i,n aul.yr 1919. it is estimatea Ill -hat it will take 3 to 5 gears
441.er tha k^ loin s.trt oz for the reiH-> rseient of total design and c onstructio