Loading...
HomeMy WebLinkAboutHALL & FOREMAN, INC - 1980-07-21h. G R E E 11 E N T THIS AGREEMENT, „jade and entered into this �i�_ da;� of iAft 19jj, by and t3etween he CITY i77r' uiJ;I"11ltvG`t'Cf1 S : CFI, "N.4- Cv.I RNIA, a municipal corporation o1' the State of California, her,ai.nafter referrer' to as CITY, and Hall & ForFrtan, Inc., a s fir, z C&Iifornia Corporation t , CC ,-� ,= m NT p -, einaf er referrer,. �o as ��a��;s�}„�. . RhCII'ALS The City Council of CITY -: authorizes to enp,a,e tnp set- vices of a profession4l engineer for the performance of necessary engineering services for and on behalf of CiTlr, and It is neeessary and desirable that rarofessiona en,-,itne�!r, r services be performed for CITY as more specifically described in Vie Requeqt for Proposal far Bolsa Chic;a. St -)rm Drain, Phase II heceinafter referred t,. as PROJECT. Said proposal is attached hereto, markeki Exhiblt "A':, an-1 by t'`ti s reference incorporated herein and made a :art here�:)f. C011,8ULTANT shall have:, a high do r, e of zpeciai zzed train- n-and experience and shall have all necte„sary licenses therefor 10 Yi practice and perform the services herein contemplated; pn.1 OONSULT NT agrees to penfornt the engineering t a *y for- this PROJECT axtri CITY hereby crapl.oys CONSULTANT to per/t*orrt ser— vices (Y I�s rewired by PROJECT and CONSULTANTa1 reeG to � rrvide nos. services in accordance with recognized standards of the ongin et- it profession; and k 2 No official or employee of CITY has a financial interest .; in the subject matter of this agreement contemplated within the � provisions of Califor•;i.i.a Government Code Section lOgO-1092, and ". CONSULTANT warrar'.;s that it shall perform the servire� t ` herein contemplated in c.,mpliance with the California laws x, 41 related to minimum hours and wages (California Labor Code Section 1171, et seq.), Cc cupa ional Health and Safety (,29 (3. 39 C. 651 et se and the t•alifornii,. Labcn Code Section 6300 et seq.) , q • � 1, �M � r and fair employment practices (2,9 U.S.C. 201 et seq. , and Cali- fornia Labor Code Section 11110 et seq.) to the extent same are applicable herein;, and The parties hereto desire to set forth their rights, duties and liabilities in connection with the services to be performed tinder this PROJECT, NOW, THEREFORE, it is agreed by CITY and CtINKLTAUT as follows; SEOTION 1. GENERAL DESCRIPTION CP WORK TO 15F, DOME - (a) CONSULTANT skull provide all eneineering services as described in Exhibit "All including but not, limited to surveys, irvestigati.ons, consul Kati ns and advice, a;r-I any other ni6,ew1aneous ez i;teerirl servioes required to nomplete the assignment as out- lined in Bxhlbit "Aft. {b° CONSULTANT shall, s.ttend and assist in all coordina' }rin meetings.. (c) CONSULTANT snall designate a, registered civil, engineer wbo shall represent i Y and be it,. sole contact and agent in all k Cortsult;ai✓i;�rzs olth CITY 4uriM ful.fllli;., apt of the terns of this wiY �'i�TLt�'.•,A.W ;C. SECT: rN 2. DISPOSITION OF PLAP18, ESTIMATES AND OTHER DOCU- MENTS: ; z ��.;•. CONSULTANT agrees that all original drawings, reports, both field and office notes, calculations, maps and other documents �^ prepared pursuant to this agreement shall become the sole property x L of CITY and shall be turned over to CITY upon completion of fir« f PR^JECT. _k ' e- SECTIO,i 3. DISCRI1-:T13ATI0N: CONSULTANT agrees that in the performance of the terms of x this agreep-�iit, it will not engage i.n, nor hermit its agents to .engage i.r., discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, pf:ysical handi- cap, medical condition, marital status, or sex of such persons, except as provided in Section 1420 of the Califorr=,'a Labor Code. Violation of this provision may result in the Imposition of penal- ties referred to in D"vision 2 print 7, Chapter 1 of the California Labor Code. SEOTION 4, INDEMWIFIOAT. 00 P DEFENSE, PG1JD Fi�R$iL SS COUSULTANT hereby agrees to defe d, inoemnify and hold CITY zvs officers', agents and onployees harmle�,', from and against and .A ;. and all liability, damafl� costs, losses, c1a;3ms and e.;perzEes, proximately cauzed or in connection with CONSULTANT 8 neg'_igemt or wtonl�ul, acts in ;� e performance cP this agree mnt (including b� E,iot, limited to suO liability, cast, damage, loss, Clair; or expense � i arising, rrOM the death or injury to an agent or employee of COU- ULZART, his aubeontrrkctor, or of Gib"X or davage to the property AL :a C.. of CONSULTANT, his subcontractor or CITY) , except where such liability, damages, aocts, losses, claims or expenses are caused solely by the negligent or wrongful acts of CITY or any of its � agents or employees including negligent om.i ssions or camMi.ssions of CITY, its <.gents at, employees, in connection with the general _ } t t V supervision or direction or the work to be perforived hereunder. A SECTION 5. WORKERS' CCU:iPENSA'iION: '4:;, � CCNSULT.4NT shall comply with ill of the prnvi!iion s of the Workers' Compensation Insul,ance and safety Acts of the State or r California, the applicable provisions of Division 4 any; 51 of the Ca3ifornia Labor Cote and all amendments thereuo; and all sinl-nr state or federal acts or laws applicable; anti shall indemnify and hold harmless CITY from and against ail elaima, de:xands, pay*ent.s, sits, actions, Pr eee3in{ z and jud,ments of eery nature an descr',p�ion, including att,orney's Fees and co3t,s p>r�-sented, brow;-,h.t or rel,o erea against CITE', for or on account of any liability for failure to obta§ir= Workers' Compensation Insurance for onqployecs errxpletyed 1?iidgr thi;> a reen�ti r t SECTIoN 6. 114SURANCE c coilSULTA.;.,` agrees to furnish tf C.L`:'Y, in a fox-m acce-fable to the City .Attorney, and mal,,'airy in fotco untlx the ilonpletion of PROJECT a goneral liability insurance policy in which CITY au narved as an, adbitional insured. The p*licy stall insiire 'V11Y its 6P.tj.cerxs and employees while actin, within 4he scoga of their duties for the acts or oinlasions of drONSIJL'? Tr ' in connection i..,ith R «SECT, The policy %hall provide for not le than the followln! ;g v amounts, Combined single limit bodily injury and/or property w1 damage of $300IGOO n s g per cc;curren..e, much policy of insurance *{ shall.specifically provide that any other insurance carried by z� k CITY which tray be applicable shall be deemea excess and CON- e1gg SUL'IANT1a insurance primary desp'kte a.Ty conflicting provisions in CONSULITANT'S policy to the contrary. "}s A SECTION 7. INDEPENDENT CONTRACTOR: Y It is Further understood and a -read that COINGULTANT is, and � r shall be, acting at all times as an independent contractor her, a �x and not as an employee of CITY. CONSULTANT shall ,ecure at i' 7 < expense, and ba res.ponzible for any and all: payment of income tax, social security, state disability insurance compensation;, unem ploymert compensation and of:,her payroll deductions tor and its officer;, agent;; and. employ Re; , and all bu i ners l limn es, if anY, in cunngatiOn with the services 1".0 be gazeroz>:rei here3nder. SECTION 8. CITY STAFF ASSISTANCE: CITE' shalt ass3rn a staff coordinator to work lirrcti?v :ilth CONSULTANT In cmnectlon with the work of thin a s,eenent­ ''ION 9. PRO"vk`IS1011 F(-)R PAYMENT In consideration of tn'e perfo,'onz aide of tale above de'M cribea v engineering services, CITY agrees to pay CQN T='.AsIT ar, *r.nount 4aas.ci upon cha Pee schedule breakdown, as wet forth belos PEE SCHEDULE BREAKDOWN Payment for enginee-ring services shall be aS set forth in this agreement and outlined in the Request for Proposal and shall be based upon the follow::ng hourly rates, but shall not- exceed 6,000.00 r Princi.pal. 60.00 per hour Project Engineer ; 46.00 ti per l c ur T Designer� s 38.00 per hour Draftsman ¢ 31.00 per hour y. , , 3-�.'wiar� stir�+'ey Cx`estr � y115.00 ` $ Pei, hour 2--Man Surveil Grew 94,00 00 pez, hQszr Computer $ 25.00 per hoar SECTION 10. EXTRA W'ORK: 11 ca? In the ev,inf of authorizatlon, in w zt:Lnj- by the (;i.t y gngineer, of changes from the work as indicated in Exiiibili "A" for other written perni.nsion avtborizinr ; additlonal work not con- `-p iherein, templated additional cmpewat}on shall be ALGYocf%ir t work, so long as the i.;ri�z� written. approval. Paz fil�Y i.; (b) CONSULTANT shall, *ubmi;, nonthl.,j in oiee, avhirh ;ire. the 1.1'roa where work way completed and the as,3oclated time for plcetion to the City Engil :er for apfroval. Work performed, at tI%! request Of CITY, outside tha limit sped lied in t ila aCreemntt is tc� he d'asignated as "EX, THy t1OM' on monohly lnvoi'ae,. 'r'orlk »x-r- .f`ormed In clonnectlon i,i rh av atuthori Zee i wi -ten cban�re order will he so dealan t,ed On said nvoiee; SECTIOU 11. TERMINATION CF CONTRACT: Al,l work shall be done in a good and workmanlike manner and CITY reserves the right to ter�ninate services hereunder by writ ten t notice at any time with or wlthout cause, and wh`ther or riot PRO— t J :T has been fully aompleted. Any ; erminat ion r areof, and any � 3 special instructions nerets ry CITY shall be mole by an.i through the City ' nSlnenr writinS, which may be :elivi::•red I� in person to CCi2�vSULTAti`,�' car malted 'through the normal c€ urze 0f 1�r mail to its now -established basine e addrea3. Ir the event his ` ;agreement is cancelled, all drawings, si ns, 3pee ,floatio: s and appurtenant data may he used by CITY without ad litional cast vo CITY. Should. CITY deckle to terminate this, agreer.ei, : foz any ,. reason, C034STJLTANT shall be entitled to payment; , on. an hourwy basis ir. accordance with the rate sehedule fOr 1 0-1t. ccara ryeted prior to written l)tMeation. vSE'.iCT!"ON 12: O UPCtwi .Ili "xORS .t .y .4. 1 �,hi- .agreement > s <. per ona.l servilwe S.ont1 �"5.(,t ,in:.+' C.ho .s*.Z 'ar- tirizr. Fork heruner shall riot bow rl.=?etatei any r4;n oen Yt; without the convent: of CITY. Y S SECTION .L'a, ADDITIONA!, k�4'4 VA"} Y'f CONSUVVANT agrees that no re filar emp'.oyeo o " (.a`.Y be mp".o,yed by its firm-`urinE; the 'tire: that this ak*ree tent is art effect .. t,, .dune 16, 1980 { Gentlemen: 3 RE Request for Proposals for Professional Services, Balsa Chico Storm Drain Phase 11, <c CC 489 ?` The C'ity of Huntington'.3each is accepting proposals for the furnishing of professicna[ engineering services required to design drainage facilities in Balsa Chico Street from Pearce Street to Warner .avenue as dawn on the attached reap, Yovr firm is invited to submit a proposal. x The purpose of the storm drain is to intercept the drainage flaw at "Varner Avenge and convey it north, connecting it try the existing storm drain at Pearce Street. This project wil I eliminate the need for the cross gutter a E3olso Chico Streer and Warner Avenue and also alleviate the fla)ding that presently occurs downstream of the ;,;,tersecfion. The selection of the consultant for this project will be based on the followings 1. Familiarity and prior experience with this type of project. 2. Ability of the consultant to complete the work and. have plans and specificatiars ready to advertise for bites by September 19, f 9$Q. The sz*pe of the v-.rk to be performed by the consultant will include but is not limited to "{allowing: 1, Ais v9 ired preliminary and design surveying< Construction surveying will be arranged fur by the City and will nor be a part of the work to be provide by the ca,-4 Uf tant. 4 A recommended alignment for the drmriage system explaining tba criteria used in determ'sning this cil!gnm!ant., 3. Street 'intersection design for the elimination of the cross gutter 2t BolsaChico Street and Warner Avenue, 4. Preparation of plonsx specifications and cost estimate necessary to adve-tise the project for bids, Plans shall be on C=tir furnished linens with standard City title blaclt• Specifications shall be i)sed on "Standard 'Specif!cattons for Public Works Construction" (Green Boole) and the City's Standard Special Provisions. S. Conduct call ulfillify notificationsand relocations. next page please, .. EXHIBIT A i " REQUEST FOR PROPOSALS POSAL S FOR -2.. June I "ISO PROFESSIONAL SERVICES ' } 6, Provide two soil borings to a depth of five feet below the flaw tine of the proposedA pipe. 7,. Process any required permits. r The City of Huntington Beach shall be respon5 ble for the following: I'. Providing all omtlable existing information, such as hydrology and hydraulics, ties, beer, hmarks, and adjacent improvement plans. 2. A,dvertisi rig for bids ana awarding of the construct ion contract. 3. Be responsible for inspection, control of construct i on,,and all payments to the contractor. r "" 4. Theprin;-ing of firul plans and specifications forbidding. 5. Allrequired construction surveying.;=` 6. Pre �e a"�process the project�sNe �'aiive CJeclorcifcn. .� . In your proposal for this project, please include the folfowingr I A list of similar projects w`iich you have previously completed, giving location,, cost and agency. T 2. A proposed schedule f , y implementation and completion of the project. 3r A list of personnel wrr,r would be assigned to the project with a brief resume of each, including recent projects tl'+r~y have been associated with and in what capacity: The City'sstandard form agreement for professia-,ol services is attached to inform you of insurance or -KY other miscellaneous requirements. " Alth34)h compettitik* bidding will not be used as a basis for awarding this professional services agreernen;, please include your fee in tl-: proposal. Express the fee in a schedule showingyour hourly rates with a fixed maximum amount for thr; project. Following receipt and review col" oil prapasal�s su rn tte t e caris�+pants thought to M most qualified may be interviewed prior to final selection. If you ore interested in submif ing a proposal for these services, it should be subrnittMd to the �,i0 Public Works Depart►rew by July 9, 1980. Identify the proposal with the nototion I t3olso Chico Storm Drairs, Phase 11, Attenfiorn Bill Patopoff." Should you require odd tionol informal, !an, contact Mr. BP! Pat opoff of the department of Public Works of (714) 536-5,431 Sin~�re'(y Peal E, Cook Dira,.tar of Public Works PF`C;.W '-.de . Attachments �s 27 # pF x t V CF-E fl CY — R t s'S_ i..rX � y,..J. 4„ t Z ..�� k 4Ye tY"�• a ! 1 X a A3 r''y J e - 3 � •. i i t p 3 3 1 t ✓ h;. ...w+• tr'.'...i,.L�-L^yw T'"F •mt k3d'r' L' �...~ f y..h.Y i5 � :5.,...:,er+ " � r,,r � ✓�� � � ,.tY, i,,.,""""�n , »S � x .«�. ,-. # ,. r'- � r --* � ;"" t 1 wz a k < C�6F °F PL f,1 "v c x, 4< a x f a a I Y�� 4 � n :STATE OPOWFORMA3. COUNTY z ftctnrr me, tine undersigned. 2 Y State. ttersonully aopcared .� r ' " ca.� htstry Tyultllr in and far szid ��C e�'�1f k-own a z to me a be theme Prcxidrnt, and knuxr[ to me to ix�e fG7'!/.�1"� .P.E✓�c£`eA�C'<�, y of tier rarpora:ic.n that ezcauted the ta[tlrin Tnstrumeat, known to me to be the pers[ms 'Who extenrr[l the within Tnstrutnent on tarhalf of the u i d eot�arotian therein mmed, attcl t' aC�,"nhWledj�'e[T` to Me t1S6 SUA fVrlyhration executed tilt, withitt itastrttment purfUnnr to its brdaws or a resoludwi of its hattrd ``' `�"'' - — r—' of stiircrtors. A� DfFfGtAL 'ITY yS my hax� and Fil� ���o° a�i�i �(�X official aeal. A � 1 NOTARY I" IC GAUP O"I $' c �� `yt} Y1z All"PAL Onf, J n;.nn,r_c rn[.t, 1, x IN WITNESS WHEREOF, the parties hereto have caused this w,V;ree fir{ 'i ment to be executed by and through their authorizer{ officers on the f. day, month and year first 'above written. CGNSULTfi" Zl & Foreman, Inc. w a Califcy 'orporatiun xTi x Ch , R M Title5 t CITY OF !jU,' T GT0,l,, PF AC?11, a F municipal corporation r ;.ayor TTRAPPROVED Az, TO POR.'wl: rk City t:4torney f PEVIEWSD AUD APPROVED: INIr"TbrPFD A P APPRCA, 1),. { �. Pamin sera or Dlretnor of _c ub. yc ,,or `_ m A( a Retorts original and thr" eafi)k of O�ztr�butlon complet9d cortihcate to Of'gmAl orcglmlIng Dept. —CERTIFICATE OF INSURANCE After Approval veuow Rmk Msnaaar City of Fiuniington Beach TO BY Gity Attornw Prnk - City Clerk Dept. Gold —?-wiry Attorney 4�0.sax190 CITY' OF HUNTINGTON BEACH, CALIFORNIA Iiuntiftetvat Beads, California 92548 A MUNICIPAL_ CORPORATION This 4 to certify th, the policies of insurance as described betow have been issued to the insured by the unifier- igned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, tC�_ insurance comis:ny agrees tit gl7e 30 days prior written notice, by mail, to City of Huntington F.each, P, O. Box .190, Huntington Beach, California 92648. N-Ame of Insured,.,_.: HALL & FOREMAN INC_ Address of Insured 2530 NORTH CLASSELL ST . SANTA ANA , - CA 92701 _ - - Location of insured Operations ALL OPERATIONS OF 1WSbt!V_D Des,zriptionof Operaticns StIRUY DM iRh;ft _ POU'NES Ord FORCE polo_ NuMsEn LIMITS OF LIABILITY EFFECfiIVE EXPIRATION A WoriCers f:ott+4seosatiors (I1 DX B28$A3 0 Statutory Employers' Liability 3/23/80 3/23/8 S 6; Public Liability: ' S300,000 r ;nbined single limit per occurrence, �#adi"ty,lnjury: Manufdcturers and Contractors ] (1.)55 288A3? 3/25/€3f� 3/25/'8 $1.,000,O00EacbParsot, Comprehensive General Xr (2) 20 -26248 4/25/8 4/25/8 S1 t 006 (00 Each Accident jlncluding products completed operations) Property Damage S � -' Each Accide it C. Automobile Liability: Bodily injury (1)65(288A37r 3/25/8 ?/25/8 S3.i.O .OuEachperson l , 00 $ O G OEact4 At7cident S , (2) 20 —202484 4/25/8 4/25/8 f � PropertyDarnaga S't r1(li'}>;achlaccident Was policy Lover. tPlcasa check at Isist one) Ali owneai automobiles I f ? Yes I j No . Non -owned automobiles I } Yes I ? No Hired automobiles (x ) Yes l 3 No D. Additional insurert Endorsement: The insurer agrees that the City of Huntington 8aach and its City Council, and/or all City Council appointed groups, ! committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers. servants or employres of the City of Huntington Beach, when acting as swap are additional insureds hereunder, for the acts of the insured, and such insurance shalt b rl ry to any `n ranee of the City of u gton Nat, E. Mold Harmless Agreement: By Insured, Y �' dlo Isi surer rt T'LL;r The Insured itgr$es to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or atpensk by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees,. agents or a.ay jubcontractar or by any third parity arising out of or in consequence of the performance of all or any operations cos.:ked by the certifimte of insurance F, Remarks: APPROVED AS TO FORM GAIL HUTTON --�— �-� ^-- City Att y By.. Deputy City Attorney ilata,� 7ZII /A() fAl7il�tORIZE SENTAT' RANCE COMPANY jNWAANCEMMPANY By ftiaisi (1.)' TRAVELERS, INSURANCE CO Signature of Auiiwrirad Ropr*Wt404vJA4*nt 3Addr#� , r P.O.BOX, 1.1� 2 .. _ Address, P, Oi BOX1. 54, S.ANTA tAt CA92-- City, £ ��13 , CA' 92688 T�I nane .( A) . 547- 4153 COPMTOCK,IIJS� CO, Los A��o 5, CA Ri k'' REQUEST F CITY COUNCIL ACTION�Dv$ PW � r , Submittcd by Paul E. Cook \, Department _Public Works Late Prepared July lQ, , , 9 80 Backup Material Attached � Yat � No Subject Bo-sa Chica Storm Drain, Phase 11; CC-489 �# City Administrator's Comments ° Nr CITY ilia Ir Approve as Recommended t,. Staternwt of Issue, Recommendation, Analysis, Funding Source, Altermn ve Actions; � r Statement of Issue: Proposals were submitted to the 7-ity on July 9, 1980 for the design of the extension of the Bolsa Chica storm drain. Recommended Actions Accept the proposal from hall & Foreman, Inc.. for a fee not to exceed $6,OOQ.00 and authorize the execution of a professional service agree men t<; Analysis Ire recent years, because of the development of the area south of Warner Avenue and west of Bolsa Chica, Street, the runoff heading easterly can warner :Avenue has greatly increased, causing flooding of the general area of Graham Street and tq'arner Avenue. The construction of this phase of the Bolsa Chica storm drain will intercept, the flows and convey the. runoff northerly to the existing drainage system. The following engineer- s ing firms submitted proposals I Hall &.'Foreman, Inc. $6,000 hart-ge Engineering & Const. Co. 6,760 MPA Inc, 7,t�00 Government Professional services 9,790 ETC Engineering, Inc. 13,000 Berryman & Stephenson, Inc. 16,936 Our --timate ,for the engineering was $10,000, Based on a review of the, prop . � Y s, it is recommended that 'kail � Foreman, Int:. be awarded the das qn. Project, ski` taa .Source City Dri4itage District 12 funds $6,000. �, gaz 49 ,41'A/ FCYV':f.P _-r^�'1_E=.� r"iv, l..-�-.�r ._,� } f"' #r_"........_•-.�.- ,.... �t_...��� y��, � ` e j � 1 w• �µ CF f -F S T '� y a„ { �'q �,•" [. �{ r. 2 , �.,,r ..F.y.- ...rs 1 � v r �s%a C � -� "� � � 'i y, .a" , ter k ` - }• va , t✓'., r a :.. Y yj s r � c F,y'� 3 -r'^ , E" !" ""' `t F f Yli + ;� t--1 CF. } a } 5..-rt�•w�F.Rh � y.;^ ': ( an• t .. , ... T .. ,z .y S e C- i E"r4r r j y Y p..tt.�"�,�4 1-• 4 r, w a: $ f 9 Y 2 a t r it AYr . IF-R j� t oi•roe i ?` �` v S as rt .Y x.-. r .mA f l q F —A 1 Ii�rlymv.+J�iiY'� t� Nrs';y:{# Y'= Y A �' �� 1 d t �.:.. { � r � µ•S x ��� rft , X .k" -i lsa 4 f,F#�i*+ #�»y��s� �� " �Fi � '� %xfi � s�"'v...-.�..�E ,, b i d,..r,�.w--.. A..._....,.1F��.:..."..✓ � Y r Y rION