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,
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Cv.I RNIA, a municipal corporation o1' the State of California,
her,ai.nafter referrer' to as CITY, and Hall & ForFrtan, Inc., a
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C&Iifornia Corporation t , CC ,-� ,= m NT
p -, einaf er referrer,. �o as ��a��;s�}„�.
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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
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practice and perform the services herein contemplated; pn.1
OONSULT NT agrees to penfornt the engineering
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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
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No official or employee of CITY has a financial interest
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in the subject matter of this agreement contemplated within the
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provisions of Califor•;i.i.a Government Code Section lOgO-1092, and
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CONSULTANT warrar'.;s that it shall perform the servire�
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herein contemplated in c.,mpliance with the California laws
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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.) ,
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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
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SECT: rN 2. DISPOSITION OF PLAP18, ESTIMATES AND OTHER DOCU-
MENTS:
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CONSULTANT agrees that all original drawings, reports, both
field and office notes, calculations, maps and other documents
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prepared pursuant to this agreement shall become the sole property
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of CITY and shall be turned over to CITY upon completion of
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PR^JECT.
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SECTIO,i 3. DISCRI1-:T13ATI0N:
CONSULTANT agrees that in the performance of the terms of
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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
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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
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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
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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
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agents or employees including negligent om.i ssions or camMi.ssions
of CITY, its <.gents at, employees, in connection with the general
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supervision or direction or the work to be perforived hereunder.
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SECTION 5. WORKERS' CCU:iPENSA'iION:
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CCNSULT.4NT shall comply with ill of the prnvi!iion s of the
Workers' Compensation Insul,ance and safety Acts of the State or
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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!
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amounts, Combined single limit bodily injury and/or property
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damage of $300IGOO n s
g per cc;curren..e, much policy of insurance
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shall.specifically provide that any other insurance carried by
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CITY which tray be applicable shall be deemea excess and CON-
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SUL'IANT1a insurance primary desp'kte a.Ty conflicting provisions
in CONSULITANT'S policy to the contrary.
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SECTION 7. INDEPENDENT CONTRACTOR:
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It is Further understood and a -read that COINGULTANT is, and
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shall be, acting at all times as an independent contractor her, a
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and not as an employee of CITY. CONSULTANT shall ,ecure at i'
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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
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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
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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:
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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
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notice at any time with or wlthout cause, and wh`ther or riot PRO—
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J :T has been fully aompleted. Any ; erminat ion r areof, and any
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special instructions nerets ry CITY shall be mole by an.i
through the City ' nSlnenr writinS, which may be :elivi::•red
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in person to CCi2�vSULTAti`,�' car malted 'through the normal c€ urze 0f
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mail to its now -established basine e addrea3. Ir the event his
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;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
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�,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.
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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 ..
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.dune 16, 1980
{
Gentlemen:
3
RE Request for Proposals for Professional Services, Balsa Chico Storm Drain Phase 11,
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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.
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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
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REQUEST FOR PROPOSALS POSAL S FOR -2.. June I "ISO
PROFESSIONAL SERVICES
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6, Provide two soil borings to a depth of five feet below the flaw tine of the proposedA
pipe.
7,. Process any required permits.
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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.
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4. Theprin;-ing of firul plans and specifications forbidding.
5. Allrequired construction surveying.;=`
6. Pre �e a"�process the project�sNe �'aiive CJeclorcifcn.
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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.
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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
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:STATE OPOWFORMA3.
COUNTY
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ftctnrr me, tine undersigned. 2 Y
State. ttersonully aopcared .� r ' " ca.�
htstry Tyultllr in and far szid
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k-own
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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
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eot�arotian therein mmed, attcl
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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
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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.
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a Califcy 'orporatiun
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Title5
t CITY OF !jU,' T GT0,l,, PF AC?11, a
F municipal corporation
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TTRAPPROVED Az, TO POR.'wl:
rk City t:4torney
f PEVIEWSD AUD APPROVED: INIr"TbrPFD A P APPRCA, 1),.
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�. Pamin sera or Dlretnor of _c ub. yc ,,or `_
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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
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(2) 20
—202484
4/25/8
4/25/8
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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$es to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or
atpensk by reason of any suits, claims, demands, judgments and causes of action caused by insured, his employees,. agents
or a.ay jubcontractar or by any third parity arising out of or in consequence of the performance of all or any operations
cos.:ked by the certifimte of insurance
F, Remarks: APPROVED AS TO FORM
GAIL HUTTON
--�— �-� ^-- City Att y
By..
Deputy City Attorney
ilata,� 7ZII /A() fAl7il�tORIZE SENTAT' RANCE COMPANY
jNWAANCEMMPANY
By
ftiaisi (1.)' TRAVELERS, INSURANCE CO Signature of Auiiwrirad Ropr*Wt404vJA4*nt
3Addr#� , r P.O.BOX, 1.1� 2 .. _ Address, P, Oi BOX1. 54, S.ANTA tAt CA92--
City, £ ��13 , CA' 92688 T�I nane .( A) . 547- 4153
COPMTOCK,IIJS� CO,
Los A��o 5, CA
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REQUEST F CITY COUNCIL ACTION�Dv$
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Submittcd by Paul E. Cook \, Department _Public Works
Late Prepared July lQ, , , 9 80 Backup Material Attached � Yat
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Subject Bo-sa Chica Storm Drain, Phase 11; CC-489
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City Administrator's Comments
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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/
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