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Home My WebLink AboutHALL & FOREMAN, INC. - 1993-02-15,. Su ff ityContracts Checklist for Submittal to City Clerk's Office (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: Hall & Foreman 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington take —Huntington Central Park Engineering & Survey Services 3. Expiration Date: If no expiration date. please put a tentative expiration date so the City Clerk's office can Inquire of your department if the file is ready to inactivate 2115/94 4. Amount of Contract: not to exceed $10,000.00 A. is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewallamendmenUetc)? O YES ✓ NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested —pursuant to HBMC 3.03.100? ❑ YES ✓ NIA OR Is the attached contract a SOLE SOURCE? ✓YES Ct NIA C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? a YES PLEASE INCLUDE: Laura Nelson x5542 NametExtension Economic Development Department 7/12/02 Dote r's CITY CLERK'S OFFICE USE ONLY: Cat o Data Ent 5 A 1 Alpha Numeric ID 7 '600.1 C `500.30 Pendina .�` ,ram �/✓ RECORDS DN: Check City Clerk's_ Database for Existing File. O DONE g:iformstcity clerk contract checklist.doc a�Office of the CI U= ID ^Ref Catgry. Entered Status Document Expires Box Checked Out 48941� 42fl.6fl 12/31/1994 Microfilmed 1=�� A q Tracts #12066 Por of TT 11955 Hunt, Beach Redevelopment Agency Location: SIs Talbert Ave, Approx 600 ft W/o Beach Blvd 1984-1994 (Notice of Completion 8130/84) 1 0 ----__�_�__—�__� �_�__.____..`.__ _._�______ J-Printout Filter: CopyrIghi O 2002 City of Huntington Beach, C Close City,of Huntin to' each Record9 Manageme Office of the City Clerk f Summary ID Ref Catgry. Entered Status Document Expires Box Checked Out 4896 420.60 12/31/1994 Microfilmed 774 =1 Tracts #12063 Por of TT 11955 Huntington Beach Redevelopment Agency location: S/s Talbert Ave, Approx 600 ft W/of Beach Blvd - 1984-1994 (Notice of Completion I t ; 8/30184) Printout Filter; �� Close EmEEL� _ - PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND HALL & FOREMAN, INC. FOR ENGINEERING AND SURVEY SERVICES Table of Contents SECTION PAGE 1. WORK STATEMENT . . . . . . . . . . . : . . 1 2. AGENCY STAFF ASSISTANCE . . . . . . . . . . 2 3. TIME OF PERFORMANCE . . . . . . . . . . . . . . . . 2 4. COMPENSATION . . . . . . . . . . . . . . . . . . . . . 2 5. EXTRA WORK . . . . . . . . . . . . . . . . . . . . . . 3 6. METHOD OF PAYMENT 3 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 5 8. INDEMNIFICATION AND HOLD HARMLESS . . . . . . . . . . 5 9. WORKERS' COMPENSATION . . . . . . . . . . . . . . . . 5 10. INSURANCE . . . . . . . . . . . . . . . . . . . . . . 6 11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS . . . . . . . . . . . . . . . . . . . . . 7 12. INDEPENDENT CONTRACTOR . . . . . . . . . . . . . 8 13. TERMINATION OF AGREEMENT . . . ... . . . 0 8 14. ASSIGNriENT AND SUBCONTRACTING . . . . . . . . . . . . 8 15. COPYRIGHTS/PATENTS . . . . . . . . . . . . . . . . . . 8 16. CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . . . 8 17. NOTICES . . . . . . . . . . . . . . . . . 9 18. IMMIGRATION . . . . . . . . . . . . . . . . . . . . . 9 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED . . . . . . . 9 20. ENTIRETY . . . . . . 9 . . 9 . . . . . . . . . 10 PROFESSIONAL SERVICES CONTRACT BETWEEN • THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND HALL & FOREMAN, INC. FOR ENGINEERING AND SURVEY SERVICES THIS AGREEMENT, made and entered into this 157 day of fe-12YLAftr1_ 19 by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, hereinafter referred to as "AGENCY," and HALL & FOREMAN, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, AGENCY desires to engage the services of an engineering firm to provide engineering and survey services for Tracts 12060 and 12063 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 CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by AGENCY and CONTRACTOR as follows: CONTRACTOR shall provide all services as described in the CONTRACTORS Scope of Services, dated November 6, 1992, (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." CONTRACTOR hereby designates Richard R. Doolittle, who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. 1/5/93:sg -I- AGENCY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TIME QF PEREQRMANCE Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed as soon as possible from the date of this Agreement. These times may be extended with the written permission of the AGENCY. The time for performance of the tasks identified in Exhibit "A" are generally to be as 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 AGENCY and CONTRACTOR. In consideration of the performance of the services described herein, AGENCY agrees to pay CONTRACTOR a fee not to exceed Ten Thousand and no/100 Dollars ($10,000.00). CONTRACTOR'S services shall be billed at the following rates: OFFICE: Principal Project Director/Sr. Project Manager Project Manager Project Engineer/Project Surveyor CARD Designer Designer CADD Drafter/Drafter Engineering Aide/Administration SURVEY Manager 3-Man Survey Party 2-Man Survey Party 1/5/93:sg -2- $125.00/Hour $ 98.00/Hour $ 86.00/Hour $ 80.00/Hour $ 90.00/Hour $ 65.00/Hour $ 55.00/Hour $ 35.00/Hour $ 86.00/Hour $180.00/Hour $140.00/Hour 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONTRACTOR will undertake such work after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. METHOD OF PAYMENT A. CONTRACTOR shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit A". B. Delivery of work product: A copy of every technical memo and report prepared by CONTRACTOR shall be submitted to the AGENCY to demonstratV progress toward completion of tasks. In the event AGENCY rejects or has comments on any such product, AGENCY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by AGENCY shall be deemed accepted. C. The CONTRACTOR shall submit to the AGENCY 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 CONTRACTOR'S firm that the work has been performed in accordance with the provisions of this Agreement; and 1/5/93:sg -3- 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if AGENCY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, AGENCY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days' of receipt of the invoice by AGENCY. Such approval shall not be unreasonably withheld. If the AGENCY does not approve an invoice, AGENCY shall notify CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONTRACTOR 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 the AGENCY shall be invoiced separately to the AGENCY. 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 AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY 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. 1/5/93:sg -4- 1d CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to AGENCY 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 AGENCY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the AGENCY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. B. INDEMNIFICATION -AND -HOLD HARMLESS CONTRACTOR hereby agrees to indemnify, defend, and hold and save harmless AGENCY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this agreement by CONTRACTOR, its officers or employees. CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor 92de and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless AGENCY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against AGENCY, for or on account of any 1/5/93:sg -5- 0 / liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall obtain and furnish evidence to AGENCY of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. ;INSURANCE In addition to the workers' compensation insurance and CONTRACTOR'S covenant to indemnify AGENCY, CONTRACTOR shall obtain and furnish to AGENCY the following insurance policies covering the PROJECT: A. General 13abi_1ity_Insugpnce. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONTRACTOR, 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 products/completed 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 AGENCY, 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 1/5/93:sg -6- 0 �Vf excess coverage and that CONTRACTOR'S insurance shall be primary. • • •Mr. M. 6170 9 11-11.1 CONTRACTOR shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR'S professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. 11. CERTIEIC_ATES OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONTRACTOR under this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 1/5/93:sg -7IL - M 12. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments 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 services to be performed hereunder. 13. TERMINATION _OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing through the Director of Economic Development, notice of which shall be delivered to CONTRACTOR as provided herein. This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of AGENCY. 15. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. AQENCY EMPLOYEES AND OFFI IALS CONTRACTOR shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this 1/5/93:sg -8- rd Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California_Gover]ment Code. 17. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to CITY'S Director of Economic Development, 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 Services, addressed as follows: TO AGENCY: TO CONTRACTOR: Ms. Barbara A. Kaiser Richard R. Doolittle Director of Economic Development Hall & Foreman, Inc. Redevelopment Agency of the 13821 Newport Avenue, #200 City of Huntington Beach Tustin, CA 92680-7803 2000 Main Street Huntington Beach, CA 92648 18. 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 the United States Code regarding employment verification. CONTRACTOR and AGENCY agree that AGENCY 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 1/5/93:sg -9- e pursuant to Huntington Beach City Charter S 309, the City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 20. 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 officers the day, month and year first above written. CONTRACTOR: HALL & FOREMAN, INC. a California corporation rg& D. Sham�eck sident_ ch`drd'r. D71,1 itt cretary APPROVED AS ITD-FORM : Agency Counsel �- n '.4-' t-11-q3 1/5/93:sg REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic Executive D- tector INITIATED AND APPROVED: cL -i<"� Director of Economic Development -10Vq - EXHIBIT "A" SCOPE OF SERVICES (Note: The numbers in parenthesis, e.g., (070) refer to Hall & Foreman, Inc.4s internal service codes.) 1. Update Tract Map Nos. 12060 and 12063 (062) based on the approved Tentative Map for and the tract map originals previously prepared by Consultant. 2. Provide Public Agency Coordination (004) and processing of plans. This Agreement is based on a maximum of 8 man-hours of coordination and processing. 3. Attend Client/Consultant Meetings (001), as requested. This Agreement is based on a maximum of 4 man-hours of meetings, including preparation time. 4. Final Monumentation (115): Set all monuments and centerline control points shown as being set on the recorded map. 5. Centerline Ties/Notes (104): Set centerline ties and provide notes, as required by the governing agency. 6. Note: This fee contains a $2,640 OCEMA plan checking fee. Exhibit "A" to Agreement between Redevelopment Agency and Hall & Foreman, Inc. Page 1 of 1 1/19/93:sg HALL & FOREMAN, INC. Date: March 10, 1993 13821 Newport Avenue, #200 Tustin, CA 92680 (714)544-3404 ADDITIONAL SERVICES To: City of Huntington Beach Project Code: 4397-001 2000 Main Street Huntington Beach, CA 92648 Attn: Carol Runzel Tract #: 12063 Upon your written authorization (below), Hall & Foreman, Inc. will provide the following specified "Additional Services": Revise the boundary to reflect the recording and verify the monumentation of the adjacent map to the east (Tract 11560). Client agrees to compensate Hall & Foreman, Inc. for the above services, on an hourly basis as provided for in the Agreement a maximum not -to -exceed fee of $700.00. The above services will be invoiced separately, referenced by Hall & Foreman, Inc.'s Job Number 4397-001 the signifying mark being the 3-digit -001 sub -code. The original contract terms are made a part hereof. CONSULTANT: By: George D. Shambeck, P.L.S. Title: President AUTHORIZATION: The above specified Additional Services and related Fee are satisfactory and hereby accepted and authorized. CLIENT. ' I L F� -kMF 10 Distribution: Project Director, Project Manager, Financial File, Project File rM ELL A ,