HomeMy WebLinkAboutHALL AND FOREMAN, INC - 1979-08-200 `
A G R E E M E N T
THIS AGREEMENT, made and enterer: into this
day of GL, , 1977 by and between the CITY OF HUNTING
TON BEACH, CALIFORNIA, a municipal corporation, hereinafter
referred to as CITY, and Hall & Foreman, Inc., a California
corporation hereinafter referred to as CONSULTANT.
0
WITNESSETH:
The City Council of CITY is authorized to engage the
services of a pro-fessionalw,_ege for the performance of
necessary engineering services for and on behalf of CITY; and
It is necessary and desirable that professional
engineering services be performed for CITY as more specifically
described in the Request for Proposal for Warner Avenue Relief
Sewer, phase II , hereinafter referred
to as PROJECT. Said proposal is attached hereto, marked Exhibit
"A, and by this reference incorporated herein and made a part
hereof.
CONSULTANT shall have a high degree of specialized
training and experience and shall have all necessary licenses
therefor to practice and perform the services herein contemplated
and
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8/8/79
CONSULTANT agrees to perform the engineering
services necessary for this project; and
CITY hereby employs CONSULTANT to pe-form the follow-
ing services as required by PROJECT and CONSULTANT agrees to pro-
vide those services in accordance with recognized standards of
the engineering profession; and
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-
1092; and
CONSULTANT warrants that it shall perform the services
herein contemplated in compliance with the California laws -re-
lated to minimum hours and wages (California Labor Code Section
117.1 et seq.), Occupational Health and Safety (29 U.S.O. 651 et
seq., and the California Labor Code Section 6300 et seq.),- and
fair employment practices (29 U.S.C. 201 et seq., and California
Labor Code Section 1410 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 per-
formed under this PROJECT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as
follows
SECTION;1. GENERAL DESCRIPTION OF WORK TO BE DONE;
(a) CONSULTANT shall provide all engineering services
as described in Exhibit "A" including but not limited to surveys,
2. s
investigations, consultations and advice, preparation of detailed
design, construction plans, special provisions, estimates of
quantities and costs, and any other miscellaneous engineering
services required to complete the assignment as outlined in
Exhibit "A."
(b) CONSULTANT shall attend and assist in all coordi-
nation meetings.
(c) CONSULTANT shall designate a registered civil
engineer who shall represent it and be its sale .contact and agent
in all consultations with CITY Suring fulfillment of the terms of
this agreement.
SECTION 2. DISPOSITION OF PLANS, ESTIMATES AND OTHER
DOCUMENTS -
CONSULTANT agrees that all original drawings, reports,
both field and office notes, calculations, maps and other docu-
ments, shall be turned over to CITY i,pon completion of PROJECT.
SECTION 3. DIaCRIMINATION:
CONSULTANT agrees that in the performance of the terms
of this agreemr-t, it will not engage in, nor permit its agents
to engage in, discrimination in employment of persons because of
race, religiouscreed, color, national origin, aLcestry, physi-
cal handicap, medical condition, marital status, or sex of such
persons, except as provided in Section 1420 of the California.
Labor, Code. Violation of this provision may result in the imposi-
tion of penalties referred to in Division 2, Part 7, Chapter 1 of
the California Labor Code.
SECTION 4. INDEMNIF'ICATION,DEF'ENSE, 'HOLD HARMLESS:
CONSULTANT hereby agrees to defend, indemnify and hold
harmless
CITY, its officers, agents and employees/from and against any and
all liability, damages, costs, losses, claians and expenses, proxi-
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mately caused or in connection with CONSULTANT'S negligent or
wrongful acts in the performance of this agreement (including
but not limited to such liability, cost, damage, loss, 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
property of CONSULTANT, his subcontractor or CITY), except
where such liability, damages, costs, losses, claims or expenses
are caused solely by the negligent or wrongful acts of CITY or
any of its agents or employees including negligent omissions or
ommissions of CITY, its agents or employees, in connection with
the general supervision or direction. of the work to be performed
hereunder.
SECTION 5. WO-RKERS' COMPENSATION:
CONSULTANT shali comply with all of the provisions
of the Worker's Compensation Insurance and Safety Acts of the
State of l ifornia, the applicable provisions of Division 4 and
5 of the California tabor Codeandall amendments thereto; and
all similar State or Federal Acts or laws applicable; and shall
indemnify and hold harmless CITY from and against all claims,
demandse payments, suits, actions, proceedings and judgments of
every nature and description, including attorney's f?es and costs
presented, brought or recovered against CITY, for or on account
of any liability for failure to obtain Workers' Compensation
Insurance for employees employed under this agreement.
SECTION 6. ' INSUPANCEt
CONSULTANT agrees to furnish to CITY and maintain in
force until the completion of PROJECT a general liability in--
4.
•
surance policy in which CITY is named as an additional insured.
The policy shall insure CITY, its officers and employees while
acting within the scope of their duties for the acts or omis-
sions of CONSULT 'T in connection with PROJECT. The policy shall
provide for not less than the following amounts; Combined single
limit bodily injury and/or property damage of $1,000,000 per
occurrence. Such policy of insurance shall specifically provide
that any other insurance carried by CITY which may be applicable
shall be deemed excess and C(YNSULTANT`S insurance primary deFpite
any conflicting provisions in CONSULTANT'S policy to the contrary.
SECTION 7. INDEPENDENT CONTRACTOR:
It is further understood aadagreed that CONSULTANT
is, and shall be, acting at all times as an independent contrac-
tor herein and not as an employee of CITY. CONSULTANT shall
secure at its expense, 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, agents and employees
and all business licenses, if any, i1 connection with the ser-
vies to be performed hereunder.
SECTION 8. CITY STAFF ASSISTANCE:
CITY shall assign a staff coordinator to work directly
with CONSULTANT in connection with the work of this agreement.
SECTION 8. PROVISION FOR PAYMENT:
In consideration of the performance of the above de-
scribed engineering services, CITY agrees to pay CONSULTANT an
5.
i
amount based upon the fee schedule breakdown act set forth be-
low:
FEE SCHEDULE BREAKDOWN
Payment for engineering
services shall
be as set forth
in this agreement and outlined in
the Request
for Proposal and
shall be based upon the following
hourly rates
but shall not
exceed $ 13,000.00
Principal
$ 55.00
per hour
Project Engineer
$ 42.00
per hour
Designer
$ 35.00
per hour
Draftsman
$ 28.00
per hour
3-Man Survey Crew
$105.00
per hour
2-Man Survey Crew
$ 85.00
er hour
P
Computer $ 25.00
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 writt n permission authorizing additional work
not contemplated herein, additional compensation shall be allowed
for such extra work but Extra compensation shall not exceed 10
percent of the total contract, as specified above, without approval
of CITY.
(b) CONSULTANT shall submit mt )nthly invoices -v.,hich
6.
MOW-��mn-
specify the area where work was completed and the associated time
for completion to the City Engineer for approval. Work performed,
at the request of CITY, outside the limit specified in this agree-
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.
SECTION 11. TERMINATION OF CONTRACT:
All work shall: be done i.n'a good and workmanlike manner
by written notice
and CITY reserves the right to terminate services hereunder/at`
any time with or without cause, and whether or not project has been
fully completed. Any termination hereof, and any special in -
by and
structions hereunder from CITY shall be made /through the City
Engineer, and in writing, which may be delivered in person to
CONSULTANT or mailed through the normal course of m%il to its
now -established business address In the event this agreement
is cancelled, all drawings, designs, specifications and appur-
tenant data may be used by CITY without additional cost: to CI`tY.
Should CITY decide to terminate this agreement for any reason,
CONSULTANT shall be entitled to payment, on an hourly basis in
accordance wit the rate schedule herein, for work completed
prior to written notification.
SECTION 12. SUBCONTRACTORS;
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.
SECTION 13. ADDITIONAL PROVISIONS
7,
A
CONSULTANT agrees that no regular emdloyee of CITY
shall be employed by its firer. during the time that this agree-
ment if in effect.
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.
ATTEST
City Clerk
REVIEWED AND APPROVED:
Lty Administrator
CONSULTANT , HALL & FOREMAN, Inc. ,
a California Cor oration
CITY OF HU INGTON BEACH,• a
municipal corporation
..s r
%Y Mayo
APPROVED AS TO FORM:
14
1�e City Attorney
INI TED ND PPROVED:
r/ /� G
or 'utDQic
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C.A*ty of Huntington Beach
P,O. .BOX 190 CALIFORNIA 92r,48
ENGINEERING DEPARTMENT
July 6, 1979
Subjects Request for Proposals for Professional
Services; Warner avenue Relief Sewer -
Phase II CC-471
Gentlemen:
The City of Huntington Beach is accepting proposals for the
furnishing of professional engineering services required to award
a contract for the construction of a sanitary trunk sewer to be
located in Warner Avenue, Bolsa Chica Street and Los Patos Avenue
as shown on the attached map. Your fin -a is invited to submit a
proposal.
The purpose of this sewer is to relieve the existin:, trunk
:ewer iJ, Wazner Avenue between. Algonquin Street and Graham Street.
Many new developments under construction south of Warner Avenue
have been conditioned in that occupancy will not be alloE•red until
the relief sewer is operational. Additionally, considerable vacant
land exists within the service area of the existing sewer and de-
velopment is expected in the near future The con Jtructinn of the
relief sever, therefore, must be underway as soon as possible
The selection of a consultant for this project will be based
on the following:
1. Familiarity and prior experience with this type of project.
2. Ability of the. consultant to complete the required work and
have all necessary contract documents completed so the project
can be advertised for bids by February 4, 1980.
The scope of the work to be performed by the consultant will
included but is not to be limited to the following:
1. As the proposel sewer will eventually be purchased by County
Sanitation District yo.'11 (CSB No. 11), the consultant will
EXHIBIT "A�"
i�ec pest for Proposals
}
July 6, 1979
Page 3
' 6. furnishing construction surveying.
s In your proposal for this project, please include the
following:
1. A list of similar projects which you have previously com-
pleted, giving location, cost and agency.
Z. A proposed schedule for implementation and completion of
the project.
3. A list of personnel who would be _assigned to the project with
a brief resume of each including recent projects they have
been associated with and in what capacity. Indicate who 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 form agreement for professional services is
attached to inform you of insurance and otrher miscellaneous require-
ments.
Although competitive bidding will not be used as a basis for
awarding this professional services agreement, please include your
fee in the proposal. Express the fee in a schedule showing your
ho-arly rates with a fixed maximum amount for the project.
Following receipt and review of all proposals submitted, the
consultants thought to be most qualified may be interviewed prior
to final selection:
If you are interested in submitting a proposal for these ser-
vices, it should be submitted to the City's Purchasing office by
August b, 1979.. identify the proposal with the notation "Warner
_Avenue Relief Sewer - Phase II on the envelc e .
d ��ou wire additional information, contact Mr trill
Path � rtment of Public Works at (714) 536-5431.
Very truly yours,
3 Roy How
Purchasing Officer
RW:WAP:1w
1'
!2equest for Proposals
July 6, 1979
Page 2
2.
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need to coordinate the design and alignment of the sewer
with both the City and CSD No. 11.
A review of the existing tributary area and trunk sewer's
capacity using the City's current sewer master plan study.
3. A study, to deterTdine the proposed relief sewer's necessary
capacity using the current design criterias of the City and
CSD No. 11.
4. All necessary surveying for design and preparation of plans.
The City will provide the surveying necessary for construc-
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
approcTal by: the City and CSD No. 11.
7. Preparation of all plans, specifications, cost estimat---s and
other contract documents necessary to advertise the project
for formal sealed bids in accordance with the City's normal
procedures. All drawings shall be on CSD furnished linens
with standard CSD title block. Specifications shall be bused
on the Standard Specifications of CSD No. 1.1 and the City's
General Requirements.
8. Provide needed soil borings
9. Coordinate all necessary utility notifications and relocations..
10. Coordinate or obtain as necessary any permits or easements
required, including Coastal Commiss?.on.
The City will be res;ponsibile for the following:
1. Providing all available existing information, such as ties,
benchmarks, existing improvement plans_, etc.
?_;. Process environmental documents.
3 Printing of contract documents for bidding.
4. Advertising for bids and awarding of the construction contract.
5; Construction contract administration.
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Return original and three copies of
completed certificate to;
City of Huntington Beach
Drat.
P. O. Box 190
Huntington Beach, California 92648
L`_A
CERTIFICATE OF INSU
TO
CITY OF HUNTINGTON BEACH!
A MUNICIPAL CORPORI
(BLIFOI�$ tO,19
LTION S
This is to certify that the policies of insurance as described A
signed and are in force at this time. If these policies are cancelled or changed irk
insurance company agrees to give 30 days prior written notice, by mail, to City
Beach, California 92648.
Name of
Address of Insured
HALL
FOREMAN, INC.
been
1A
n. Original — originating Dept.
p .aI Yellow — Risk Manager
rney Pink — City Clerk
Gvld — C' _ tto�rney
ioxla,
'ated by .he under-
11 aQh)sfi t t%= i P.0 gto
Warner, Bolsa Chica, Los Patos Sewer
Lor:ation of Work or Operations to be performed ALL OPERATIONS OF THE INS 7R .D
Description of Work or Operations SURVEY ENGiNEER Design of Warner Ave. Relief Sewer
Phase II
POLICIES IN FORCE.
POLICY NUMBERLIMITS
OF LIABILITY
EXPIRATION
A. Workers Comp: insation (1)DKIJB285A3,10
A-
Statutory
Ernplovers' Liability
Iwtrereapplicable)
3/23/79
3/23/80
B. Public Liability:
$1,000,000 combined single
Bodily Injury:
limit per occurrence.
Manufacturers and (3-) 65
. 288:A3
Contra'z-tors
3/25/7
3/25/8
( 51, 000, 000Each Person
Comprehensive (2) G
332,49/
General �;]
4/25/7
4/25/8
S 1, 0Q'Q 000Each Accident
(including products_ completed
operations)
Property Damage
$ ]� . '0 Of) . 0 0 OFach Accident
C. Automobile Liability:
(where applicable)
Bodily Injury (1)
550 288
379
$ 1 0QiQ . 00Mach Person
3/25f 7
3/25/8
$1, 0H 000Each Accident
Property Da,nage (2)
G33249
1
$1_.,Of)11_�n Each Accident
Does policy cover: triease cnecK at Least onei
All owned automobiles d X) Yes { ) No
Non -owned automobiles ( X) Yes d ') No
Hired autGmebiles ( X) Yes i ) No
At least onebox must be checked YES if automobile insurance applies
D. Additional lnrured Endorsement:
The insurer agrees teat the City of Huntington Beach 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 employees of the City of Huntington Beach, when ac.. r i as such are additional insured- herfunder, for the
acts of the insured, and such insurance shall be primary to any insLsraw*n of the City of Huntington Beach.
E_ Hold Harmless Agreement: By insured:
(Signature)
The insured agrees to protect, defend, indemnify and save harmless the City of Huntingtin 'Beach against loss, oamage or
expense by reason of any suits, claims, demands, judgments and causes of actin t caused by insured, his employees, agents
it any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations
covered by the certificate of insurance.
F_ Not vAthstandirr� an APPROVED AS TO FORM:
' any,requirement, term, or condition of :any contract or docu- Trent witii e,speet. to which this certificate or verification of insurance may be issued GAf L HUTTON
may pertain. the insurance afford-;, by the policies described herein is subiect to all City tt0 ney
terms, exclusions and conditions of such policies
8 d
City Attorney
Date _ 91113,179 4UTHORIZED Y!` idTA1'IV_,E . ANCE COMPANY
INSURANCE COMPANY; By
j(dame (1) Travelers ers Ins. Co. 5�ssatuam o necs Ffepreseri4ative/tu�m
l P.O. Box 1162
Address _ Address P.O. Box ? 254 jan_e An Cj 1,9270
r O IS
City -Telephone (71.4.) 547 4153
(2) Fremont Indemnity Co
P.O Box 549;
Orange, ' Ca11f . 92666
� � Y City of 1. antington Beach
P.O. Box 190 CALIFORNIA 92M
OFFICE OF THE CITE' CLERK
September 18, 1979.
Hall & Foreman, Inc.
2530 North G1_assell Street
Santa Ana, CA. 92701
Gentlemen:
The City Council of the City of Huntington Beach at their meeting held
August 20, 1979, approved an agreement with your firm for engineering
services.
We are enclosing a copy of said agreement foryour files.
Sincerely,
Alicia M. Wentworth
City Clerk
,44W;bt
Enclosures
REQUEST FOR CITY COUNCIL ACTION
Submitted by Michael Za.mbory Department Public works
Date Prepared August 8,
1„ 9 Backup (Material Attached Er ] Yost No
Subiect Warner Avenue, Relief Sewer, Phase II, CC-471
Approve as Recommended.
City Administrator's Comments
APPROVED BY CITY COUNCIL
- .CITY CLRiZx
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative ,fictions:
Statement of Issue: e
Proposals were submitted to the City on August 6, 1979, for the design of,
the Varner Avenue Relief Sewer, Phase II.
Recommendation:
Accept the proposal from Hall & Foreman., Inc. for a fee not to exceed
$13,000 and authorize the execution of a professional service_ agreement`.
Analysis:
At the July 2, 1979 City Council meeting authorization was given to solicit
proposals from consulting engineers to design the Warner Avenue Relief
Sewer, Phase II. Proposals were received by the City's Purchasing Officer
from the following firms:
Hall & Foreman, Inc.$131000
James M. Montgomery, 16,800
Consulting Engineers, Inc_.
R.M.A. 21,274
Lowry & Associates 27,400
Berryman & Stephenson, Inc. 39,950
Keith & Associates 48,000
Our estimate for the engineering was $50,000. Based on a review of the
proposals, it is recommended that Hall & Foreman, Inc. be awarded the
design project.
Alternatives
Hire additional City .staff to design the project or postpone design and
construction until the City staff has time to design the project.
Funding Source
TAe cost of the professional engineering, services will be financed by the
City's Sewer Funds and will be reimbursed to the City by Orange County
Sanitation District No. 11 in accordance with the agreement that was,
executed in July, 1979. It is estimated that it will take 3 to 5 years.
after the sewer n-ain construction for the reimbursenent of total design and constructio
M.
— $�