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HomeMy WebLinkAboutHERMAN KIMMEL & ASSOCIATES - 1984-02-06CONSULTANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HERMAN KIMMELK AND ASSOCIATES FOR SIGNAL MODIFICATIONS log,�.. � 4(/ ' THIS AGREEMENT, made and entered into this 6 ) day of F,��;gff,4—, 19;3�(3 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation cF the State of California, hereinafter referred to as "CITY" and HERMAN KIMMEL AND ASSOCIATES, 3300 I: vine Avenue, Suite 180, Newport Beach, CA :-9:-60, a California corporrition, hereinafter referred to as "CONSULTANT." WHEREAS, the CITY OF HUNTINGTON BEACH desires to engage the servi,.s of an engineering consultant for the designing of traffic signal modifications at the intersection of Warner and Edwards in the City of Huntington Beach, and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all engineering services as described in the document entitled City of Huntington Beach - Deo�artmenr of Public Works - March, 1983 - Request for Proposal - Inst,uctions to Participants (hereinafter referred to as Exhibit "A") which is incorporated into this agreement by this reference. Said engineering services 0,--reinafter referred to as "PROJECT") shall include, but not be limited to surveys, investigations, consultations and advice. All work to be performed under this agreement shall be conducted in accordance with practices set forth in the "Standard Specification" and tha Standard Plans" of the State of California (January: 1981). All work (plans, specifications, estimates and data) shall be .•ndorsed by CONSULTANT. CONSULTANT shall attend and assist in all coordination meetings. CONSULTANT shall designate a registered civil engineer who shall represent it and be its sole contact and agent in all consultations with CITY during fulfillment of the terms of this agreement. t 2. DISPOSITION OF PLAN ,'ESTIMATES AND OTHER DOCUMENTS CONSULTANTagrees that all original drawings, reports, both field and office notes, caiculations, maps and other documents, shall be turned over to CITY upon any termination of PROJECT. CONSULTANT'S records pertaining to the work under this agreement shall be retained for inspection for a period of at least three (3) years following final payment. 3. INDEMNIFICATICN, DEF ZNSE, HOLD HARMLESS CONSULTANT' hereby agrees to defend, indemnify and hold harmless CITY, the State of California and the Federal Highway Administration, their office ; s, agents and employees, from and against any and all liability, damages, costs, los:i*es, claims and expenses, however caused, resulting directly or indirectly from or connected with CONSULTANT'S performance of this agreemern. (including, but not limited to such liability, cost, damage, loss, claim, or expense arising f mm the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY or damage to the property of 'ONSULTANT, subcontractor, or of CITY), except where such, liability, damages, costs, losses, claims or Expenses are caused solely by the negligent; or wrongfulacts of CITY or any of its agents or employee.; including negligent omissions or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the -work to be performed hereunder. fib. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of 'Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY 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 CITY, for or on account of any liability under any of said acts which mc,r Se incurred by reason of any work to be performed by CONSULTANT under this agreement. 5. INSURANCE In a.dditiott to the Workers' Compensation Insurance and CONSULTANT'S agreement to indemnify CITY, CONSULTANT shall furnish to CITY and maintain in force until the completion of PROJECT a policy of general liability insurance in which CITY is sacred as an additional insured. The policy shall indemnify CITY, its officers and employees,; while acting within the scope of their duties, against any and all claims arising -2- out of or in connection with PROJECT. The policy shall provide coverage in not less than the following amounts, Combined single limit bodily injury and/or property damage of $300,000-per occurrence. Such policy insurance shall specifically provide that any other insurance coverage which may be applicable to the loss shall be deemed excess coverage and CONSULTANT'S insurance shall be primary. A certificate of all such insurance policies required by this agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be canceled or modified without thirty (30) days' prior written notice to CITY. 6. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in th ) performance of this agreement as an independent contractor. CONSULTANT 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 CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 7. CITV STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in , connection with the work of this agreement. in addition, CITY shall make available all data applicable to this PROJECT to the CONSULTANT. This shall include all existing as -built plans, intersection plans, utility plans, street improvement plans and all traffic signal plans. 8. PROJECT REVIEW All work conducted may be subject to inspections at any time by any party or parties and by representatives of the State or the FHWA. Conferences may also be held at any time at the request of any party or parties. 9. PLAN CHECK AND REVIEW a s, All plans and drawings prepared under this contract shall be reviewed and. checked by CITY. Final acceptance of the reviewed and checked plans shali constitute PROJECT completion. 10. CONSULTANT'S SERVICE DURING CONSTRUCTION CONSULTANT shall not be required by CITY or any other party to prt- ..e 5 service to CITY during construction stages of PROJECT. 11. RIGHT-OF-WAY All right-of-way requirements for said PROJECT shall be the responsibility of the CITY. No right-of-way plans are required. -3- 12. SUBSURFACE INVESTIGATIONS The CONSULTANT shali not be responsible for investigations of subsurface conditions. 13. PROVISION FOR PAYMENT In consideration of the performance of the above described engineering- services, CITY agrees to pay CONSULTANT the sum of one thousand six hundred dollars - ($1,600.00)'payable upon approval of plans, specifications and estimates for advertising by the State of California. 14. DURATION OF AGREEMENT Time is of the essence of this contract. CONSULTANT agrees to commence the PROJECT within five (5) calendar days after notice to proceed is given, and shall diligently prosecute it 0 completion within thirty (30) working days from the execution of this agreement. In the event that a time extension is requested by CONSULTANT, CITY shall receive in writing a request for such from the CONSULTANT. CITY shall review said request and upon acceptance, shall notify CONSULTANT of new time schedule for PROJECT. 15. EXTRA WORK In the event of authorization, in writing by the City Engineer, of changes from the wor;c as indicated in Exhibit "A" or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such extra work, so long as the prior written approval of CITY is obtained. 17. TERMINATION OF CONTRACT All work shall be done in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination and any special instructions hereu^: zr from CITY shall be made through the City Engineer, end in writing, which may be delivered in person to CONSULTANT or mailed through the normal course of mail to its 1 now -established business address. In the event this agreemen': is terminated, all drawings, designs, specifications and appurtenant data may be used by CITY. 1.8. SUBCONTRACTORS I 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. 19. ADDITIONAL PROVISIONS CONSULTANT agrees that no regular employee of CITY shalt be employed' by its firm during the time that this agreement is in effect. a ; -4- AOL 20. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person other than a bona fide employee, ?ny fees, commission, percentage, brokerage fee, gift, or, any other consideration, conti,-.gent upon or resulting from the award or making this agreement. For breach or violation of this warranty, the Local Agency shall have the right tc annul this agreement without liability, or, in its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 21. NONDISCRIMINATION CONSULTANT shall comply with Title VI of the Civil Rights Act of 1964 as amended. The provisions of 23 CFR 710.405(b) and 49 CFR 21 through Appendix H shall apply to this agreement. 22. NOTICES And/ documents or written reports prepared as a requirement of this contract shall contain, in a, separate section preceeding the main body of the document, the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by nonemployees' of the public agency exceeds $5,000. 23. COPYRIGHT S(PATENTS CONSULTANT shall not apply for a patent or copyright on any item or material produced as a result of this agreement as set forth in 41 CFR 1-9.,1. 24. PROCUREMENT REGULATIONS CONSULTANT shall comply with the Federal Procurement Regulations, Titla 41, Subpart 1015-Code of federal Regulations which shall be controlling as to allowa')le elements of cost. 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. -5- CONSULTANT: HERMAN KIMMEL AND ASSOCIATES By Herman Kimmel - President By ZlAk=j� - — William Dickson -Vice Pres./Secretary ATTEST: 1,��y� City Clerk REVIEWS D APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A munal corpora on By s i APPROVED AS TO FORM: City At arney I MATEPA-ND AP�VED. Director of Psjblic Works .h,gpn,d .uttt Copy „'opfutnd,mi11,rata to CERTIFICATE OF INSURANCE Approved as to Form: t.,ty of ttun,pppnn 11.11,01 TO Gail Hutton, City Attornny f:�,y Aftm „O�! f, t, rt'„ 1n0 CITY OFF HUNTINGTON BEACH, CALIFORNIA Hunt-rngrnn 8wnch• CA 92848 By, C.ilav It) Rork Managw after approval A MUNICIPAL CORPORATION - I This is to cartffy that tho policies of insurance as described below have been issued to the insured by the undersigned and ate in force Re thts time. It_thasa policies are cancelled or changed in such a manner that will affect this certificate, the insurance company aaraPs to give 10 days prior written notice, by mail, to City of Huntington Reach P. O. Box 711. Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY ARID MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name EstInsured Herman Kimmel. & Associates, Inc Address of Insured 3 e Location of Work or Operations to be performed at - above address & @ Warner Avenue & Edwards _ Street. _ Description of Work or Operatinns Prepare plans & special provisions for traffic signal mcdifi.- cation POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE POLICY NO. to Thousands 10001 (INS.) GENERAL LIABILITY 0 COMPREHENSIVEFORM i447502 8-26-83 8-26-84 $_50 onn CSL Ins. Co. Of the Each Occurance 1:? I PnEMISES-OPERATIONS Pacific Coast I I EXPLOSION. AND. COLLAPSE. HAZARD I I UNDERGROUND f%AZARD i I PRODUCTS COMPLE,EO OPERATIONS. HAZARD iXl CONTRACTUAL INSURANCE VI SROAo FORttI PROPERTY OAMAG.E IN] INDEPENDENT COtiTIRA.CTORS h l PERSONAL INJURY AUTOMOBILE LIA6ILITY IV(i COMPREHENSIVE FORM iX OWNED GA 509$700 5/1/83 5/1/84 $ 500,000 csL Gulf insurance C Etch 0ccu sacs 1 H:Rr. C, NON -OWNED d� - EXCESS LIABILITY T' �{ UMBRELLAFORM I OTHER THAN CU 5114907 5/1/83 5/1/84 ! 000,000 Guif lnsu-ance C UMBRELLA FORM N onKERS' COMPENSATION and 72WJGJ6311 Lill/83 4/l/84 100,000 Hartford EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Bench and its r'ity 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 acting as such are additional ins!ueds hereundar, for the Acts of the insured, and such insurance shall. be primary to any insurance of the City of Huntington beach, as their interest may appear. 3. Data February 24 1984 AUTHORIZED AEPRtE`vENTATI� of INSURANCE COMPANY INsur�Atucsco�IPaNY R.D. Crowell Insurance Age -icy v L- 3151 dY, 13-3 By oreu I a scoc -- Name r � Address; 315I Air.'aYe Q-3 Addrm _ Costa Mesa. Ca :'6 City TQlaphorte 714 557-5234 HOLD HARMLESS AGREEMENT (to be executed by insured Tte insured • Corporation ' agrees to protect, defend, indemnify, save, and hold harmless ?he City of Huntington Beach its officers, and employees against ary liability, Sots, damage, cost, or expense by reason of any and all liability, suits, claimt, damands, judgments and .causes of actin caused by insured, his employees, agents or any subcontractor or by any third partyalrising out of Or in consequence of the101.pA nce cf all ony operations or activit•4 for which this certific&to ofinsurance is furnished.. ° dtl Sole Fropnetotshlp (2) P"IfArship (3) Ca stlon ( ) Ittatfe FtOIILHARMLESS. SIGNED: BYlnsv�,t�; �' .Title President (Alt nartmmthat[ beprinted ortypod Bytr+surltds .Title Vice President below Tech s.gnatwreJ If Corporation, TWO Officers must sign, or ore.+ant avidence of authors zation to bind Corporation. d to„+u.I i I, a n.J .wd Copy , uirii,i,nn,t ,•n, t,tesaio to. , CERTIFICATE OF INSURANCE Approved as to Form: t:,iy .It i tun+nrypoi� R,u,r.h Gail Hutton City Attorney Alimswy TO t• tl Ho. inn CiTY OF HUNTINGTOiv BEACH, CALIFORNIA HWinnulnp 6"ch. CA 926e8 By: ` i:wiv Io R.sk Manager hit*, appiuvsi A MUNICIPAL CORPORATION This it to certify that the policies of insurance es described below have been issued to the in.surod by the undersigned and are in force nt this time, it these policies are cancelled or changed in such a marnor that will affect this certificzte, the insurance. company agroPs to give 10 days prior written notice, by mail, to City of Huntington Beach P. Q. Box 711, Huntington 83ath, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Herman Ki=el & Asspcia,tes, Inc, Addressof Insured 3300 Irvine -Avenue, Suite 180. Newport Seaehr Ca. 92660 Location of Work or Operations to be performed (a�i�, Description of Work or Operations Prepare plans & spec e4l provisions fortraffic signal__ mod td. cation & Addition,alInsured Endorsement: Not applicable to Workers' Compensation. Sep attached endorsement. The insurer agrees that the City of Huntington Bach and its City Cwftncil, and/ov all City Council appointed groups, committees, commissions, boards and any other City C6uncil appointed body, and/or eiective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, aitd such insurance shall. { be primary to any insurance of the City of Huntington Batch, as thear interan may ispr,tsar. Date Februar 24 1984 UTHORIZED B PRESENTATIVE Oa iNSURANCE COMPANY HARTFORD ACCIDENT INSURANCE COMPANY BY �,rL t� a /�J��.•.� AA&C INC. Name Addr�r 19000 Mac Arthur Blvd., #500 �` tdrsss Irvine, CA 92715 City __ ......IiC� ,I J Telaphone HOLD HARMLESS AGREEMENT (to be oxacuted by Insured) i The insured •Corpc)ratjon agrees to pro°act, defend, indemnify, save, and hold harmless the City of Huntington Baach its officers, agents, and employees a inst an liability, Iossr dam -go, cart, or expanse ttaon of any and all liability, suits, claims, g4o y Y g by rt!;• danlands, judgments and causes of action. caused by insured, his employees, apsnia or ony subcontractor or by any third party writing out of or in consequence of, the performance ^ ° all r any uparistions or Mivily for which this rartiflt:eta of insurance is furnished, ?711 Sol*' ,mwievzirthip (2) Psrin¢'.hl, (3I Co' —lon, �� 1 fgr ilRat H�)I.. 1FtMLESi SIGNEfJ: By Inau?�d.. u .,_. s�7{RIA �Si t3anf (Jill;iamestt,nllbopnntodortyp®ct Bgliwurod: �t 'Z"3 'r""'—TltI# Vice President below each sienature.) tf, Corpora"tian, TWO Officers must sign, or present evidence of authorization to bind Corporation. POLICY lTA'rES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective kxpiration !n. Thocls�snds iOOiB) f INSJ GfNE(7AL LIABILITY t , 1 C4`AkFR£riENSIYE ICOR0.4 GSL Each OCCUranCe I 1 PREMISES • OP;^RAYIONS t i EXPLOSION AND COLLAPSE HAZARD 1' 1 - UNDERGROUND HAZARD ( ( PRODUCTS COMRLETEt7 OPERATIONS HAZARD 1,I CONTRACTUAL. -.INSURANCE ( 1 eRpAO FORM PROPERTY DRNIAGE i I iND£P£1.10£N7 CCNTRRCTORS I l PERSONAL INJURY AUTOMOBILE LIABILITY f I COf::_•REHENStVE FOftRA (_ 1 OWNED ��. CSL i 1 HIRED Each Occurancs 1 i N(Q N•OWNFD EXCESS. LIABILITY '( 1 UMU;RELI.R FORM .ETHER 1'it,1N .� UMBR ALA FOrtAA WORKERS' COMPENSATION - „� 72W�iKY2649W 9/1,!83 9/i/84 l Statutory Hartford Accident Indemnity Company EhtPtif.�YEa$' LIABILITY x, THE`HARTFORD Policy. Number ' Named Insured and Address 72WJKY26 9W HERMAN KIMMEL AND ASSOCIATES, INC. Th is endorsement orms a part of the policy as numbered above„ issued by THE HARTFORD INSURANCE GROUP company designated therein, and takes effect as of the effective date of said policy unless another effective date is stated herein. Eg, /8 Effective hour is the same as stated - 4+ in the Declarations of the policy. Endt. No, ADDITIONAL INSURED EMPLOYER ENDORSEMENT IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE POLICY UNDER INSURING AGREEMENT I ALSO APPLIES TO >; CITY OF HUNTINGTON BEACH AND ITS CITY COUNCIL 2 .,,AS AR ADDITIONAL INSURED EMPLOYER BUT ONLY AS RESPECTS EMPLOYEES HIRED BY AND CARRIED ON THE PAYROLL OF THE EMPLOYER NAMED IN ITEM I OF THE DECLARATION OF THISPOLICY. _t w x AAC: Ck Issue Date: 2�20� Nothing herein contained shall be held to vary, waive, alter, or extend any of file terms, conditions, agreements or declarations of the policy, other than as herein stated. This endorsement shall not be binding unless countersigned by a duly authorized agent of the company, provided that if this endorsement takes effect as of the effective date of the policy ana,, at issue of said pollcv, forms a part thereof, countersignature on the declarations page of said policy by a duly authorized agent of the company shall constitute valid countersignature'of this endorsement. Form G-32404 S 'printed in US Countersigned q.. rued Agent d p',•, .. Y.... .. u.roaN4:An.y.;yaW:mvwyri .. �:eii' � ....L9T,mR9i�NlS - 'Ci'C1' BATE. February 24, 1984 TO:: CITY OF HUNTINGTON'BEACH City Attorney P.O. Box 190 Huntington Beach, California 92648 RE: H,ERMAN KIMMEL & ASSOCIATES, INC. Vile have enclosed the following: Copies Q Endorsements Audit O Certificate Invoice ED-Check ` Q Other- FOR: � Attachment to the Above PoNcy As Requested Your Files Your Information . Your Reply REMARKS: t BY:Ca1^o`) Kroti ne Assistant Manager R'Paul Grimm Business Insurance`Divisibn ASSOClAi ION ADMMIN!S'fRATORS t? GONSULTANTS, INC. ` 19000-MacArthur Blvd. • Suite 500 • Irvine, CA 92715 , Mailna_address. P.O. Box 75570 - Irvine, CA 92713 in Alaska. California: and Hawaii telephone 714/033-al4i - All other states..8001854.0491 = - - CITY OF HUNTINGTON BEACH e 2000 MAIN STREET _ CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 1, 1984 Herman Kimmel & Associates, inc. 3300 Irvi nP Avenue, Suite 180 Newport Beach, CA. 92660 The City Council of the City of Huntington Beach at its regular meeting I y Y 9 9 9 held February 6, 1984, approved an agreement with your firm for the designing of traffi- signal modifications at the intersection of Warner Avenue and Edwards in the City of Huntington Beach. Enclosed is an executed copy of the contract together with a copy of t the insurance which you have provided.' I Alicia M. Wentworth " City Clerk AMW:bt I Enclosures { ,x (Telephone. 714-536.5227 ) REQUEST R CITY COUNCI ACTION Date January 10, 1984_,,_, -- Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrayo XV1�Otj� � Prepared by: Paul E. Cook, Director of Public Works ; c� X cti Subject Approval of a Consultant for the Hazard E - gat' udy Project; CC 636 Statement of Issue, Recommendation, Analysis, Funding Scurce, Alternative Actions, ArLachrnents: STATEMENT OF ISSUE: The City of Huntington Beach has previously been awarded funds from the California Department of Transportation hazardous Elimination Safety Fund.. The Public Works Department has advertised for bids for the designing of plans, specifications, and estimates. Bids were openedonMarch 24, 1983. RECOMMENDATION: Accept the proposal. submitted by Herman Kimmel & Associates for an amount not to exceed $1,600.00 and authorize the Mayor and the City Clerk to execute the attached consultant agreements on behalf of the City. ANALYSIS Listed 'below is a summary of the proposals received for this project based on an hourly rate, not to exceed: 1. Hericla.n Kimmel & Pssociates $1,600.00 2. Justin Farmer Transportation Eng. $1,790.00 3.-Berryman and Stephenson, Inc. $2,900.00 This approval of consultant is finally being brought before the City Council :for approval after several months of delay caused by con- tractual proceedings. Differences in opinions, procedures, and policies at the State level caused acceptance of the design consultant to be delayed until this date. The work to be done consists of preparing the necessary signal design plans for the intersection of Warner and Edwards. FUNDING SOURCE Hazardous Elimination Study Funds (State) and 10% matching from City Gas Tax Funds (Account #746360) ALTERNATIVE ACTION: N/A ATTACHMENTS: Agreements d� CWT:PEC:XH:jy P10 4/87