HomeMy WebLinkAboutHERMAN KIMMEL AND ASSOCIATES - 1981-05-18a
AGREEMENT
THIS AGREEMENT, made and entered into this I t1th day or MAY$ 1981 �y W-'i` � Y
hetvreera the CITY OF HUNtINGTON BEACH, CALIFORNIA, a mvni6pal corporation
hereinafter referred to as CITY, and HERMAN Ki,' MEL AW, "SOCIATES, INC.,
"icensed firm, hereinafter referrers to as CONSULTANT,
RECITALS:
l The City Council of CITY is cutivrized to engage the ,services of a
profe;sfaml vVinee..ring consultant for the performance of necessary e?-,giineering service
for and on behalf of CITY; and
2. It is necessary and desirable that professirpul engineering services be
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performed for CITY .is more speciftcollt d-scribed In the Request fa- Proposal for MAIN
,STR , T TRAFFIC SIGNAL P-,ANS, hereinafter referred to as MOJEr CT. Said proposed
Is attach -ad hereto, murlred Exhibit "A", and bd this refere' :}-corporated herein any€
mode: a Pori ' dreof; and
1 CONSULTANT shalt hove taaut degree of spec alized expertise
conteroplofed withtn 'C'aliforraicr Government Curie Section 37IN21 and shalt have: all
rsecemry fic*uses therefor to practice rand ,performs the services herein coniterarippfated and
+ . CONSULT ANT agrees to perform the engineering services nec*ssrary For
this P'RGJ CT ,
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5. CITY hereby employs C(?NSULTA"'T to perform the following services as
required by PROJECT and CONSULTANT agrees to provide those services in cccordance
wltti recognized, stanctards of the engineering profession; of d
5,. No official or employee of CITY has a Finoraial ;Jerest ir, t�,.T subject
matter of this agreement, =temploted within the provisieac+s of Californin Government
Code Sections 1090-1092; and
7. CONSULTANT warrants that it steal' perform the services herein
contempla{ed in compliance with the California fags 'related to minittw-vi hv4s ana wages
(California Lob—, Code Section 1171 et st-q.), occupational health and safety (29 U.S.C.
651 et seq. and the California Lotaor Code Section 6300 et seq,), and fair employment
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practice (n U.S.C. ;Section 201 et seq, and California Labor Code Section 1410 et seq.)
to the extent same are applicable herein, and
B. The parties hereto .iesire to set forth their rights, duties and liabilltie in
connection with the services io be performed under this PROJECT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as followsz
SECT1Jl',d 1. GENERAL DESCRIPTION OF W`)RK TO 8 DONE.
(a) CONSULTANT shall provide: all engineering services as described in
Exhibit "All 1`tticlvding, lrit not limited to surveys, invesfigativ s, consultations and advice,
praY€rotion of detoll 'cosign, consiruction plans, estimates �f quantities and cos �,
preparation of the specialprovis*,ons and csty other rnlscellonccras ;µngineering services
required' to permit CITY to advertise for rids for construction PROJFC'T.
(b) CONSOLTA.NT shall as tend and assist In all :coordina;ion meetings.
(c) CONSULTANT shall dog' -ite a registered: civil engineer who shall
represent it and be its sale contact Qnd agent in all consvltatit with CITY durincJ
fulfillment of the terms of this agreement.
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SECTION 2. DISPOSITIW OF PLANS, ESTIMATES At,1D OTHER
OOCUMFNTSs.
CONSULTANT agrees that all original drawings, reports, both field and office
notes, calcvlations, maps and other do--vments, suit lae turned over to CITY upon
completion of PROJECT.
SECTION 3. ®fSCRiMINAT! )N:
CONSULTANT agrees that in the perrfor nuance of the terms of this agreemment,
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It will oot en.goge in, nor permit its ,agents to engage in, discrir;ain ation in employment of
Persons bacayse of race, religio,,;s creed, color, notiotiol in, ancestry, physical
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hacdiccap, medical condition, morttdt status, or sex of such persons, except as provided in
Se .tisan 1420. Via` :titan of this provis* an may result in the imposition of penalties referred
to in Division 2 Port 7, Chap -,,r I of -$e California e obor Code.
SECTION 4, INDEMNIFICATION, ION DEFENSE", HOLD F iARMI ESrr:
r"I,.iLT{ NIT hereby agrees t✓ defend, Wernnify and hold harmless CITY, its
officers, Ysf agc ,rs orb employees, from r1qc4 against cariy and all liability , camages, casts,
lajses, cfaims and expenses, however caned, resulting directly or indirectly from or
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coonec'ted with C;:ONS4. UANT'S t.erforr'nanCe of this�sgreeraaent (including, fit not
Oniifed to such lZability, cast, ra,moq;:, 'Zoss, crtclm, or exponse arising fr= the death or
lrsjury to an agent or -.employee of CONSULTANT, svbcmtroetor, or *f CITY or damage to
the property of CONSULTANT, subcontractor, or of CITY or of tart} ngtnt or empl-;"eie of
COMULTANT,-,%kcontrocior, or of CITY except where such liability, dca ages, costs,
limos, claim or experts"ts We t=srd solely by t'm iiegligent or wrongful mt� of CITY or
ony of fts agents employees istcluding negligent omissions or commissions of CITY, its
agents or emplc,�eesr fit connwtion with the geoerol s}.yper0sion or direction of the work
to hea performed hereunder.
SECTION 5. WORKERS' COMPENSATION:
CONSULTANT shall comply with all of the provisions of the Wor(ers'
Compensation Insurance and Safety Acts of the State of California, the applicabte
provisions of Division 4 and 5 of the California Labor Code and all amendments thereto;.
and all simit..ir State or t=ederol acts or laws applicable; and shall indemnify, defend and
told harmless CITY from and against all claims, demands, paymerts, suits, actions,.
proceedings and judgments of every nature ar:d description, includir g attorm y's fees and
costs, presented, brought or reco*dere-d against CITY, fcr or on account of any liability
under any of said acts which may be incurred b;, reason of arty work to be performed by
CONSULTANT °finder this agreement.
SECTIOi,,I 6. INSURANCE,
CONSULTANT agrees to furnish to CITY and maintain in force until the
completi•:)n of PROJECT a general liability inst+.rance policy in which CITY is named as an
additional insured. The policy shall insure CITY, its 7fficers and eynployees, while acting
within the scope all their duties,, against all claims arising out of or in connection with
PROJECT, The policy shall provi4e for not less than the following amounts: Combined
sanoie limit bodily injury arxi/or property damage of $ l,,D00,000 per occurrence. Such
policy of imurance shall pecifical y provide that a?+y othe. insuarce carried by CITY
-'— be al:vdirahle slvill be deemed excess and CONSULTANT'S .insurance primary
despite any conflicting p. ovir ons in CON UL.TANT'S policy to t:,e contrary.
SECTION 7. INDEPENDENT CONTRACTOR:
It is further understood and ogfeed that CONSULTANT is, and :shall be, acting
of all times as an independent contractor herein and not as an employer; of CITY.
CONSULTANT shall -secure at Its expe4se, and be responsible for any and all payment of
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income tax, social security, state disability insurance compensa-
tion, unemployment compensation and other payroll deductions for
CONSULTANT and its officcss, agents and employees and all business
licenses, if any, in connection with the services to be ?exformed
hereunder._
SECTION 8. CITY STAFF ASSTSTANCE:
CITY shall ;assign a staff coordinator to worm directly
with CONSULTANT in connect;^.- -ith the wort: of this agreement.
"SECTION 9. PROVISION FOR PMMENT:
In consideration of the performance of the above des-
cribed engineering services, CITY agrees to pay CONSULTANT an
amount based upon the fee schedule breakdown set forth below:
FEE SCHEDULE BREAKDOWN
Payment fog enginee:..:.ng services shall be as set forth
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in this agreement and outlined in. the Request for Proposal and
µhall be baso4 wort the fixed fee of $13, 300 , 00
ECTI;ON 10 EXTear�. WORK -
(a) In the event of authorization, in writing by °the City
,Engineer of rhanoP5 from the work as indicated in Exhibit "A" or
for other written permit -.sign authorizing additional, work not, con-
templatod heroin, additional compensation shall tie :allowed for
such extra: work, but extra comp:hnsaton shall not exceed lU percent
of f`�,o total contract, as specified above isithout approval of CITYf
(b) CONSULTANT shall submit monthly invoices which specify the area
s 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
E�= agreement is to he designated as "EXTRA WORK" on monthly invoices. Work performed.
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in conr,ectican with an authorized written change order will be so designated on said
invoice.
SECTION 11. TERMINATION OF CCNTRALT:
All work shall be done in a good and workmanlike manner and CITY reserves the
right to terminate services hereunder at any time with or without cause, and whe`her or
not PROJECT has been fully completed. Any term nation hereof, and any speerral
instructions hereunder from CITY shal! be made through the City Engineer, cnd in writing,
which may be delivered in person to CONSULTANT or mailed through the normal course
of snail to its: now -established business addresz. in the event tiais-greement is cancelled,
all drawings, designs, specifications ani appurtenant d>ato may be used by CITE` without
additional cast to CITY. Should CITY decide to 7errnin<ate this agreement for any reason,
CONSULTANT shall be entitled o payment, on an hourly basis in accordance with the
rate~ schedule herein, for work completed prior to gritted notification.
SECTION 12. SUBCONTRACTORS -
This agreement is a personal service contract trod the supervisory work
hereunder shall not be &-legated to cony person or entity without the consent of CITY..
SECTION, I' ADDITIONAL PROVISIONS:
CONSULTANT aguees that no regular employee of :ITY :shall be emptoyed by
its firm during fhe time that this agreement is In effect,
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IN WITNESS 'WHEREOF, the parties hereto have cQused this agreement to be
exe %ded by and through their zuthorized officers the day, month and year first cbov
written. �
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CONSULTANT
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CITY OF K-NTINGTON SEAC"f i
n municipal corporation
ATTE, APPROVED AS TO FORM
kIfy cty ttuREVIEIVED AND APPROVED: INITIATED AND APPROVED:
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rttsrt traficsr >., for risr s
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TRAFFIC ENGINEERING
rerman CONSULTANTS
irnm l and. Associates, Inc,
PRINCIPALS: 4242 CAMPUS DRIVE, SUITE E•6 NSWPORT BEACH, CALIF.92660
'HCRMAN 1 (MEL
H.WILLIAM n)C9Z0N May 8 1981
City or Huntington Beach
Public Works Department
P. 0.4 BOX 190
H ntington .beach, Calif. 92648
Attention Georgp- Tindall
City�Engineer,
Proposal ,- Traffic Signal Mans
Srook,burs t @ Adams
Goldenwest @ Varner
I7141 54696Y4
I., entleTiten:
As requested, we are submitting our proposal of engineer 4fg services
for modificati n of existing signalized intersections, to prepare
traffic: signal plans at the subject locations.
Scooe of York
We will prepare traffic signal contract- Mans, specifications, and
-ost esti .atec at the intersections of-,
Broo"4urst Street 4 Adams Avenue, the work will include
removal of raised medians allowing use of additio.ial
turning lanes to increase ir.Lers eect3.orA capacity and "9
Safety
s
Gold�4twest Street &warner Avenue, the work will
inolude a new oontroll e:r and poxes for the idditional
ph sing to reduce left turn accidents.
New ,signing and striping plays will be necessary at, both locations.
Ci ter to P.rgyide
City shall prop id. , at no cost to us, all pertinent as-tla,ilts,
utility, and other intersection plans, including available turning
VOID tes City will provide a z lar for the miLle Sheet.
} 41'
,me Schedule
It is anticipated that, we would start work after receiving a notice
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to proceed. The schedule for completiah of the project is:
Preparation of traffic signal plans,
signing & 8tripinq plans - 35 working days
.
Plan check by City - 5 working days
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Final plans and contract documents 5 working days
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TOTAL 45 working- days
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Pee Schedule°
Our lump sum fee for the worts ovtlined in this p ~ posal will; be:
` Brool�hu"'st @ Adams
Tr ,:fic Signal Plan - $2,400.00
Signing & Striping Plan - 600.00
Goldenwes ; 0 Warrser
Traffic Signal. Plain 2,200.00
Signing a Striping Phan - 400.00
TOTAL $5,600.00
These fees include a maximum of foxxx meetings with the City, to
discuss traffic ,signal design, street improvements, acid required
lane useage,
if we can sae o� further assistance, please contact me.
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Respectfully submitted,
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CCPAN ES AHIORW �> COVI PAGES
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U. Box 1607 A Hartford Indemnity Co.
(Newport Beach, Carif. 92663 z
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Herman Kimmel Associates
-�300 Irvine, Suite 180 �
Newport Beach, California 92660
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T 72 C . ei fl135 5-1-63
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t. 500 5013
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'Jitional Insured Etdorse,rent
till Follow
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X"xxxx?CXXXXXXXXdC?f`R.S,X. X`#ir.Ykit VXYoX ,V V)rV::X-Xy,X-"'gW Ka'... .xyxi
Xa:u. t';x ,.
City of Huntington Beach
Risk Manager ph l
F. 0. box' 711
Hunlrington-Beach, CA 92661�- 41?
.•- 4"}�'"'f^'.y�:4 � �.. ,:: ., r«.""'•T?'x a-j +v ax», ....... x «xR^�J<• KYFro ��� i +
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Date � Qw _ AUTHORIZED REPRESENTATIVE OF 'N'SURANCCr C0141t°�'�. V
By
a rtfbrd Indel*�tii * Co 2, ." S Imlare f,,C At4lbo od AkPimxar},AWO A,." Oat
Name Jay & Rs tifro
Adore 12440 Fire ,tone S1vd. Adrirers _ F 0. 9ox 60
horvgUt Calif, 90650 Telephoneide�apart 5uach, L�aix fi. ��, I"r ,
Retutet original .and throe oapies of Rstribution' Oreginal t of antis Dept,
completed rc,niticate to CERTIFICATE OF INSURANCE After Approval Yellow Risk ftimgcr
BY r_1Y Attarne * Pink -- City Clerk
City of Huntington Boa, TO Gold .• City littarney
Dept.
P.O.aoxa9fla ":. CITY OF F.UItITIt:+�TON i'E.kCN, CALIFORNIA
Huntirojwo Beach, California 92548 A MUNICIPAL CORPORATiON
'!'his is to certify that the policies of insurance as described below have boteit issued to the insured by vie under-
tigned and ate In force at this time. It th§sa policies are cAncelled or charged in such a manner that w, '. affect this: certificato, the
insurance company agrees to give 30 days prior written noti e, by mail,: to City of Huntington Beach, P. O. Box ISO, HUt*t ngton
Beach, California 92648.
i>Famc of Insured .,.. V.�,.
fidtiters of Insured cat 1 3 t' 'a_t? :tOtc, ; : ; ' .m �c' i'I' t c'nea
2
F Locathm of insured Cperatians%2L'JrIor
6'
Descrifticnot Operations nI'fl:f+wf rin,
POLICIES IN FORCE
POLiCY
NUMBER
i,'AdTV OF LIABILITY
c
Ef:F_CTWF
EXPIRATION!
A 'Workers Compensation
Statutory
Empiloyers' Liability
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B, Public Liability:
�S3Wj9Wccmbineds4i9le
�
�n�n,r*trr •e.
.« v •,>..
r.�,' q,t xF
litnttpef otc;llrrence.
Bcldily Injury:
M"ufactureyr-s�a-pn 1
ntractors
CoL.�
S' Each Person
Comprehensive
rkrlerai Q.
s_ " Each Accident
(inctudirlg products com* tcd
operational
Property Damage
_
S _Each Accident
C, Automobile Liability:
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Bodity iniury
$ Each Person
S ` -Each Accdent
Property Damage
S __ __ __' _ _ Each Acc#diint
Noes policy cover:
Ail r»sreued automobiles
Noa,:r ned automobile%
Hirer! atnomobites.
''Pitiew shark at lease neap
t I Y" I 1'N9
I i Yves I ) No
t I Yes , 1 No
is D. Additional littumtl is trsamentµ.._.....
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The insurer ag>e*x that t.Me City of Huntington Such u;xt its City Cbvncil, and4ar ali City council appointed groups,
committees, commissions, boards and any other City Council eppnint#Id body, and/or it;w Live and appointive officers,
wrants of .employees of I" City of Huntington Beach, when acting as such ,are additional insurt tis hereunder, for the �
acts of the insured, and +uci, insurance shelf be primary to any insurance of the City of H.ntington Beach.
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E. NoidHarmless Agwmterrc By Insured:
�� gtn g ' The Insurod agrees to protect,, defend, inde-mm y and s rml t e ty o uutin o Beach a airist loss damage or
expense by reason of any suits, :ciaimr, demands. judgments and ciusm of action caused by insured, his employees, agents
or any sihbcontraLrtor rrr by any third party arising out of or in consequence of the performance of all y( any ope#at€ons
csvetod by the ce,ficsato of insurance,
l Remarks: a AMOVED AS TO FORM'
GAIL rHU TON
City Attorney
?3y
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J01qt_y Cite `A torney
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Date #9r�' I V11 At STHORIZED REPRESEN't , E OF IN URANCE COMPANY
INS00ANCIt CO00AN
"y c f^tq Sii�tstatwvofA)knwrlediftpresantatiVarsiganf
c'flw i en'!`ro
A#idtmz& a V, fWdrexs / 4, %"fit, I '
City tkm'anl '. C"r!�u&4'0 ri '
•, .....� Telefliyonrt r � � �-� ,
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REQUES f FOR CITE" COUNCL ACTION
Date May 8`, 198
Submitted to: Honorable Mayor and City Council
Subs' Wed by: Charles IV. Thompson, City Administrat
Prepared by: Paul E. Cook, Director of Public Works
Subject- Approval ,if a Consultant for the Design of r ain
Traffic Signals. t C 35{?
Statement of issue, Recommendation, Analysis, Funding Source, Alternative }fictions, Attachments:
Statement of Issue:
T�-Ut—y_Council has previously approved they solicitation of consultants
for the design of traffic: signals on Main Stret at Ellis, Florida and.
Delaware.
Recommendation:
Accept t e proposal submitted by Merman Kimmel aild Associates, Traffic
Engineers`, on an hourly rate, not to exceed $13, 300, and authorize the
14ayor and City Clerk to execute the standard Consultant Agreement on
behalf of the City.
Anal s".�:
to effectively complete engineering; drawings, x t a timely manner,
it is re ommended that a Consultant firm he retained. The following pro-
posals were received:
1, Herman Rimmel and Associates $13,300
Z, MPA, rtic, 15,000
x. ;,: 0. van dell and Assoc2Ates ?3,L,VV
q_' 4. Berryman and Stephenson, Inc.-2)'800
"Unding Source
Gay ax Funds
Alternative Actions:
'Do not retain "a consultant.
Attachments
Agreement .
CWT: PEC• KH :ek
to i
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�x CITY OFHUNTINGTON BEACH
PIEI`sIJEST FOR LEGAL SERVICES white VtyRttorray a
Canary City uerk .er
Pink C11y,Adrnin2'sLaw -
7tUhTL9'G.70Y Y4ttAt CoNeorod Department.at
Oats � r/1 —
Al/ Raga Ataiie txe mtim _�
--
t!!i&'iftUC7IONS: File requKt in the City Attoma 's Office as soon as x
y passible. Print or type facts necessary for Gty #�ttorney.0ut•
tires briefly reasons for the request, Attach all information and exhibits pertinent to she subject.
Type V. Legal Service Requested: R CEM
e E7nsnce insurance l otherl
Resolution Bonds
Co Uact/Agreement f l Opinion fiT 47 1
Altobibitt Ust be attscisoi, or this request Mil be returned to you.
t t Fxisibits Attached
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