HomeMy WebLinkAboutIWA Engineers - 1987-11-02URE t� T FOR CITY +G(X:IN ., ACTON
t October 21, 1987
SubmMal I,: Honorable Mayor and City Cmmll .----'"'r"Ci�►'
MmkWl b,y; Paul E. Cook, Interim City AdminlstratorY�=*--hrp��Y�� - L'-
Pr by: Paul E. Cook, Interim City Administrator `��� _..-•- n
Sum. Improvement to the Southbound 1-405 Beach Boule�asd-@ i
Drive �.�
consistent with council Policy? 1)d Yes (] New Policy or Exaptkm
Ststanvmt of Issue, Recomnandetion, Analysis, Funding &mroa, Aherriettva Action. Ataoft-mu: .._
STATEMENT OF ISSUE:
On September 49 1987, staff received proposals from qualified engineering firma to
prepare the environmental documents and Mans/specifications far the improvements to
the southbound 1-405 Beach Boulevard off romp and Center Drive.
RECOMHMENDATION:
Approve the selection of I.W.A. and thereby authorize the Mayor and City Clark to
--- execute the attached consultant agreement for a fee not to exceed $63,644.00.
ANALYSIS:
In 1984, an EIR was completed for the Huntington Center Redevelopment Project area
which identified the need for wideninq Center Drive to provide an additional westbound
lanes in the vicinity of the 1-405 freeway ramps.
In June, 1987, the City completed a geometric study evaluating the feasibility of the
additional lane. The study was submitted to CAL.TRANS for comment and conceptual
approval. CAI,,TRAN5 agrees in concept with the widening project which also ine!udes
adding an additional lane to the freeway of f-ramp. in order to Implement the
recommended improvements, environmental documents and constrmtlon plans and
specifications must be prepared. Therefore, pursuant to Chapter 3.03, "Professional
Services of the Municipal Code, requests were solicited from qualified engineering firms
to prepare the environmental documents and plans/specifications. Proposals were
received on September 4, 19A7. Staff had reviewed each of the proposals and recommends
the selection of I.W.A.
FUNDING SOURCE:
Sufficient unencumbered revenues ere budgeted in fiscal account 615632
(lmorovements/Streets) for these engineerinq services.
0 ALTERNATIVE ACTION:
Deny the wleetion of I.W.A. and forego the preparation of the necessary documents for
the completion of this project.
ATTACHNCNTSt
Consultant Agrwenwnt
i
THIS AGREEMENT, made and entered into this day
of 1987, by and between tho CITY OF HU14TINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and IWA ENGXNZERS, a
California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of an
engineering consultant to provide plans, specifications and
cost estimates for circulation improvements to the southbound
I-405 Beach Boulevard offramp and to Center Drive, located in
the City of Huntington Beach; and CONSULTANT has been selected
to perform such 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 Request for Proposal: I-405 and Center Drive.
Improvements, dated August 10, 1987, and Consultant's Technical
Proposal, dated September, 1987 (hereinafter collectively
referred to as Exhibit "A"), which is incorporated into this
Agreement by this reference. Said services shall sometimes
hereinafter be referred to as "PROJECT."
CONSULTANT hereby designates Jerry R. hood, who shall
represent it and b-e its sole contact and agent in all
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consultations with CITY during the performance of this
Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly
with CONSULTANT in the prosecution of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The
services of the CONSULTANT are to commence as soon as
practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than ter,
(10) months from the date of this Agreement. These times may
be extended with the written permission of the CITY. 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
r,enefit the PROJECT if mutually agreed by the CITY and
CONSULTANT.
4. COMPENSATION
In consideration of the performance of the engineering
services described in Section,l above, CITY agrees to pay
CONSULTANT a fee not to exceed Sixty Three Thousand Six Hundred
Forty -Four and no/100 Dollars ($63,644.00).
5. EXTRA WORD,
In the event of author.zation, in writing by the CITY,
of changes from the work described in Exhibit "A", or for other
written perrr.ission 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.
G. METHOD OF PAYMENT 01
A. CONSULTANT shall be entitled to progress payments
toward the fixed fee set forth in Section 4 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 CONSULTANT shall be
submitted to the CITY to demonstrate progress toward completion
of tasks. In the event CITY rejects or has comments on any
such product, CITY shall identify specific requirements for
satisfactory completion. Any such project which has not been
formally accepted or rejected by CITY shall be deemed accepted.
C.
The
CONSULTANT shall
submit to
the CITY
an
to
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 CONSULTANT'S firm that the
work has been performed in accordance with
the provisions of this Agreements and
5) For all payments include an estimate of the
percentage of work completed.
Upon submission of any such invoice, if CITY is
satisfied that CONSULTANT is making satisfactory progress
toward completion of tasks in accordance with this Agreement,
Vi
_, _
ON
CITY
shall promptly
approve
the
invoice,
in which
event payment
shall
be made within
thirty
(30)
days' of
receipt
of the
invoice by CITY. Such approval shall not be unreasonably
withheld. If the CITY does not approve an invoice, CITY shall
notify CONSULTANT 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
CONSULTANT is in, or has been brought into compliance, or until
this Agreement is terminated pursuant to Section 12 hereof.
D. Any billings for extra work or additional
services authorized by the CITY shall be invoiced separately to
the CITY. Such invoice shall contain all of the information
required under paragraph fC, and in addition shall list the
hours expended and hourly rate cha►ged for such time. Such
invoices shall be approved by CITY if the work performed is in
accordance with the extra work or additional services
requested, and if CITY 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.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared
hereunder, including all original drawings, designs, reports,
both field and office notes, calculations, raps and other
documents, shall be turned over to CITY 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 CITY in the completion of PROJECT or
as it otherwise sees fit. Title to said materials shall pass
to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the
PROJECT, whichever is apFlicable. CONSULTANT shall be entitles:
to retain copies of all data prepared hereunder.
8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONSULTANT hereoy agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and against any
and all liability, damages, coats, losses, claims and expenses,
however caused, arising from Cu"NSULTANT'S negligence cr willful
1
misconduct in ?he performance of this Agreement. Any
concurrent negligence of CITY, its officers and employees shall
in no way diminish CONSULTANT'S obligations hereunder.
CONSULTANT will conduct ail defense at. its sale cost and
expense. Any costs of defense or attcrney's fees incurred by
CITY in enforcing this obligation will be reimbursed to CITY by
CONSULTANT or may be awarded to CITY b;+ a court of competent
)urisoiction as coats pursuant •o California Cade of Civil
Procedure S 1021.
9. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of
the Workers' Compensation Insurance and ;safety Acts Df the
State of California, the applicable provisions of Division 4
and 5 of the California Labor 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
may be incurred by reason of any work to be performed by
CONSULTANT under this Agreement.
10. INSURANCE
In addition to the Workers' Compensation Insurance and
CONSULTANT'S covenant to :ndemn:fy CITY, CONSULTANT shall
ootain and furnish to CITY the following insurance policies
covering the PROJECT:
A. Genera. liability Insurance: A policy of general
punlic liao1lit} :nsu.ance, including motor vehicle coverage.
Said policy shall indemnity CONSULTANT, its officers, agents
and emrlayees, while actinc within t�;e scope of their duties,
against any and all claims of arising out of or in connection
with tree PROJECT, and shall provide coverage :n not less than
the follow:ng amount: cor.ai,-,ed single limit boaily injury or
propert} damav_e of ;1,000,000 per occurrence. Saio policy -
shall specifically provide that any other insurance coverage
which may be applicable to the PROJECT shall be deemed excess
coverage anl' that CONSULTANT'S insurance shall be primary.
B. Professional Liau,lity Insurance. C014SULTANT
shall acquire a professional li<bility insurance policy
..t-
0
covering the work performed by it hereunder. Said polic:shall
provide coverage for CONSULTANT'S professional liability in an
amount not less than *1,000,000 per occurrence.
Certificates of Insurance for said policies
shall be approved in writing by the City Attorney prior to the
commencement of any work hereunder. All Certificates of
Insurance (and the policies of insurance or endorsements
thereof) shall provide that any such Certificates and policies
shall not be cancelled or rtduced in coverace or limits other
than payments of claims without thirty 130) days' prior written
notice to CITY.
11. INDEPENDENT CONSULTANT
CONSULTANT is, and shall be, acting at all times in
the 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 ano other payroll deductions for CONSULTANT and
its officers, agents and employees and all business licenses,
if any, .n connection with the services to be performed
hereunder.
12. TERMINATION OR AGREEMENT
Ali work requ:red hereunder shall be performed in a
good and workmanlike manner. C_TY may terminate CONSULTANT'S
services hereunder at any time With or without cause, and
whether or not
PROJECT
is fully
complete. Any
termination of
this Agreement
by CITY
shall be
made in writing
through the
0011
I. c
b.e
0
'40re
City Engineer, notice of whicl; ehall be d*livered to CONSULTANT
as provided in Section 16 herein.
13. ASSIGNMENT AND SUBCONTRACTING
^his Agreement is a personal service contract and the
supervisory work herrtunder shall not be delegated Fay CONSULTANT
to any other person of entity without the consent of CITY.
14. COPYRIGHTS 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.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any
regular CITY employee in the work performed pursuant to this
Agreement. Ire accordance With California Government Code
Sections 1090 et seq., but sub)ect to the exceptions therein
set forth, no CITY official or employee shall he financially
interested in nor derive any financial benefit, either directly
or indirectly, from tr.is Agreement.
16. NOTICES
Any notices or special instructions required to be
given in writing under this Agrer:;ent shall be given either by
personal delivery to CONSULTANT'S agent (as designated in
Section I her:nabove) or tc. Ci.y's Director of Public Works as
the situation shall warrant, or by enclosing the same in a
sealed envelope, postage prepaid, dnd depositing the same in
the (Inited States Postal &, rvices, addressed a0 follows:
WE
TO CITY:
Mr. Paul Cook
Director of Public works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
17. ENTIRETY
•
TO CONSULTANT:
Mt, Jerry R. wood
vice President
YiiA Engineers.
10221 Slater Avenue
Fountain Valley, CA 92708.
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.
CONSULTANT:
IWA Engineers
a California corporation
Steve Andr
ATTEST:
en t
ec./Treasurer
City Clerk
REV;EWED AND APPROVED:
4--
city Administrator
ri
--9-
CITY OF HUNTINGTON BEACH
a California municipal
corporation
Mayor
APPROVED AS TO F
City Attorney
INI ATED AND APP VED:
Director of Public Works
0
IWA ENGINEERS
im , wv^ %ft 219 • PA. Oat am r P!Ai
September 4, 1997
Mr. Los Evans
City Engineer
City of Huntington beach
2000 Main St.
Huntington Beach, CA 92648
Subject: Center Dr./I--405 Improvements
Technical Proposal
Dear Mr. Evans:
Enclosed herewith for your review and consideration are five (5)
copies of the technical proposal for the referenced projects. We
are very pleased to respond to the RFP and would be further
pleased to continue our involvement with the City on this
project. I will be Project Manager and Narie will be the Project
Engineer shoving our continued commitment to the City. Addi-
tional team members include the firm of Austin -Foust Associates
for the traffic study and signal modification and the Planning
Center for environmental clearance.
The enclosed proposal outlines our qualifications and project ap-
proach. We believe that IWA Engineers would be an excellent
choice for this assignment because of our Caltrans work on other
similar projects, our intimate knowledgca of the Center Dr.
project, and our demonstrated commitment to the City. We would
be pleased to meet with you to review the proposal.
Thank you for the opportunity to continue our involvement with
this project.
Very truly yours,
IWA ENGINEERS
,ferry . Wood, P.E.
CNice President
JRW: dfine
Encl.
it
Cno 110