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HomeMy WebLinkAboutIWA Engineers - 1987-11-02 (4).. a.•rn:'•.ac: ah,Irw.wrRKYC�a;ti#:':�.d.4.:if.tia.fn(.N. ��ii.a', lq:r!rJj.crl:. .... -.-- -- . r.....r.+-..�....�.w...+......,.... ..::+w+►1LAVMiiiiCl[[�aMi'1 '8T,-'FOR CITY C REQUE r OU. N 6A ACTION D�te., C ctober.`21, 1987 �{ n rdbla Ma nirland CJt ' Counc �p�NG S�,bmltta'f'to. a o y y CLT • Paul E. Cook Interim City, Administrator StlbfTiiitb� Ii �. r y. Paul E. Cook Interim City Administrator —+ Prepared by. � Y;Aarry Subject: Improvement to the Southbaund 1­05 Bench Boo) va ram -e'ti er Drive Consistent with Council Policy? 1XI Yes ( 1 ih&W Policy of Exception �M Statement of Itsue, Recominandation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On .September 4, 1987, staff received proposals from qualified engineering firms to prepare the environmental documents and plans/specifications for the improverru,nts to the southbound I-405 Beach Boulevard offrRmp and Center Drive. RECOMMENDATION: Approve the selection cf I.W.A. and thereby ,authorize: the Mayor and City Clerk'to execute the attached consultant agreement for a fee riot to exceed $63,644.00. ANALYSIS: In 1984, an EIR was completed for the Huntington Center Redevelopment Project area which Identified the need for widening Center Drive to provide an additional westbound lane In the vicinity of the 1-405 freeway ramps. In Juno, 1987, the City completed a geometric study evaluating the feasibility of the additional lane. The study was submitted to CALMANS for comment and conceptual approval. CAL.TRANS agrees in concept with the widening project which also Include: adding an addltional lane to the freewny off -ramp. In order to implement the recommended Improvements, environmental documents artd construction plans and rpecifications must be prepared. 'therefore, pursuant to Chapter.3.03, "Professional Services of the Municipal Code, requests were soll6ted from qualified engineering fires' to prepare the environmental documents and plemrspecifit;ations. Proposals were . receiveo on Septernther 4, 1987. Staff had reviewerl arch of the prnposals and recommends the selection of I.W.A. FUNDING SOURCE: Sufficient unencumbered revenues sire budgeted in tiacel account 8Y5632 (Improvements/Streets) for these engineering oemtice . ALTERNATIVE -ACTION: • ' Denny the selection of i.W.A. and forego the preparation of the necessary documents for �e ccm 'eti tton of this project, ATTACH{MEN? S:00. , ccmultant Agreemc►nt I CWEEF,: ONSULTANT �'AGRSEXEOTAY �,AND, BET -THE'CITY'-'Of- HUNTINGTON',,"BZAC1A-.AHD.i1W K,,L"NG1HERRS,-1?OR'-- ENGINEERING WE 'RV I C E -IN '- COMMON -WI` H,,TRAPP I C CIMEXTION- VIP -Br ,IMPROVEMENTS -1!0 * TEE �-i SOUTHBOURD ,I-' 405.,,BEACH, -ILEVARD 'CFFRAMP AND ZENTER DRIVE. e this : THIS AGREEMENT, 'made 'and ent'red into th* ay. of lWo and between the .CITY OF-HUNTINGTON BEACH, a municipal corporation of the State of California,. hereinafter referred to-as,"CITY," and IWA ENGINEERS,, 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 fcr circulation improvements to the,.southbound 1-405 Beach Boulevard offramp and to Cente.- Drive, located .in the.City of Huntington Beach; and CONSULTANT has been selected to perfo:rr, such servicest NOW, THEREFORE, it is agreed by CITY and CONSULTANT 'as f 011 1 ows: 1. WORK STATEMENT CONSULTANT shall provide all engineering services as described in the Request for Proposal: 1-405 and Center Drive Improvements, dated August 10, 19878 and Consultant's Technical Isal- September 190 {hereinafter ,collectively Propo referred to as Exhibit "A")# which is incorporated into this Agreement by thin. reference.: Said services shall sometimes etiMeS hereinafter be referred to as "PROJECT." CONSULTM4T hereby designates'" J6rry"A; Wood, -who shall . r epresentt a n d: be • i is sole. contact and-'agent'Ah al I,.. r 71..,r .. .....,. 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 ten (10) months from the date of th:.s Agreement. These times may be extended with the written permission of the CITY. The time for performance of the tasks i6entified 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 CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the engineering services described it 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). S. EXTRh WORK In the event of authorization, in writing by the CITY, of changes from the work described in Exhibit ".A", or for other written pertr,iss�.an autr�prizing idditiona�l hark not contemplated ei additional c.cm ensafiion shall be allowed for such extra her �� P cecnnicai memo ana report prepareo ny t uNSuLwAt 'r sna.Li oe 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 fox, 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 =` �t invoice for each progress payment dues. Such invoice shall: 1) Reference this Agreement; 1 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by ra principal member of the CONSULTANT'S firm that the work has been performed in accordance with the provisions of this Agreement; 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 a,.cordance with this Agreement, 8 0 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 6C, and in addition shall list the hours expended and hourly rate charged 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 iz 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 o ESTIMATES AND OTHER DOCUMENTS Y�O • � •w•wrNw� 4•�rMwr CONSULTANT agrees that all materials prepared hereunder, including all originil drawings, designs, reports,, both field and office notes, calculations, maps and other ..... .. ..... .. ... .-.....,5.+:.<., :.z-..;iS+•a •f•:.vaS.S•^i Tn'UTtfi'ASR\7i[i'r}\:It.e,.i . ;UL�h••r:11:z/Rbet�•k. '- o. . i'Yl:a :..k tb Iw documents,' .shall ` be turneo 'over to CITY . ugq:�` termination •of " his ,Agreement `or uponPROJECT., completion, r�hidhewer shall s j occu&,. first., in the. event this �igreement, i.s te'min�ted, 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 applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. S. INDEMNIFICATION,.DSFENSE, HOLD -HARMLESS CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers and employees from and against any and all liability, damages, costs, losses, claims and expenses, however caused, arising frorrt COtJaULTANTIS negligence or willful misconduct in the 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 all defense at its sole cost and expense. Any costs of defense or attorney's fees incurred by CITY An enforcing this obligation will be reimbursed to CITY by CONSULTANT or may be awarded to CITY by.a court of Competent jurisdiction as costa pursuant zo California Code of Civil Procedure S 1021. 9. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Worhers' Compensation insurance and Safety Acts of the .State of California, the applicable provisions of Division 4 .t , .for or on'account'of''any.?iability under any.of said acts which may be incurred by reason 'Qf any work to be,,performed° by CONSULTANT unaer this Agreement. 10. INSURANCE In addition to the Workers' Compensation Insurance and CONSULTANT'S covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General liability Insurance: A policy of general I:ublic lianilit,y insurance, including rotor vehicle coverage. Said policy shall indemnify CONSULTANT? its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or is connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury or property damage of �1,000,000 per occurrence. Said policy shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT'S ;.nsurance shall be primary. B. Professional Liability Insurance. CONSULTANT shall acquire a professional lit►bil,ity insurance policy I I 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 and Other payroll deductions for CONSULTANT and its officers, agtpnts and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shalt be performed in a good and workmanlike manner. C:TY may terminate CONSULTANT'S services hereunder at any time with or withoitt cause, and 00 -whether, or -not PROJECT is fully complete. Any termination of this Agreement by CITY shall - be made in. writing through the a'. to- any other person or entity without the con`sent,'of CITY. 14. COPYRIGHTPZPATENTS: CONSULTANT shall `not apply fora patent. or, 'copyx fight on any item or material produced.as a result of this Agreement, as set forth in fl CFR 1-9.1. 15. CITY EMPLOYEES AND OFFICIALS C014SULTANT shall employ ne CITY official nor any regular CITY employee in the work performed pursuant to this Y Agreement. in accordance with California Government Code Sectio:zs 1050 et seq., but subject to the exceptions therein. set forth, no CITY official or employs-e shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. 16. NOTICES Any notices or special instructions required to be given in writing under this Agreement zhall be given either by personal delivery to CONSULTANT'S agent (as designated in Section 1 herinabove) or to Ci.y's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the game in the United States Postal Sgr.vices, addressed as follows: 8w 000 te ��9 t r t TO CITY : `, ' = TO CONSULTANT : t�7�rry.,R. �,yt Mr. Pau�..Codk,,. 1 , Mr, Wood ^. �iir€ctor''''of Public. w9rks ;Vice :Prei`derit ` City of Huntington. teach <. 'IWA t Engineers I 2000 Main. Stieet ....I0221 S3ater `Avenue' Hunti.'ngtC6' Beach, CA 9,2648 ° .:Fountain tValley, CA 92708. 27. 'ENTIRETY.`ra The ,and'Exh "A" attachdd*.hereta' 'set' ; forth . the entire Agreement between -.the ,partxes IN WITNESS WHEREOF, the, parties hereto .have caused this � 'Agreement to be executed by and through theit'authorised. officers the day, month and year first above written, CONSULTANT: IWA Engineers a California corporation e.,on , . x1frry rWi od, vice President. Steve Andrews, Sec./Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator rf -9- CITY OF HUNTINGTON BEACH a California municipal corporation Mayon APPROVED AS TO FORM: City Attorney INx ATED AND APPROVED: —1 Vi rect.or of Public Works .1. . I I 1.. �i Mr. Les Evans City Engineer Ci ty of Huntington Beach 2000 Main St. Huntington Beach, CA 92548 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 Marie will be the Project �f Engineer showing 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 knowledge 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 rry tf. Wood, P.E. ,Vire President JBF1:dfm Encl