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'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