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HomeMy WebLinkAboutLG2WB Engineers - 2013-08-19CONTRACTSSUBMITTAL O i/ } To: JOAN FLYNN, City Clerk Name of Contractor: LG2WB Engineers Purpose of Contract. For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Traffic engineering design service and traffic signal modification at Goldenwest St and Talbert Ave for Senior Center Project Amount of Contract: $7,500 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management Initiating Dept. ❑ f Finance Dept. ORIGINAL bonds sent to Treasurer ❑ Date: N ension City Attorney's Office co N tad,,. III04 z m � G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LG2WB ENGINEERS, INC. dba LINSCOTT, LAW & GREENSPAN ENGINEERS FOR TRAFFIC ENGINEERING DESIGN SERVICE AND TRAFFIC SIGNAL MODIFICATIONS AT GOLDENWEST STREET AND TALBERT AVENUE FOR SENIOR CENTER PROJECT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and LG2WB Engineers, Inc. dba Linscott, Law & Greenspan Engineers, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide traffic engineer design services and traffic signal modifications at Goldenwest Street and Talbert Avenue for Senior Center Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Kell D. Maberry, Principal, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 13-3842/99698 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on N (n.0 iT & 7-W- , 2013 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one hundred eighty (180) days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seven Thousand Five Hundred Dollars ($7,500.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will 13-3842/99698 2 undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANf's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful 13-3842/99698 3 misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. <. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting 13-3842/99698 4 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that = asuraace has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in liinits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 13-3 842/99698 5 The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment 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 PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13-3842/99698 6 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or 1� 0-oritract is approved, all approved assignees, delegates and subconsultants must satisfy -rice requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: 13-3842/99698 7 TO CITY: City of Huntington Beach ATTN: Director of Community Services 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: LINSCOTT, LAW & GREENSPAN ENGINEERS ATTN: Keil D. Maberry 2 Executive Circle, Suite 250 Irvine, CA 92614 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate 13-3842/99698 8 or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act c-ooarary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any parry who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly 13-3842/99698 9 outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. LEI, ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each parry shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the Laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that 13-3842/99698 10 each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that u nas not executed this Agreement in reliance on any representation, inducement, _r. ement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 13-3842/99698 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, LG2WB ENGINEERS, INC. dba LINSCOTT, LAW & GREENSPAN ENi iRNE,ERS, a California corporation ���.. print name ITS: (circle one) Chairmarv'Presid6at/Vice President, /wiI I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California „A = I ire ctoilChief (Pursuant to HBVC 3.03`100 ) - APPROVED AS TO FORM: 7 -,xrit I City Attohj� R By: r Date: RuaLnamc ITS: (circle one Secretary hieffinancialOfficer/Asst. Secretary - Treasurer 13-3842/99698 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 13-3842/99698 13 I May 13, 20.13 E®gi oom & Plannars Ir�th� Tr�r��p�er[at��ti Ms. Deborah De Bow, PE Per hq Principal Civil Engineer City of Huntington Beach Public Works Lnivattt tRw 2000 Main Street rrowspitt, EFOIItteim; Huntington Beach, CA 92648 2 zxaCI'tVO CiTch, LLG Reference: P2.130067 s'"ttt,z5o Subject: Proposal. to Provide Traffic Engineering Design Services for the �s Proposed Senior Center on Goldenwest Street' Huntington. Beach, California. Paca. jaro Dear Ms. De Bow; Von 5,111 Mop As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Woolfar,Wls proposal to provide. traffic engineering design services for the proposed Senior Center. The proposed project is located on the west side of Goldenwest Street at Talbert Avenue in the City of Huntington Beach, California. Pursuant to our discussions, we understand that the City is requiring continued design support for the completion of the following design plans: Goldenwest Street at Talbert Avenue/Senior Center Driveway (signing & striping) Goldenwest Street at Talbert Avenue/Senior Center Driveway (traffic signal modification) ® Goldenwest Street - Street Improvement Traffic Control Plan Goldenwest Street SCE and Waterline Traffic Control Plan It is our understanding that there are .no site design changes and that the plans were submitted for 3`d plan check review prior to the project being halted. As such, this proposal summarizes the work tasks associated with the preparation of Signing and Striping, Traffic ,Signal Design, and Traffic Control plans for the above -mentioned street and intersection. In total, LLG will prepare plans, specifications, and estimates (PS&E) for the traffic -related design plans: The design plans will be prepared according to the City of Huntington Beach requirements and will be consistent with State of California Department of Transportation. Standard Plans and Specifications and the current California Manual J`y�>ll'4acetsFafrF,eE3. t on Uniform Traffic Control Devices (NLUTCD). ''"'FlNwnA karvi PE -ReI P1111 W,, WiRn,os_ P€ Jidln ;' xrm"fl, FF Jotin i Warpun PE PE _. u.•.rr: iai:. u.. eie_ai-:e:; __. _ Fs =F: . ..:{:r_. a .. t. Fsts:RLlttttdE Hamao. P X'D n Ms. Deborah De Bow May 13, 2013. .Page 2 PROJECT SCOPE AND ASSUMPTIONS This Proposal assumes the following: ■ The Civil Engineer for this engagement will be Fuscoe Engineering. ■ Fuscoe Engineering will make any readily available information available to LLG.. This includes all, pertinent on -site and off -site improvement plans, to -scale drawings and existing aerial photographs, as -built plans, utility information and/or topographic maps, if available. ■ Any changes or revisions in project access locations, project scope, or design schemes, once our design effort has begun will be considered to be. outside the current Scope of Work and will require an addition to the Design Fee maximum. The project is. located .within the limits of the City of Huntington Beach. The City of Huntington Beach will be the sole reviewing and approving agency. ■ Our design plans will be processed as part of a larger set of improvement plans to be prepared by Fuscoe Engineering. We will coordinate our plan sheet numbering and other issues accordingly. ■ The. plans, :specifications, and probable construction cost estimates will be prepared using Imperial units of measurement. ■ DRC will handle processing of the City of Huntington. Beach Encroachment Permits. SCOPE OF WORK Task 1: Project Mobilization 1.1 Coordinate with the Fuscoe Engineering for latest base map files. Task 2: Signing and Striping Plan 2.1 Continue design of signing and striping plans for the following street segments.: ■ Goldenwest Street at Talbert Avenue/Senior Center Driveway Our plans will be prepared at 40 scale (I" = 40') using AutoCAD drafting software on 24" x 36" City of Huntington Beach. Title Block Mylar.. Our plans will include all new signs and striping, pavement markings, pavement legends, sign and striping removals, .and consider potential interim Ms. Deborah De Bow May 13, 2013 Page 3 improvements that may be completed prior to construction of ultimate improvements. At the project limits to the east, west, north and/or south, we wilt reference in existing' striping based on topographic information and field review. We understand that the project Civil Engineer will provide LLG with the available base street improvement plans and proposed layouts; including areas of roadway work, in AutoCAD format. We anticipate that our signing and striping plans set will contain two (2) sheets. Task 3: Traffic Signal Plans . 3.1 Continue traffic signal modification plan for the following intersection: Goldenwest Street at. Talbert Avenue/Senior Center Driveway (signal modification) The traffic signal plan will be prepared at 20 scale (1"=20') using AutoCAD drafting software. on a 24" x 36" City of Huntington Beach Title Block. Mylar. The traffic signal plan will incorporate all aspects of the traffic signal, including new signal standards, signal heads, loop detectors, conduits, Opticom devices, battery backup system, signal .interconnect; controller assembly/service point locations, and proposed signing and striping modifications. We will show all related street/intersection improvements on our plan. Our traffic signal design package will contain one (1) plan sheet. Task 4: Traffic Control Plans 4.1 Continue. Traffic Control Plans (TCP) for the construction of the proposed street and. median improvements as well. as utility improvements on the following street: ■ Goldenwest Street at Talbert Avenue/Senior :Center Driveway ■ Goldenwest Street — SCE and Waterline Installation Our plans will be prepared- at 40 scale (1" 40') using AutoCAD .drafting software on 24" x 36". City of Huntington Beach Title Block Mylars. Our plan will include all. existing and temporary striping, pavement markings; pavement legends, and .striping. removals, and temporary barricades. At the project limits, we will reference in existing striping based on our field.review. Our TCP set will consist of six (6) sheets. The traffic control plans will be prepared in accordance with the City :of Huntington Beach requirements and the current California MUTCD, showing all lane closures, restrictions; tapers and other disruptions of normal traffic flow, including pedestrian and vehicular detours. 11 Licit i1"l._ Ms. Deborah De Bow May 13, 2013 Page 4 Task 5:. Project Special Provisions and Cost Estimates 5.1 Prepare technical Special Provisions for the project according to the City of Huntington Beach.. LLG is assuming that sample contract documents will be obtained from the City, to which appropriate modifications will be made. It should be noted that the anticipated modifications are assumed to be: miuor and will not require extensive re -writing of theprovided contract documents. 5.2 .Prepare an opinion ofprobable.cost for signing.& striping, and signal work for bidding and bonding purposes. Task 6: Plan Processing 6.1 Submit a reproducible set of plans at the 90% preparation level to the project Civil Engineer for submittal to the City of Huntington Beach for 4a' plancheck review. 6.2 Revise .plans; Special Provisions, and cost estimate per City's comments and submit plan set of reproducible prints at the 100% o preparation level to the project Civil Engineer for processing through :the City of Huntington Beach for final. check and approval. 6.3 After plans are approved, we will submit one set of Mylar plans to the project Civil Engineer for .City signatures/approval. ADDITIONAL, SERVICES This Scope of Work does not include: ■ The preparation of a signal warrant analysis and signal operations analysis. ■ The preparation of easement plans (legal descriptions) or processing. ■ Inspection services of any kind. ■ The preparation of traffic signal timing plans. ■ The preparation of as-built/record drawing plans. Most of the above services can be provided via an amendment to the proposed project fee. FEE ESTIMATE Our professional fees for the services outlined above in Tasks 1 through 6 will be billed monthly, on a percent complete basis, using the attached Fee Schedule, for a fixed -fee not to exceed $7,500.00. Details of our cost estimate are provided below: ,ta ::iivt.0 !: i Ms, Deborah De Bow May 13, 2013 Page 5. ■ Signing & Striping Plan ■ Traffic Signal Modification Plan (1 sheet) ■ Traffic Control Plans (6 sheets) ■ Special Provisions & Costs Estimates Reimbursable Expenses: Total Contract Request: SCHEDULING $ 1,000.00 $ 2,500.00 $ 3,000.00 $ 500.00 $ 500.00 $ 7,500.00. We estimate that the traffic design plans can be completed and submitted for plan check review one after we receive the updated street improvement plans fromthe project Civil Engineers. These time estimates assume that issues of direct impact are well enough defined to allow our design process to proceed effectively. To the extent possible, our work will be completed in coordination with your schedule. LIABILITY We carry appropriate liability insurance, both general and professional. and workman's compensation insurance. Should this proposal be accepted; the Client (represented by the. signature below) agrees to limit Linscott, Law &: Greenspan, Engineers' liability to the Client and to all Contractors and Subcontractors on the project due to Linscott, Law .& Greenspan, Engineers' negligent. acts, errors, or omissions such that the total aggregate liability of Linscott, Law & Greenspan, Engineers, to all those named shall not exceed $50,000.00 or Linscott, Law & Greenspan, Engineers' total fee for the services rendered on this project,. whichever is greater. AUTHORIZATION If this proposal is acceptable, you may indicate approval by signing in the space provided at the end of this letter and returning the original for our files. Alternatively, you may issue a purchase order or consultant agreement with this proposal attached as an exhibit, A copy of this proposal is enclosed for your convenience. This proposal :is valid for 90 days from the date of this letter. Please note that for the purposes of preparing contract paperwork; Linscott, Law & Greenspan, Engineers, is a DBA for LG2WB Engineers, Inc., a California corporation. :iea ., r ,- Ms. Deborah De Bow May 13, 2013 Page 6 TERMINATION The services covered by this proposal may be terminated by either party at any time by written.riotice. Upon termination, Linscott, Law & Greenspan, Engineers will stop all activities immediately, notify all subcontractors (if any). to stop work, and prepare an invoice for any services rendered but not already submitted to the client: We. appreciate the opportunity to submit this proposal and look forward to working with the City of Huntington Beach on this project. Please call us at (714) 641-1587 if you have any questions or comments regarding this proposal. Sincerely, Linscott, Law & Greenspan, Engineers Kell D. Mabe Principal California Registration: TR 1802 n f 31 L �.._t.ot' 1 .-.teh S nir_m t r,..er=':ko.. !1 I ? t Ub' - 1ioI-,tiI1 t ns _;?e;ic11 Se. ,ii: C _c' 'S& [_ 1 rti_1 1 11;. 1r:.: Ms. Deborah De Bow May 13, 2013 Page 7 PROPOSAL ACCEPTED FOR TASKS I THROUGH 6 (OUTLINED ABOVE) FOP, A FIXED FEE NOT TO EXCEED $7,500.00 WITHOUT PRIOR AUTHORIZATION. (Authorized Agent) (Firm) (Address) (Title) (Federall.D. (Date) 3; 7 fk-,;I,:� 1, 'iwnior :`�Kk I li' P- � "j-6, - a' enlo. C,n�ef 11N&F Pltp,?4. FEE SCHEDULE Effective November 1, 2007 En®�1)ai�� � Platinets TITLE PER HOURS ' fir�i►�pgrk56oti Principals""$ Principal Engineer ................... ..............$ ............................................................. 245.00 Associate Principal Engineer..............................................................................$ 210.00 unsaitii, lavaA :. . Planning/Design Manager.......................................................... ..........I .............$ 195.00 Grua span, E g:icicers 2 Ex�cu6Je Ciicla Transportation Engineers sUiteSo Senior Transportation Engineer............................................................ ..............$ 173.00 iwiRC, CASZ614 Transportation Engineer III .$ 153.00 sas'sxrt�r Transportation Engineer II.................................................................................$ 129.00 ea582W73 Transportation Engineer I...................................................................................$ 111.00 ti4 vJ1gengineers.com Transportation Planners Pasadena rime Senior Transportation Planner............................................................................$ 153.00 gan ©iegq Transportation Planner III ....................................... ..........$ 129.00 Transportation Planner II....................................................................................$ 111.00 Transportation Planner I.....................................................................................$ 99.00 Technical Support EngineeringAssociate II....................................................................................$ . 110.00 Engineering Associate I......................................................................................$ 106.00 Engineering Computer Analyst II .......................................................................$ 105.00 Engineering Computer Analyst I........................................................................$ 83.00 SeniorCADD, Drafter.........................................................................................$ 106.00 CADDDrafter III...............................................................................................$ 99.00 CADDDrafter II................................................................................................$ 87.00 CADDDrafter I..................................................................................................$ 75.00 Senior Engineering Technician..........................................................................$ 106.00 Engineering Technician II..................................................................................$ 99.00 Engineering Technician I...................................................................................$ 75.00 Word Processor/Secretary..................................................................................$ 70.00 EngineeringAide I.............................................................................................$ 53.00 Public Hearing and litigation support may be charged at 125% of the base rate. Consultation in connection with litigation and Court appearances will be quoted separately. Project -related mileage will be billed at the prevailing standard mileage rate as determined by the IRS. Subcontractors and other project -related expenses will be billed at cost plus 15%. The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. Interim and/or monthly statements will be presented for completed work. These will be due and payable upon presentation unless prior arrangements are made. A finance charge of 1.5% may be charged each month on the unpaid balance. EXHIBIT "B" Payment Schedule (IIourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: i . 1 r�;.e, Charges for time during travel are not reimbursable. C. Billin 1. All billing shall be done monthly in fifteen (1 S) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firth that the work has been performed in accordance with the provisions of this Agreement; and E) 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, CITY shall 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 CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non - approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 13-3842/99698 14 ACORD. CERTIFICATE OF LIABILITY INSURANCE 711912013"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Qeatey, Renton &Associates- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a_--- -, HOLDER. THIS CERTIFICATE DOES -NOT AMEND, -EXTEND OR O. Box 10550 -- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 'I INSURERS AFFORDING COVERAGE 714 427-6610 INSURED INSURER A: Travelers Indemnity Co. of Conn LG2WB Engineers, Inc. INSURERS: Travelers Property Casualty Co dba Linscott, Law & Greenspan INSURER c XL Specialty Insurance Co. 2 Executive Circle, Suite 250 INSURER D: I Irvine, CA 92614 INSURER E: - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PtHIUU INUIUAI ❑U. Nu 111, , rim i-11 , .� ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTft TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY DATE MMfDDIYY EXPIRATION DATE MM1DDIYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIAEILITY MADE ❑X OCCUR CONTRACTUAL 6804847LB88 INDP CONTRACTORS INCLUDED 09/01/12 - 09/01/13 RENCE $1 000 000 (Any one kej $1000000CLAIMS gDAMAGE y one person) $10 000X ADVINJURY $1 000 000 GENERALAGGREGATE $2 OOO,OOO X BFPO XCU PRODUCTS-COMPIOP AGG S2 000,000 GEN'L AGGREGATE LIM IT APPLIES PER: POLICY X JET LOC - B AUTOMOBILE LIABILITY BA4895LO14 09/01/12 09/01/13 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO ---- t� r VHD S TO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE j''� NNI 4 �ii p�1 ER GRAT , Cfty Att'T % !'��)51 EACH OCCURRENCE $ AGGREGATE $ B I DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB3753T618 09101112 09/01/13 aWC STA7U- OTH- X Y $ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPL OYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 - C OTHER Professional iability DPR9700927 09/01/12 09101/13 $1,000,000 per claim $2,000,000 annl aggr. laims Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: P2.1330067, Traffic Engineering Design Services. CERTIFICATE HOLDER I I ADDITIONALINSURED;INSURERLETIER: H+v� c���++w,. •-• •--•• • - LREPRESENTATIVES. OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach Public F, THE ISSUING INSURER WILL ENDEAVOR TO MAILS()_-_DAYSWRITTEN Works E CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TOD0SO SHALL 2000 Main Street BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR Huntington Beach, CA 92648 TIVES. RFPRESENTATIVE ACORD 25-S (7/97)1 of 1 #S6777461M379005 rx 4 w-^o lino DnDATI(1RI1fIR$