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Home My WebLink AboutRMG - Engineering Inc - 1987-07-20I' CITY OF HUNTINGTON BEACH ENGINEERING SERVICES AGREEMENT FIFTH STREET REALIGNMENT THIS AGREEMENT, made and entered into this x day of , 1987 , by and between the CITY OF HUNTINGTON BEACH, a municij corporation of the State of California, herein- after referred to as "CITY, " and RMG ENGINEERING, INC . , a California Corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY desires to engage the services of an engineering consultant to provide assessment engineering and design services for realignment of Fifth Street from the intersection of Fifth and Lake Streets to Sixth and Orange Streets, and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows : 1 . WORK STATEMENT CONTRACTOR shall provide all engineering services as described in the Request for Proposal and Technical Proposal and Fee Proposal, dated May 29 , 1987 , and submitted by CONTRACTOR (hereinafter collectively referred to as Exhibit "A" ) , which is attached hereto and incorporated into this Agreement by this reference . Said services shall sometimes hereinafter be referred to as "PROJECT. " CONTRACTOR hereby designates Joseph Hartle, who shall represent it and be its sole contact and agent in all consulta- tions with CITY during the performance of this Agreement . 2 . CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the prosecution of this Agreement . -1- 3 . TIME OF PERFORMANCE Time is of the essence of this Agreement . The services of CONTRACTOR 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 four (4 ) months from the date of this Agreement . This time may be extended with the written per- mission of 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 benefit the PROJECT if mutually agreed by CITY and CONTRACTOR. 4 . COMPENSATION In consideration of the performance of the engineering services described in Section 1 above, CITY agrees to pay CON- TRACTOR a fee not to exceed Fifteen Thousand, Four Hundred Dollars ( $15 ,400 ) . 5 . EXTRA WORK In the event of authorization, in writing by CITY, of changes from the work described in Exhibit "A, " or for other written permission 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. 6 . METHOD OF PAYMENT A. CONTRACTOR shall be entitled to monthly progress payments, on the basis of the percentage of completion, toward the lump sum, set forth in Section 4 herein in accordance with the progress and payment schedule set forth in Exhibit "A. " B . Delivery of work product: A copy of every technical memo and report prepared by CONTRACTOR shall 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C . CONTRACTOR shall submit to CITY an invoice for each progress payment due . Such invoice shall 1 ) Reference this Agreement; 2 ) Describe the services performed; 3 ) Show the total amount of payment due; 4 ) Include a certification by a principal member of CONTRACTOR'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 CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, 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 CITY does not approve an invoice, CITY shall notify CONTRACTOR 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 -3- • • past performance by CONTRACTOR 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 CITY shall be invoiced separately to CITY . Such invoice shall contain all of the information required under para- graph 6C, and in additional 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 satis- fied 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 perform- ance of the remainder of this Agreement. 7 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CITY acknowledges that CONTRACTOR'S plans and specifi- cations are instruments of professional service; nevertheless, CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents shall be turned over to CITY and shall become its property upon PROJECT completion or earlier termination of this Agreement. In the event this Agreement is terminated, said materials may be used by CITY in completion of the PROJECT; however, CITY agrees to hold harmless, indemnify and defend CONTRACTOR against all damages , claims and losses, including defense costs, arising out of CITY 'S re-use of -4- • • CONTRACTOR 'S plans and specifications, except in the completion of the PROJECT in the case of termination hereof, without CONTRACTOR' S prior written authorization. 8 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR 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 from contractor ' s negligence or willful misconduct in their performance of this agreement . Any concurrent negligence or willful misconduct of city, its officers and employees shall in no way diminish CONTRACTOR' s obligations hereunder . 9 . WORKERS ' COMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indem- nify, 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 CONTRACTOR under this Agreement . 10 . INSURANCE In addition to the Workers ' Compensation Insurance and -5- CONTRACTOR' S covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance. A policy of general public liability insurance, in the amount of $1 ,000 ,000 including motor vehicle coverage. Said policy shall name CITY, its officers and employees as additional insureds, and shall specifically pro- vide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR' S insurance shall be primary. B . Professional Liability Insurance. CONTRACTOR shall acquire a professional liability insurance policy in the amount of $1 ,000 ,000 per occurrence and in the aggregate covering the work performed by it hereunder . 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 without thirty (30 ) days ' prior written notice to CITY . 11 . INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor . CON- TRACTOR 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 CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with -6- the services to be performed hereunder . 12 . TERMINATION OF AGREEMENT All work required hereunder shall be performed in accord- ance with the standards of the profession for similar profes- sionals performing services in this area at this time. CITY may terminate CONTRACTOR'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 City Engineer, notice of which shall be delivered to CONTRACTOR as provided in Section 16 herein. 13 . ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY . 14 . COPYRIGHTS/PATENTS CONTRACTOR shall not apply for a patent or copyright on any item or material produced as a result of this Agreement . 15 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code Sections 1090 , et seq. 16 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 herein- -7- above) or to CITY 'S Director of Public Works, 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, addressed as follows: TO CITY: TO CONTRACTOR Mr . Paul Cook Mr . John Mandrell Director of Public Works President CITY OF HUNTINGTON BEACH RMG ENGINEERING, INC . 2000 Main Street 17961 Cowan Huntington Beach, CA 92648 Irvine, CA 92714 17 . ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed by and through their authorized officers the day, month, and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH RMG NGINEE ING, NC . ohn Mandre 1, President Josep H rtge, ice President T ST: yED aATq, FOR City Clerk Cit. Attorney jREVI AND APPROVED: INITIATED AND APPROVED: P oe _ae_ -> ty Administrato Director of Public Works -8- • RMG ENGINEERING, INC. Civil Engineers & Land Surveyors 17961 COWAN • IRVINE, CALIFORNIA 92714 • PHONE (714) 863-9390 May 29, 1987 187-0064 Mr. Jack Miller City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Proposal for the Realignment of Fifth Street Dear Mr. Miller: RMG ENGINEERING, INC. is pleased to submit this proposal to provide professional engineering services on the subject project. We are a qualified team of professionals with the necessary experience to perform the required tasks. The undersigned will be the Principal in Charge and Mr. James Bolton, P.E. , will be the Project Manager. We have extensive experience in the design of municipal engineering projects, especially for the City of Huntington Beach. Attached is our Scope of Services for this project. We propose to provide these services per the attached fee schedule for a lump sum of $15, 400. Invoicing shall be monthly. We appreciate this opportunity to serve the City of Huntington Beach and we look forward to working with you on this project. We hope our proposal is self-explanatory; however, if there are any questions or you need further information, please do not hesitate to contact us. Sincerely, Arj�— Joseph Hartge, P.E. Vice President JH/rjb (r) EXHIBIT" ; 187-0064 CITY OF HUNTINGTON BEACH FIFTH STREET REALIGNMENT SCOPE OF SERVICES 1 . Provide topographic survey for design purposes. 2. Prepare legal descriptions and exhibits of the right-of-way requirements for the new street alignment. 3. Prepare and process the construction drawings (plan and profile) for the realignment of Fifth Street from the intersection of Fifth Street and Lake Street to Sixth Street and Orange Avenue, including: a. Relocation of existing traffic signal facilities at Fifth Street and Main Street. b. Closure of through traffic at Fifth Street and Main Street and at Sixth Street and Pecan Avenue. C. Relocating the sewer service from the library. d. Installing a new water main along the new street. e. Coordination with utility companies for possible conflicts with their facilities. 4. Prepare and process a landscape and irrigation plan per the exhibit provided by the City. 5. Prepare and process the Special Provisions of the Construction Specifications. 6. Prepare a preliminary and final opinion of probable construction cost. t AH I B Is s 187-oo64 RIVIG ENGINEERING, INC, Civil Engineers. Planners & Land Surveyors 17961 COWAN • IRVINE, CALIFORNIA 92714 • PHONE (714) 863-9390 STANDARD FEE SCHEDULE (T & M) Effective March 1, 1987 Compensation of RMG ENGINEERING ,INC. , for work performed on a time and material basis will be computed as follows: I. PERSONNEL SERVICE FEE Hourly Rates Principal Consultant $ 98. 00 Principal 85. 00 Associate Surveyor/Manager 75. 00 Associate Project Engineer/Manager 75. 00 Assistant Project Engineer/Manager 60 . 00 Survey Analysis 60. 00 Civil Engineer/Senior Designer 55 . 00 Engineering Designer 50. 00 Project Administrator 50 . 00 Designer/Draftsman 45. 00 Draftsperson 40 . 00 Assistant Draftsperson 35. 00 Other Offica 35. 00 Survey Parties: 3 man party 150. 00 2 man party 120. 00 Consultation in connection w/litigation 150. 00 Fees for specialized consultation and services or operating special equipment will be provided upon request. Standard hourly rates or fees are for straight time only. Overtime rates shall be 1-112 times said standard rate. Sunday and Holiday rates shall be 3 times said standard. rate. II. MISCELLANEOUS' FEES Transportation and pick-up and delivery services $ .30 per mile ($5 minimum) . All other, expenses, such as: Subcontracted Services Traveling cost and expenses Long distance telephone calls Commercial deliveries Printing COST PLUS 20$ ,� A late payment fee will be computed at the periodic rate of 1 . 5$ per month, and applied to any unpaid balance commencing 30 days after the date of the `ate original invoice. , _?� v CONSULTANIf CLIENT SS4 \ �:•'"'...f.$iic' ';3 _f ,4 ,: i c.s.1 Ali'+a }_,,. �� :v M .: 1 try (j.�, ` /]' .. .. 4k -12--8 7 ? �-D11TFDu-?2�3t�k - ter• J .� `" --- -- P .OD,;CEF THIS CERTIFICATE IS ISSUED AS A MATTER Df N4tOFh T O�3LY A'+G G.'.= <S NO RIGHTS UPON THE CERTIFICATE HOLQPA�'TtHIS'CF,7r Td DOES NOT Abt_t.D. I EY.TEND OR ALTER THE COVERAGE AFFOR9EJE,y,Tkk-*POLICIES L'ELOW. R. D. CROY/ELL INSURANCE AGENCY t 3151 Airway Avenue B3 COMPANIES AFFORCING COVERAGE Costa Mesa, California 92626 (714) 557.5234 CO1—— Q Daign Prl,o6e,66io)zaf.s I{lz Co. — LETTER �:J...-._D --- - COMPANY ��• � 5 Rt1G Eng.u2eMi.)2g, Inc. LE i ER 17961 Cowan =` -n'y I `w TpL Lc,iERNY 1'�ls� n �1CJf,�1CyVAtVOS u , v e s cornPAr;Y ,� BY= LETTER � THIS IS TO CERTIFY THAT POLICIES OF TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECTTO THE INSURED NAMED ABOVE OT R THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTT,, UED O 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 CONDI- TIONS OF SUCH POLICIES. POLICY EFFECTIVE POLICY EXPIRATION ALL LIW7.S IN THOUSANDS CO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MM/DDIYY) �Et;EaAL Ac�RE6�TE S 1 000 GENERAL LIABILITY $ 1�000 A ?ROOUCTS�COh!'rD?S AGGREGATE COMMERCIAL GENERAL LIABILITY oERSO':AL d AOVERT:S'NC INJURY $ C,AMISMADE FV I CJJRREWE PL 62037901 10-1,3-86 .10-13-�7 1 EA �,o��uRREt:i,E $ rNNE R'S S CONTRACTOR PROTECTNT . FIRE DAMAGE(ANY ON-PRE; . 2 5 MEDICAL EXPENSE(ANFY ONE PERSONI $ AUTOMOBILE LIABILITY CSL $ ANY AUTO ALL OWNED AUTOS BODILv INJURY s�x SCHEDULED AUTOS (?c PERSON( $ ?s NJURY d HIRED AUTOS c NON-OWNED AUTOS GARAGE LIABILITY PRµ $ ° 4, EACH 4v�RE�A'E EXCESS LIABILITY OCCURRENCE ro OTHER THAN UMBRELLA FORM STATUTORY t WORKERS'COMPENSATION $ AND $ I^!SEASE EMPLOYERS' LIABILITY $ (DISEASE E^Cr OTHER A �.o�e3s�a)ia� Liabi.�i PL62037901 10-13-86 10-13-87 $1,000, each clam 9 ill the gg g x te E OF OPERA NS �" ZI ��S%VEHICLES?RESTRICT( NSISPECIAL ITEMS "ion Pno�e��co►ui Lcab�c, city cove,=ge, tie aggreggate Limit i6 the zone ivv�u�cance avaiEarZe ;'e cla,un6 ptLuemte.d within the poticy pe��.i.od dot a,P.e opcAati.on-6 o6 the uwuted." The aggtegateJ �irn-ite o' La.biZ ty shown on thi.6 eetzcJicate ate -subject to rLedu.ction by paymentz, Got . 066 of expe)v6 e tctated to other c Zaiw, -i.s any, made in the same pot i.c eA,4-od. XiLb pi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EX 4 Cry Hunti,,igton Beach PIRATION DATE THEREOF, THE ISSUING COMPANY WILL fE �XxJC ! A 1el2 Ed BaLhZy MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TC THE "000 ','ac.n S�. LEFT. �Xxxx. XXX%cx xxxXXXx.�XXXXXal3e=XX'XZ-t - x II-ton Beach, CA 92648 cxxxxscxxxaaxxzxxxxlea�xa�xxxz x x�R�I z x �� _< I JC(J F,-1Ctiro{1 77 ..;.:.. }.•i� � . ._ -. .-.�...� ._ ' STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JANJARY 27r 1vL7 i�` POLICYNUMBER: ]yi —=� .1 :I T 0030355 j CERTIFICATE EXPIRES: 7-1 —S7 CITY OF nJNTINuTON 3uILDINa DIVISION., ?KD FLOG? ATTENTION : ED 3A,RKL=Y ZO^J MAIN STR: �T JO3 : ALL OPER.A.TIONS v :s HUNTINGTON BcAC' t CA ?2�4� L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance;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. ►/�� PRESIDENT EMPLOYER I SYNCOPJ MART= : Or�C�.47IOh DMA. R .M. G. _N%IVIEh' I':Gr .. .inn N L + OLD 262A S2I ._2C (a= _;. 4 • CITY OF � HUNTINGTON` BEACH 2000 MAIN STREET CA��FORNIA 92648 OFFICE OF THE CITY CLERK July 22, 19B7 Mr. John Mandrell President RMG Engineering, Inc. 17961 Cowan Irvine, CA 92714 The City Council of the City of Huntington Beach at its regular meeting approved the Engineering Services Agreement between the City and your firm for the Realignment of Fifth Street. Enclosed is a duly executed copy of said agreement. Alicia M. 'Wentworth City Clerk AMW:CB:js Enclosure cc: Don Noble-Department of Public Works Paul Cook-Director of Public Works Wayne Lee-Finance (Telephone: 714536-5227) � wo b/e REQUESOFOR CITY COUNCIACTION eaokr Ni. LEt Date July 8, 1987 Submitted to: Honorable Mayor and City Council G1L Submitted by: Charles W. Thompson, City Administr4rl -- IyGO Prepared by: Paul E. Cook, Director of Public Workyd�� /f�19 Realignment of Fifth Street l z Subject: 9 cirY cLT Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Proposals were requested from qualified civil engineering firms to prepare plans and specifications for the realignment of Fifth Street from the intersection of Fifth and Lake to Sixth and Orange. RECOMMENDATION: Approve the selection of RMG Engineering, Inc. and authorize the Mayor and City Clerk to execute the attached Consultant Contract for a fee not to exceed $15,400.00. ANALYSIS: The realignment of Sixth Street between Orange Avenue and Lake Street was established by a precise plan and is included in the city's Master Plan of Arterial Highways. Construction of this street will complete one of the links in the downtown circulation system. FUNDING SOURCE: Sufficient revenues are budgeted in the 1987-1988 Redevelopment Program - "Townsquare Improvements" to cover the costs of this consultant contract. ALTERNATIVE ACTION: Deny approval of consultant contract and the appropriation of funds from the unappropriated general fund and direct staff on how to pursue the completion of this master planned realignment. ATTACHMENTS: 1. F.I.S. 2. Location Map, Precise Plan of Realignment, and proposed typical cross sections. 1304g P10 5/85 _ • • AMENDMENTS F,�IND CITY CIRCULATION PLAN OF ARTERIAL gDIY54pi COWgL _ s s STREETS AND HIGHWAYS �.. ADOPTED BY CITY COUNCIL RESOLUTION NO.4368—DEC.12.1976 LEGEND: FREEWAY STREET CAPACITY �° MAJOR 45a000 FADMN1 ..E PRIMARY_ _3Q000 SECONDARY _20,000 NOTE: SOLID LINES INDICATE EXISTING RIGHT OF WAY NOT NECESSARILY ULTIMATE RIGHT'OF WAY All PA DASHED LINES INDICATE AREAS WHERE-NO RIGHT OF WAY EXISTS �%�„J. i a+ AVE CITY OF ° HUNTINGTON BEACH — ORANGE COUNTY CALIFORNIA 95 J MILE o xo zcw aaw szeo FEET C-NY-9D V c' ,< If��iz ZO g CCza / L Fps + �t Z!� . .a % x L.. k I , n •�� ID -75 Qr�• �� /' \ \ W z W NI LU LL 40-40'W Rrtil 3 3T5 ,p 8 _8 as ID -- i $ 3 r�. w... _+anon' — z -p( z 0 r; vi � J I C a Q tl� � u! a 'rym VE= z- W �17�0$. O! �� IV U 'Y I� Z8 U! �a 7 /W xg U b_i O R Dt ID 110 01 s r < a 7.. LO Lo to Lu Lu oz �► IL P) z 7 pOp�� U I 0In 7 y D U�_i u I n F ?5 —6 i o � i �4 o� IDS I S kA NJ N i IV m ra - o � � O Ulf I > I� W E I oWC a