Loading...
HomeMy WebLinkAboutRMG ENGINEERING, INC - 1983-03-07 if J rq1 CONSULTANT AGREEMENT THIo AGREEMENT, made and entered into this 1 day o^ 1983, by z_:d between the CITV OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred {ta as "CITY," and RMG ENGINEERING INC. , a corporation, hereinafter referred to as "CONS[JLTANT.:c RECITALS WHEREAS, the jITY OF HUNTINGTGN BEACH desires to engage the services of an engineering consultant for the provision of a design survey for the Slater Flood Control Channel Lining Project . CC-513 and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is ¢geed by CITY and CONSULTANT as follows: 1. jgril STATEMENT CONSULTANT shall provide all engineering services as described in the document entitled Survey for Slater Channel a amended by the letter from CONSULTANT to CITY of February 11, 1983, (hereinafter referred to as Exhibits "A" and "B" respec tl.vely) which is incorporated into this agreement by this reference, Said engineering services {hereinafter referred to as "PROJECT"} shall include, but not be limited to surveys, investi- gations, consultations and advice. F i '.}I al .:.' . CONSULTANT shall attend and assist in all coordination meetings. CONSULTAXT sLi I designate a registered civil engineer who shall represent it and be itz sole contact and agent in all c:onsu'_tat-lons with. CITY curing fuixillment of the terma of this agreement. i DISPOSITION GF PLANS, ISTIMATES AA Uf3Tiic R I3t,; E�fiS CONSULTANT agrees t la-. all original. drawings, reports, both field and office notes, calculations, maps and ether documents, sh611 be turned over to CITY upon any termination of � PROJECT, 3. INDEMKIFICATI N. FENSEHOlU HAP%LIES CONSULTANT hereby agrees to defet,d, .ndemnif'y and hold harmless CITY, its officers, agents and employees, from and against any and all liability, damages, oasts,, lasses, claims ati expenses, however oa:used, ressrlting directly or, indirectly from or connected with CONSULTANT'S performance of this- agreement, (including, 0vt not limited to sueh llabi.lit� , ^ ,st , damage, lnss, claim, or expense arising from the death or injury to an agent or, employee of CONSU LTkINT, subcontrac'.or, or of CITY or damage to the property of CONSULTANT, subcontractor, or of CITY or of any agent or employee of CONSULTANT, subcontractor, o:x of CITY), ax, It where such liability, damage::, r'o ;ts, losses, cls .ms top expenses a4, paused solely by the negligent or, wrongful acts of C:TY or any of its agents or employees incluaing negligent omissions or oommissi.ons of CITY, its agents or 2 .. Y 3% r g employees, in connection wit the general supervision or direction of the work to be performed hereunder. 4. WORKERS' COMPENSAIION z CONSULTANT shall --omply with all of the provisions of the Corkers' Comoensation Insuranoe and Safety Acts of the State Idµ } F F of California, the applicable provisions of Division u and 5 of the California Go, ernment, Code and all amendments thereto; and f all similar state or federal acts c— law- applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, procee€tiogs and udR-- m nts o.' every nature and description, including attorney's fefs and costs presented, brcight o.- -ecuvered against CITY, for or on account of any liability under any of said acts whieh ay be ineuvred by reason of Any work to be performed by CONSULTANT }tinder this agreement. 5. INSURANCE In addition to the Workers' Compensation insurance and ` CONSULTAIT'S agreement to indemnify CITY, CONSULTANT shall furnish to CITY and maintain 4n force until th•z completion of PROJECT a policy of 6,�,nera3 :viability insurance in Waich CITY is named as an addrional. insured. The policy shall indemnify CITY, its of'ficer;3 and employees, while acting within the scone of their duti6s� against any and all claims arising out of or ir, connection vith PROJECT, The policy shall provide covertage in not less than -the following amounts. Combincd :3iiigle limit bodily lnjory and/or property damage of O3'300,000 per ocal, rence. Such i polio, insurance shall specifically provide that any other in .,ancz coverage which may be applicable to the loss shall be deemed excess coverage and CONSULTANT'S insurance shall be primary. A certificate of all sunah insurance poli^ies required E4 } by this agreement shall be delivered to the City Attorney prior . :, to f:he commencement of any work and shall be approved by her in � writing. No such :nsurance shall be cancelled or modified without thirty (30) dsys' prior written notice to CITY. 6. INDEPENDENT CONTPACTQR CONSULTANT is, and small be, acL4ng 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, sonial security, state di4a- bility Insurance compensation, unemployment compensati-,n and other pey_^oll deductions for CONSULTANT and it: officers, agents and employees and all business licenses, if any, in connection with the servioers to be performed hereunde,,. 7. CITY ST.& L #CSLS,_TAt 4 "'ITT shall assign a staff" coordinator to -rk directly with CONSULTANT in connection with t`Ie work of thin agreement. 8. PE ,Q IISION FOR YF3uNT In consideration of the performance of the above described engit,eering suNovices, CITY agrees to pay CONSULTANT the sum of Two Thousand Yive Hundred Fifty dail,ars ($2, 515U.QO) . payable upon acceptance if the design survey ''�y the CITY. 'y 9. DURATION OF AGREEMENT Time is of the essence of this contract. CCNSULI.ANT egress to commence the PROJECT within five (5) calendar days after notice to proee_ , .is ;given, and shall diligently prosecute V it to compietion within forty (40) calendar days from the execution of this agreement. 10. EXTRA WORK In the event of autnorizati.on, in writing by the City � Engineer, of changes from the work as indicated in Exhibit "A" ,r for other written permission authorizing additional work of contemplated herein, additional compensation shall be allowed for sunh extra work, so long as the prior written ap�;ro,val of CITY is obtained. 11. TER. N JIOE CONTRACT All work ahall be done in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause, and whether or not PPuJECT is fully complete. dry termination aad arty spe;:ial instructions hereunder from CITY shall be made through t1he City Engineer, and ir: writing, which may be deliverer) in person to CGNSULTANT or ma-led through the normal course of mail to its now-established business address. In the event this ,agreement is terminated, all drawings, designs, specifications and appurtenant data may be use€ by CITY. tf 12. SUBVQNTRACTQRS j This agreement is a personal service contract and the supervisory work hereunder shall not be delegated to any person or entity without the consent of CITY. '- C N: 3. An ITTONAL PRt}VI5IbN5 CONSULTANT agrees that no regular erapioyee of CITY �h� shall be employed by its firm during the time chat this agreement is in affect. i= IN WITNESS WHEREOF, the parties hereto have caused this agreetw^nt to be executed by ind through their a athc^ized officers � the day, month and year first above written. CCNSULTfiNT: CITY OF HUNTINGTON BEACH a mun ilcipal oorperation r ff Jahn nand; President, Mayor (: rry Clarice, Senior Vioe President ATTEST: .,,?PROVED AS TO FORM; City Clerk C try Alt iwy REVIEWED AND APPROVED:: .,. INITIATED AND APPROVED: City Adininlstra r -Director, Publ is We tlks c• $e . SUT,�5i�, I-OR SLATER alk'JINML 1. Use Vertical and horizontal c i..sol established by City. 2. Cross Sections A. Lixrits - fence to fence and service road., t^,'o Graham. B. Frequency - 50' internals z�nd transition locations. C. tAil shots relative to control r � 3. corplete 7bpographic Survey of P.,cisting wanel A. Existi.'q Transitions at ; rangda'e and Grahxn.; couplete vertical and horizontal detail. B. Exis`ing forekay deta}.' e detail vertical and horizontal. ; b C. (. atlet structures amc� cete s'abs. a ,ertical contr i a asui sc5*tit, of al;. pipes aid all wall corners. x 2. iiiri :4nt31 -,cat; w fnalxx s incluri g angle of em— y of all pipes , r ?atz u_t c.:mtrul D. Fences ...:.' 'NAll s 1. Eiori.zcntal lo-at,Gn. 2. .'ertica . ccntxr�l ciii base of fe _. gall. 3. '1,W of fence'Fatl, Channel site r n1v reaw red an s ldC of sar-ice roan. Survey on tract Life of walls not m: --d E, kas re ivy vegetati.cn limits W"o �3pr_mgdtale, Sf ide of ch'i., ol. 4. Errors and 0-nissiOns Insurance rr;wirotl. 5. i.a;p 5= price for unrk ecifie:d. 6. `Ir by sqi plied: A. Sur 'y notes l. 3'11 ;e 11 fot a e'3:: 2. Bross-s a' ctl r s 4, Details Of t ilctCrcts, (.-tc. L2'. CrCaS" 'Ctir, !:)M9t.l .i ns lintc.-I m otli .sides of C41--winel with station numbers. SL:e wid Faaint to L�LI.% pric Y 7,, Perin writ with:n 10 ca>erdar d-�ys aftex- p.C. iss u ccrplete vx rk, no later than 40 calendar days after !,.c=. issued E c ensic=ns us TiTw for rain days when written req C��`d by City Engir;ecz. r _ +M _ I ram: rt crmfo L-k,,ddy martin Conpam; e,^�t:rwrar: E>.,o1_.yers InS Co 1t s8g rllshire Los Angeles, Cl L' Symcon Marine Corporation, .W; Engineering, Inc.. Cc�n!Fn--1_c:ate,! r cer Dredging Inc. 17961 A Cowaxi Avenue ' Irvine, Ca $2-J J4 AUTOSTSiLf _. l.,Y�i'4c V7T �f' �f0 C1�...B RA. ♦ ^f' !'A6 r �' t $3 x ,x 100,000 RS k µ zir 1983 X�i.''S�Ss}L?S?:3#CK.}fi�a�C,{�«'^,+�'T�''•;SG:C�t�.�a ti.�'%:C;{1d.3'C�,�7°o'it}[.4:.,`r�rX 7w.�K?"a�hwl!}%�::ti X:v. a 926 i mb FLL Gp,Hutton City Attoi;fily Cov Af orn-v 1, 0 M,x 191) CITY OF HUNIINGTON j01ut(-. 4b BEACH,CALIFORNIA HtpynoRr8"ch Ag10Aa ly Co t mi M.clou.,0 pptoAt A MUNICIPAL CORPORATION Thin it to certify that the policies of insurance as described below have been issued to the insurod by the undersi-Vied and are in force at ftz time 11 that& III are cancitliad or changed in such a manner that veil offAct this terttficzte,the insurance comp4Ay j)9repS to give 10 days prior WrItivri notice,by mail,to City of Huntington Beach P O Box 7 11,1-luntiIngton Stach,Cal4orrna 92W AL1 ITEMS MUST 13E COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DA—ED BY AN AUTHORIZED 13EPRESENTATIVE OF THE INSURAUCC COMPANY AND MUST BE APPROVED IN WRITING by THE Cl TY ATTORMSY Name of Insured RMG ENGINEERING INC Address offrisuied 17961 `W COWAN IRVI.NLE., CYJFORNIA 92714 Location of Work or Opera ion,-to be performed _SLATED; CHA4NEL-SPRIttGDALr.-,*IEST.ERL-Y..-',*O PUMP STATION Docription df Work or Onerations SUFVEY OF CHANNEL TO INCLUDE TOPO AND CROSS SECTIONS OOLICY OATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective ExprraUarr Jn Thc.-it;inds;(0001 (tNSJ GENERAL LIABILITY 801254 1011,3/V -W13/83 1,000,000 DESIGN PRC'�ESSIONALS IXJ COMPREHENSIVE FORM CSL S. INSURANCE CO IJX I PRIF.MISlif-OPERATIONS Each 0c:4rsncd I EXPLOSION AND COLLAPSE HA.ZARO I UNDERGROUtia HAZARD JX) i-RODUCTS COMP,ZTEO Oft;ZATIONSKAZAR0 4 IXI I CONTRACTUAL INSURANCE IX) SAOADFORM PROPERTY OANIAGE IXI 1I?AOEPtNOt:NT ONTRACTORS 710001000/ f ESIGN PROF";SS 101NALS IX) PERSONAL'NJURY 1 101000 DM INSURANCE CUMPANY X RAME-SS4= $01254 10/33/82 10/13/83 L-W:AM I IrTV AUTOMOBILE LtAWLITY 1XI COMP"EHt1Ir1fV:z FORM T 1AC5056860 17/83 1/1/84 600,CO0 GULF 114SU;AIICE CO IXI HIREO Each OccuriiI txt NON-OwNEC? EXCESS LIABILITY f I V&49RCLt,A FORM OT"R THAN !S-- %JMJ3RCLLA FORM WORKERS!COW-ENSATION EMPL0YEFW LIABILITY - -`:= , 11 � r­—.1 1-11 ��-74;Z =,,_- —I=—M` �'; -.-,- -I,-- �— t Additional Insu t i Encsorsoment: The mwier save,` that the City of Huntington Dimch and its City Council,andjor all City Council appointed groups,committees, commissions,boards and any other 01Y Covicil appointed body,and/or Ploctive and appoivitive offmers,servants of -poyvo of the City cA Huntington Beach,whoa octirig as such are additions nsureds herauhtler,for the of the insured.and suco insurance ihalf in primary to any isisurance of the City of Huntington seaek.11 the.r i intdrmt may top Date February 16, 1983 AVTH K ES INSqfWAhCE COMPANY INSURANCE COMPANY LR y R.D1 CRMF11 'ICE AGENC MEL-k�Vis E r-ENC lqama� --,--- , Ibdrltxtgr nvrNU fL,13-- Aock-%4 city COSTA MESA, CA 92626 City rutaphans 4 5 b 7-_S?3 HOLO HAfWLES;�Ar4REEMENT (to be txftvted by insured) k1*0 -P �410E C01,1�11ANY ,31 Tho imurod Jou the City of 8"C41 its --,,oqr4"to,PrOt*Ot,defend,indittrinify,*save,and hold hatro, oRicerlk,agents, aritl frnpiloyiI a0wt any hawlity, to dze co f or expiense by reason of any and all i tabitity,su;ts,claims, dfnU04.)udqm*"0 and ceases of a is caused try AS I em; yoot,agents or any subcontractor or by arty third party ariV.oq IDUT Of Or in C*0stqUCnCf of the all or any rrperai1u-iris ora4sijvAy for.Which this certificate of insurance isfurnishod. 111$014 Praprtvtorshg,4 121"Ov"riihip irtal President By IiI 14d ±101.0 HARMLk$SS,0r4EO,, ,Wt r4rot*shot t.*peowed or typ*d ay Im iatst.- 41 -Ludlt�j 000"*,Vh If OWPOr4tign-TWO OffIC40 MI'st$10n.of Prti"rtt evidence of authomniftan to bind Corpora-in, } a i "�. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK f �r. r n It J. March 17, 1983 t RMG1 Engineering, Inc. 1/7 7ij A n. viJvian Irvine, CA. 92714 Pie City Council of the City of Huntington Beach at its regular tweeting held March 7, 1983, approved an agreement between the City W your firm to ;perform the design survey for the dater Flood Lontrol Channel Lining, Enclosed for your records is a duly executed copy of the contract and Oe certificate of insur?nce which you provided to us. Alicia M. Wentworth Ci ty C1 erk 'I fiMW.bt Enclosures tv� ism-sxa71 ,_ r t REQUES'i FOR CITY COUNCIL iGPON Date February 10, 1983 .4i"PROVY'D BY CITY CoiiiTSubmitted to: Honorable mayor and City Council " p tl 1 Submitted by: Charles Thompson, City Adwinistrato_ + Prepared by: Faul E. Cooky Director of PublicWorks Subject: Selection of a Professional Surveyor to Perform the vesign Survey for the Slater Flood Control Channel Lining, C ' 613 4 E Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Stateraent os issue: F Proposals were requested from qualified sur.-eying consultants to provide a design survey for the lining of the Slater Flood Contr:-:i hannel, west of Springdale. Proposals were received on. February 1.0, 19�.3, and have � been reviewed by the City staff. Reconunendation Approve the selection of PUS^. Engineering, incorporated of Irvine to prepare a design survey for the subject project, and authorize the Mayor and City Council to execute the agreement and establish a design budget of $3,000.00. Anal s: This section of flood contr:�)l channel requires lining to be improved to its ultimate design. Pursuant to Chapter 3.03 "Professional ,3ervices" of the Municipal Carle, engineirr.rq services for performinq a design sur-v'�y were solicited, and proposals were: received from three enq'ineerinq firms. Based on the estimate of uity staff cost for this work and the proposals received, RMG nrgineerin,4, incorporated of Irvine is being recommended for selection, Fundingg Sour-O.; _ ycc,)unt No, 826130 -- Slater Flood Con4..ol Channel Liniiw Alternative Actions: 1. bens approval of RMG igineerina, Inc. and select one of the rather firms leaving submitted a pro??osal. 2. ]deny approval of all. firms who sub;i3itted a proposal and solicit additional proposals, 3< fake alternate direction from the Council Attachments: 1. Fro4 ect Location Ma 2, Cons-Ita,n;: Agreement u. , i C5— SC4 CHANNEL LINING SL A TER PUMP STATION TO SPRINGDAL E STREET • E ` WARNER _ x . ,� .X .., ... i. 1a t P�k43 F2 ». y ... .......:.-.-. *.i';-...--- mac' .r.,.:,,a,•a�+ -: n CFI 3«23 y. (f PROJ6"CT I—OCATION—�----ell- Rl R � n €o f �;Rl z el ,Ft t� >' a fl y Ft Rl R k r fit �'•w ! CO— 613 I JGj INC. �* Q01 Engineers, Planters & Land Sdmyom 17961-A COViAN ; 4RVVNE, CAUFORNiA 3-2 1.4 - ?'iGNE i714', X`3-=` " v Frbruary 11, 1383 Job No: 488-04U'O �F Mr. Paul Cook, Director of >ubl..i.r, 1%7,.,rks �• City of 'Huntington Beach PO Box 1.90 z Huntington Beach, CA 92648 RE: Sr,pVEy FOR S TER CHANNEL .Dear Mrs Cools: We propot? ;e tQ per.":'arcs the survey of he Sliter lh•_";i2rel for y (.p�2 L. �y y� Ya a the Oit'y of Hantin4tc,-:i Bsa?�.,.h in a cc,:"'x':�;::tu3ce Seri`.h the attached data sheet for a fee r�f a2,55€ -00. It is t2 2ders tcio d that iter'i 3-S rei ns to the k xi', t im; at the "t` .3.n C?: l iv, item, 6A2 IF'.E ans distance from ct.-atre.-A (`{kn ter lim? and t'levc'31:i' n only, and iter2i 6-B does not ajply wt', le only chain link fer•%, exists, We lock forward to this opportunity to work t0 th you. Very truly ;ours J.K. sand, 'nzz President r! � y