HomeMy WebLinkAboutRMG ENGINEERING, INC - 1983-03-07 if
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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.
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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
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employees, in connection wit the general supervision or
direction of the work to be performed hereunder.
4. WORKERS' COMPENSAIION
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CONSULTANT shall --omply with all of the provisions of
the Corkers' Comoensation Insuranoe and Safety Acts of the State Idµ
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F of California, the applicable provisions of Division u and 5 of
the California Go, ernment, Code and all amendments thereto; and
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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
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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
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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.
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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.
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12. SUBVQNTRACTQRS
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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. '-
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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.
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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
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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
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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.
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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
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t $3
x ,x 100,000
RS
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1983
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Gp,Hutton City Attoi;fily
Cov Af orn-v
1, 0 M,x 191) CITY OF HUNIINGTON
j01ut(-. 4b BEACH,CALIFORNIA
HtpynoRr8"ch Ag10Aa
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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`
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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
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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$014 Praprtvtorshg,4 121"Ov"riihip irtal
President
By IiI
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±101.0 HARMLk$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,
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"�. CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
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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
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Enclosures
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REQUES'i FOR CITY COUNCIL iGPON
Date February 10, 1983
.4i"PROVY'D BY CITY CoiiiTSubmitted to: Honorable mayor and City Council "
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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
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Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Stateraent os issue:
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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
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C5— SC4 CHANNEL LINING
SL A TER PUMP STATION TO SPRINGDAL E STREET
• E ` WARNER _
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CO— 613
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JGj INC.
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Q01 Engineers, Planters & Land Sdmyom
17961-A COViAN ; 4RVVNE, CAUFORNiA 3-2 1.4 - ?'iGNE i714', X`3-=` "
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Frbruary 11, 1383 Job No: 488-04U'O
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Mr. Paul Cook, Director of >ubl..i.r, 1%7,.,rks �•
City of 'Huntington Beach
PO Box 1.90
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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
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