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HomeMy WebLinkAboutWESTON PRINGLE AND ASSOCIATES - 1978-07-05 �/ �Icir;d yonYon.1 } Y �a A G R E E M h' N T THIS AGREEMENT, made and entered into this day of , 197 by and between the CITY OF el HUNTINGTON EACH, CALIFORNIA, a municipal corporation, herein- after referred to as CITY, and WESTON PRINGLE AND ASSOCIATE , a licensed firm, hereinafter referred to as CONSULTANT,: R E C' I T A L S: 1. The City Council of CITY is authorized to engage the services of a professional engineering consultant for the .,erformance of necessary engineering services for and on behalf of CITY; and 2 It is necessary and desirable that professional engineering services be performed for CITY as more specifically described in the Request for Proposal for tl,c design of traffic signals at various locations, hereinafter referred to as PROJECT. Said proposal is attached hereto,_ marked Exhibits "A" and 11B,11 and by this reference incorporated herein and made a part hereof; and 3. CONSULTANT shall have that degree of specialized expertise contemplated within California Government Code Sec- tion 37103 and shall have all necessary licenses therefor to practice and perform the services herein contemplated; and 1. IG:ahb '/1E/78 4. CONSULTANT _agrees 'to perform the engineering services necessary for this PROJECT; and 5. CITY hereby employs CONSULTANT to perform the following services as required by PROJECT and CONSULTANT- agrees to provide those services inaccordance with recognized standards of the engineering profession; and 6_. No :official or employee of CITY has a financial interest in the subject matter of :this agreement contemplated within the provisions of California Government' uode Sec- tions 1090-1092 and 7 CONSULTANT-warrants that it shall perform the services herein contemplated in compliance with the California laws related to minimum hours and wages (California Labor Code Section 1171 et seq. ) , occupational health and safety (29 U.S.C .. 651 et seq. and the California Labol-'Code Section 6300 et seq.) , and fair employment practices (29 U.S.C. Section 201 et seq. and California Labor Code Section 1410 et seq. ) to the extent same are applicable herein; anc 8. The parties hereto desire to set forth their rights, duties and liabilities in connection with the services to be performed under this PROJECT, NOW, THEREFORE, it is agreed by CITY" and CONSULTANT as follows: SECTION 1.: GENERAL DESCRIPTION OF WORK TO BE DONE; (a) CONSULTANT shall provide all engineering''serv- ices as, described in Exhibits "A" and "B" including but not 2, limited to surveys, investigations, consultations and advice, preparation of detail design, construction plans, estimates of quantities and costs, preparation of the special provisions and any other miscellaneous engineering services required to permit CITY to advertise for bids for construction of PROJECT. (b) CONSULTANT shall attend and assist in all coordination meetings. o rdination tin s e (c,) CONSULTANT, shall designate a registered civil engineer who shall represent it and be its sole contact and agent in all consultations with CITY during fulfillment of the terms of this agreement. SECTION 2. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all original drawings, reports, both field and office notes, calculations, maps and other docu- ments, shall be turned over to. CITY upon completion of PROJECT. SECTION 3. DISCRIMINATION: CONSULTANT agrees that in the performance of the terms of this agreement, it will not engage in, nor permi' its agents to engage in, discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, physi- cal handicap, medical condition, marital status, or sex of such perscns, except as provided in "Section 1420. Violation of this provision may result in the imposition of penalties referred to in Division 2, Part 7, �;lhapterr 1 of the California Labor Code . 3„ s SECTION 4. INDEMNIFICATION, `DEFENSE, HOLD HARMLESS: CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all liability, 'damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with, CONSULTANT'S performance of this agreement (including but not limited tosuch liability, cost, damage, loss, claim, or expense arising from she death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY or damage to the property of CONSULTANT, subcontractor, or of CITYor of any agent or `employee of CONSULTANT, subcontractor, or of CITY), 'ex- cept where such liability, damages, costs, losses, claims or ex- penses are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. SECTION 5 WORKERS' COMPENSATION: CONSULTANT shall, comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and a of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall in demnify, 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 4 costs, presented, brought or recovered against CITY, for or on account of any liability under any ofsaid acts which may be incurred by reason of any work 'to be performed byCONSULTANT under this agreement. SECTION 6. INSURANCE: CONSULTANT agrees to furnish to CITY and maintain in force until the completion of PROJECT a general liability in- surance policy in which CITY is .lamed as an addIional insured. The policy shall ini�,<:re CITY, its officers andemployees, while acting within the scope o<c their duties, against all claims arising out of or in connection with PROJECT. The policy shall provide for not less than the following amounts: Combined single limitbodily injury and/or property damage of $1,000,000 per occurrence. Such policy of insurance shall specifically provide that any other insurance carried by CITY. ,which may be applicable shall be deemed excess and CONSULTANT'S insurance primary despite any conflicting p -ovisions in CONSULTANT'S policy to the contrary. SECTION 7. INDEPENDENT CONTRACTORS It is further understood and agreed that CONSULTANT is, and shall be, acting at all times as an independent contrac- tor herein and not as an employee of CITY. CONSULTANT shill secure at its expense, and be responsible for any and all pay- ment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll de- ductions for CONSULTANT and its offi ars, agents and employees 5. r and all business licenses, if any., in connection with the sere-- ices to be performedhereunder. SECTION 8. CITY STAFF ASSISTANCE: CITY shall assign a staff coordinator to work directly with CONSULTANT in connection with the work of this agreement. SECTION 9. PROVISION.FOR PAYMENT: In consideration of the performance of the -abo,Te de- scribed engineering services, CITY agrees to pay CONSULTANT an amount based upon the fee schedule breakdown set forth below: FEE SCHEDULE BREAKDOWN c-ayment for engineering services shall be as set forth in this agreement and outlined in the Request for Proposal and shall be based upon the following hourly rates but shall not exceed $6,500, Firm Principal $ 45 per hour Senior Engineer $ 3o per hour Associate Engineer $ 25 per hour Assistant Engineer $ 20 per hour Engineering Draftsman- $ 15 per hour Field Supervisor $ 12 .per hou', Secretary_ $ 10 per hour Clerical, Field Enumerator $ 8 ,:__j)er hour SECTION 1.0. EXTRA WORK: (a) In the everit of authorization, in writing by the City Engineer of changes from the work as indicated in Exhibit "All and Exhibit "B" or for other written permission authorizing addi' di'"ional, worm not contemplated herein, additional compensation 6. shall be allowed for such extra work but extra compensation shall not exceed,10 percent of the total contract, ashspecified above, without approval of CITY. (b) CONSULTANT shall submit monthly invoices which specify the area where work was completed and the ass:.ciated time for completJ,on to the City Engineer for approval. Work performed, at the request of CITY, outside the limit specified in this agreement is to be designated as "EXTRA WORK" on monthly invoices. Work performed in connection w3"n an authorized written change order will be so designated on said invoice. SECTION 11 TERMINATION OF CONTRACTS All work shall be done in a good and workmanlike manner and CITY reserves the right to terminate services hereunder at any timF, with or without cap ae, and whether or not PROJECT has been fully completed.. Any termination hereof, and any special instructions hereunder from CITY shall be made through the City Engineer, and in writing, which may be delivered in person to CONSULTANT or mailed through the normal course of mail to its now-established business address. In the event this agreement is cancelled, all drawings, designs, specifications and appur- tenant data may be used by CITY without additional cost to CITY. Should CITY decide to terminate this agreement for any reason, CONSULTANT shall be entitled to payment, on an hourly basis in accordance with the rate schedule herein, for work completed prior to written notification. 7, SECTION 12. SUBCON-TRACTORS This agreement is a personal service contract and the supervisory works hereunder shall, not be dcJ:egat ed to •.,flly pol'-son ot, entity without- the consent of' CITY. SECTION 13 ADDITIONAL TROVISIONS; CONSULTANT agrees that no regular employee of 01TY shall be employed by its firm dur:i lIC, the t:lmu t h lL t'lilo, acl'coll llt is in effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by aril throu-h L1i(,,i ,° aiji,llor i zo(I officers the day, month and year first above written. CONSULTANT CITY OF HUN`i'INGTON 1I2AC11 a municipal corporaLlort Mayor ATTEST: APl'1 OVE'D AS To Vl)IM: Alicia M. Wentworth t BY Deputy 1# INI'MA'KI) AND J11'11130V1,*S Citx Administrator 17irecGor 0 ' LlblIx Wovk.: 8, AdL XHIBIT- A, 1 � Addendum: Item B of Section I is del:etcd por Vernal instructioi UITY OF HUNTINGTON BEACH 30-78 DEPARTMENT OF PUBIC WORKS DECEMBER, 1977 REQUEST FOR POROPOSAL RFP NO, INSTRUCTIONS TO PARTICIPANTS SECTION I - STkTEMENT OF WORK A - The preparation of plans, specifications and engineer's estimate for the installation of new traffic signals at the following •iocations ; 1. Slater & Gothard ' 2 . Slater & Newland 3. Talbert & Gothard B. The preparation of plans, specifications and ongincet•' s estimate for the modification of existing traffic signals at the: following locations 1 . Springdale Street $ Bolsa Avenue 2 . Springdale Street & Douglas EnXrance C. The plans shall be drawn with ink on standard linen sheets furnished by the City. The format, tables and constriction notes shall be in accordance with standard City practice'. D. The plans shall include <additional sheets necessary to show any changes in delineation, par-ment markings and traffic signs . E. Funding for these projects i,s 'partial)v from the Arterial Highway Financing Program and partially from gas tax funds'. The plans and specification,, shall accordingly conform to applicable State, County and City Standard Plans and Speci f icati, ns, and as dixected by the City Eng,inee,r..' F. Upon approval of the PS F E and contract documents, �30 copies shall be furnished to the City for bidding purposes. G. All work shall: be under the direction of a registered pro- fessional engineer preferably, a registered traffic engineer. H. Final PS & E shall be completed within 40 working clays from the date of notification to commence work. T. ,A sample agreement is included with this RFP The coin- sultant is instructed to modify any 'terms and conditions within thE. sample. agreement which he feels are necessary in order to more accurately reflect his proposal. SECTION II PROPOSAL FORMAT & CONTENTS A. t xuposals shall be in written form,, eithei `yped or printed, and should be as concise as possible. B. The proposal should describe consultant's method and resources to perform the work inclu ding,_ but not limited to, the consultant's previous experience, resumes of super wising personnel and availability of work force. C. The proposal fee can be in the fort of a cost plus fixed fee containting a ''not to exceed" fixed .amount provision; or it can be in the form of a" lump sum. Sufficient detail shhll be provided in order to estimate the proposed Leos . D. The proposal shall not include any dare-contractural expenses as part of the proposed fee in response to this RFP. E. The consultant shall include in his proposal any changes to the proposed agreement as; outlined in the statement of work. SECTION III SELECTION PROCEDURE A. The proposal should include the consultant's most favorable terms and conditions since the selection may be made with- out discussions with any respondent to the RFP. B. Selecti,on of the consultant Esi,ll be based on criteria wh.i h_ i.s identified but not limited to the following items; 1. Proposed methodology to perform the work. 2 . Demonstrated expertise and experience in similar projects_ 3,. , Commitment and credentials of the designated project manager and principal staff. 4. Reasonableness of proposed cost details . C. In the event the City wishes to conduct interviews with the Consultants offering the three most favorable pro- posals, the City'Engineer-and the City Traffic Engineer will conduct such interviews in order to furthex. ovalL Lo the proposals. D. Upon selection of the Consultant, a contract shall be executed within 30 calendar days . i EXHIBIT B, ,CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC v ARKS DECEMBER, 1977 REQUEST FOR PROPOSAL - RFP NO, INSTRUCTIONS TO PARTICIPANTS SECTION I STATEMENT OF WORK A. The preparation of plans , specifications and engineer's estimate for the installation of i�ew traffic sign,11 a,t the following locations : 1. Atlanta &, -Newland 2 . Goldenwest & Norma 3 . Goldenwest & Palm 4. Edwards and Slater B. The plans shall be drawn with ink on standard linen sheets furnished by the City. The format, tables and construction notes shall be in accordance with standard. City practice. C. The plans shall include additional sheets necessary to show any changes in delineation, pavement markings and traffic signs D. Funding for these,projects is from gas tax funds . The plans and specifications shall accordingly conform to applicable State and City Standard Plans and Specifications, and as directed by the City Engineer: E. Upon approval of the PS & E and contract documents , 30 copies shall be furnished to the City for bidding purposes. F. All work shall be under the direction of a registered professional engi-:-eer, preferably, a registered traffic engineer. I l r Ip C. Final PS Fi E shall be completed within 40 working days from the date of notification to commenco' work. H. A sample agreement is included with this RFP The con - sultant is instructed to modify any terms and conditions within the sample agreement which lie :feels are necessary in order to more accurately reflect his prnpcsal SECTION II PROPOSAL FORMAT $ CONTENTS A. Proposals shall be in written form, either typed or printed, and should be as concise as possible . B. The proposal should describe the consultant's method and resources to perform V e work including, but not limited to, the consultant's pr )vious exper;ienc, resumes of super- vising personnel and availability of work force. C . The proposal fee can be in the form of;a cost plus fixed fee containing a "not to Exceed" fixed amount provision; or it can be in the form of-a lump sum. Sufficient detail shall be provided in order to estimate the proposed fees . D. The proposal shall not include any pre-contractual expenses as part of the proposed fee in response to this RFP. E. The consultant shall include in his proposal any chaiiges to the proposed agreement as outlined in the statement of work. SECTION III SELECTION PROCEDURE A. The proposal should include the consultant's most favor- able terms and conditions since the selection may be made without discussions O th any respondent to the RFP . B. Selection of the consultant 1: 11 be based on criteria which is identified but not limited to the following items: 1. Proposed methodology to perform the work. 2 . Demonstrated expertise and experience in similar projects. e* 1 ry iAWL 3. Commitment and credentials of the designated project manager and principal staff. 4, Reasonableness of proposed cost details. C. In the event the City wishes to conduct interviews with the Consultunts offering the three most favorable pro- posals , the City T,ngineer and the City Taffic Engineer will conduct such interviews in order to further evaluate the proposals . D. Upon selection of the Consultant, a contract shall be executed within 30 calendar days { � x �4;: � � r;. .� ' � ��, / , � �. /�► � �� rr'�- � .� t_. �'' a; 4 ':0. k� SAFECO S=SAVECO INSURANCE COMPANY OF AMERICA a G=GENERAL INSURANCE COMPANY OF AMEF-ACA F=FIRST NATIONAL INSURANCE COMPANY Off-AMERICA ' HOME OFFICE:4333 BROOKLYN AVE.N.E.,SEATTLE,WASH.INGTON 98185 HEAD OFFICE FOR CANADA:MISSISSAUGA,ONTARIO (Coverage is provided bythe company designated by initial,a stock insurance company herein called the company) Ce,iificate of insurance The company cenifiest tot the inwronce policies indicated below are in effect on the dafe of this;ertificate. Name of Insured and Mailing Address(Street,City,'State or Province, ZIP or Postal Code) Policy Period: f from, 11/30/77 WES PRINGLE AND ASSOCIATES 2651 EAST CHAPMAN AVR. , SUITE 110 to. 11/30/78 At" ,FULLERTON, CA. 92631 12:01 A.M. Noon Standard Time,at the address of the insured For each policy the following schedule indicates the basic type of,insurance provided with the limit of the insurer's liability or maxi- ! mum amount payable for loss. This certificate is only a statement of.the existence of the policy or policies of,insuremce?-erein referred to and neither affirmatively i nor negatively amends,.extends or alters the coverage afforded by any policy described herein. Limits of Liability or Amount.of Coverage Policy Number Type of Insurance Coverage One^Person One Occurrence Aggregate ' Liability Bodily Injury $ $ 300,000 $ 300,000 SCC8215321 Other Than Property Damage -' $ 300,000 $ Automobile Combined $ -- -- Bodily!niury $ Automobile Liability Property Damage $ t Combined o $ Perils Insured Against Coins, ;o Limit of Liability' Property Buildinglsl j Insurance Personal Property, Business Interrupt% _��a.��. Location: Workmen's Sut-jest to the terms of the Workmen's Compensation Compensation lmys of the state in which policy of fords coverage. Location of risk covered, cr description of automobile or contract covered, or description and location of operations or worm covered: PER JTOB ORDER TRXkTFIC AND TRANSPORTATION ENGINEERING in the event of any material change in, or cancellation of,said policies, the undersigned company will endeavor to gLYe written notice to the party to wham,this certificate is issued,but failure to give such notice shall impose no obligation nor liability upon the Company. Certificarte is issued to; Nome and,Address TURTY 'O _day prior notice of canc°ll, ation to certificate holder has been endorsed to policy No.(sl: CITY OF Ht7 gTINGTON 'BEACH SCC8215321 DEPT,-O 1 r BLIO 'kTORKS /r .cAVFIC DIVISION PO BOX 190 HUNTINGTON BEACH, CA. 92648 If an "x"' in box limits of liability have'been increased only for operations or work described above. A state, t-on raver e- ide is void, U S 9 Doted at PANORAMA CITY, CA. on 7/14 78 w-Tfmg yo TM "SAFECO'INS URANCE.0 MPA Y OF',\MERICA GENERAL INSURANCE COMPI'NY OF AMERICA FI9ST NATIONAL INSURANCE COMPANY OF AMERICA CF•781 10rP4 PRiNTEb 1N UA PRIOR NOTICE TO OTHERS - ,�°: OF CANCELLATION SAFECD f This endorsement is applicable to all insurance afforded by the policy: It is agreed that in the evr,rt of cancellation,or reduction in the limits-)f liability of this insurance, THIRTY 30 days prior written notice shall be given to CITY OF HUNTINGTON BEACH DE PT. OF PUBLIC WOtK (TRAFFIC DIVISION) PO Ox Igo HUNTINGTON BEACH, CALIF; 92648 This endorsement is executed by the company stated in the de,larations. W.D.HAMMERSLA,SECRETARY GORDON H SKANY,PRESIDENT COMPLETE THE FOLLOWING IF NOT ATTACHED TO POLICY WHEN POLICY iS 1.4SUED' V "4UER CLASS NED OLD RETURN NEW ADDITIONAL INSURED YTLW� PRINGT,E AND ASSCC?AT SVE 0 r1joe 'WEAR SR'PR (FULL TEAM) PPEMIUM1I (FULL TEAtAr PREMIUM YV LI A.+ SACTOR PRE4n1.144 PREMIUM ENOOg5IW/nh:/ry la(the 01 daY1tatedfn fhe pnhe EFFECYriF ( �/ _/ Y n POLICY OR 00ND NUMBER" 7.. POLICY AI PP ACCT E%P.DATE - _ NUMBER ENDRSEMENT iDATE NUMBEp DATE 1011.E OFFICE ' 5•SAFECO INSURANCE COMPANY OF AMERICA 0.GENERAL INSURANCE COMPANY OF AMERICA F+FIRST NATIONAL INSURANCE COMPANY OF AMERICA + IPOIRY M Bard II NIW CY tht ea WnY dnly»tyl t r uW, j �•. �•�^•.••..,�•,• f" DU BOIS HANBURY Co. 1.5-1590 . .A i ESIDENF LI ENSED 1.0 C-1024 R21/72 PRINTED IN U.s.A, ARM Raturrr original and three copies of completed Certifrate to: CERTIFICATE OF INSURANCE City of Huntington Beach TO Dept.flkg4 Lte_ VbpR.�.:. P.O.Box190 Q�1`A"1C. ow) CITY OF HUNTINGTON BEACH,CALIFORNIA Huntington Beach,California 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under signed and are in force at this time.If these policies are Cancelled or changed in such a mariner that will affect this certificate,the insurance company agrees to,give$0 days prior written notice,by mail,to City of Huntington Beaz;h,P.O.Box 190,Huntingtor: Beach,California 92648. Name of Insured Wes Pringle, & Associates Address of insured 2651 East Chapman Ave.., #110 Fullerton, Ca. 92631 Locationf Insured Operations PER JOB ORDER Description of Operations_ TRAPPTP F TRAWPARTUTTn R1\TrTNF:FRTNG POLICIES IN FORCE POLICYI NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A Workers Compe `ation Statutory Employers' Liability $ B. Public Liability: * $300,000 combined single Bodily Injury: limit per occurrence. Manufacturers and Contractors $ * Each Person Comprehensive ienerai ® SCC821.5 21 $ + Each Accident (Including proddcts completed 11-30-7 11-30-7 operations) Property Damage $ Each Accident C. Automobile Liability: Bodil In'ur $ * Each Person o -waned auto SCC8215 21 11-30-7 11-30-7 $ Each Accident Property Damage $ * Each Accident Does policy cover. All owned automobiles ( )Yes { 3 No Non-owned automobiles ( YJ Yes ( )No Hired automobiles ( )Yes ( x)No D. Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach City Council,-and for all City Council appointed groups,committees, commissions, boards and any other Cited Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. E. Mold Harmless Agresmsnt: By Insured: The insured agrees to protect,defend, ind ify and save'harmhss the Ity of Huntington Beach against loss,damage or expense by reason of any suits,claims,demands,judgements and cause1v of action caused by insured,his employees,agents or any subcontractor arising out of or in consequence ofthe performance of all or any operations covered by the certificate of insurance,and such insurance shall be primary to any insurance of the city.. F. Minimum Limits Required: APPROVED AS TO FORM; Combined Single Limit Bodily Injury and/or Property Damaya includinq Products Liability - DON P.BONFA G. Remarks: combined single limit per occurrence. ;Dqputy Attorney I City Attorne Date June 22, 197$ REPRjFS9= j _T BROKER el B INSURANCE COMPANY �,_.��,_ Name Sa 'eno it c^er+C Signature of Authorize• Ra as6tativo/Ag nt Address P.Q. RQX '903,1 Address P Il. Bo- K Sharman nakR j On G'1 417 City Panorama City, Ca. 91409 Telephone_ 213 872-2630