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HomeMy WebLinkAboutWILLDAN - 2003-01-01If no expiration date, please put a tentative expiration date so the City Clerk's Office can inquire of your Department if the file is ready to inactivate. A-7J 4. Amount of Contract: 0- Professional Services Contracts checklist ' for Submittal to City Clerk's Office (Please transmit this form when your contract is ready to be filed in the City Clerk's Office) To: Connie Brockway, City Clerk x5404 PLEASE PRINT 1. Name of Contractor: W /C & Zb,4w 2. Purpose of Contract: For Example: Audit Services —Fair Labor Standards Actor Water Quality Testing Huntington Lake — Huntington Central Park f `'/ a r- &J s� c� �r er c S ?�' c t C t o.G7C 7 _ /f ..J" "e-z Ta �F" �Te,l�'e-s 3. Expiration Date: A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (Renewal/Amendment/Etc)? ❑ YES'IdNO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested - pursuant to HBMC 3.03.100? ❑ YES*I2(N/A OR Is the attached contract a SOLE SOURCE? ❑ YES @ N/A C. Did you attach a COPY of the insurance certificate and send the ORIGINAL TO RISK MANAGEMENT? S(YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: Name/Extension Department Date g1forms/city clerk contract checklist.doc • C] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents ............................... :........... 3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into this _ I !I' day of jo-►a 0 ArfL�% 20 o 3, by and between the :City of Huntington Beach, a municipal corporation of the State of California, nn hereinafter referred to as "CITY, and WII.I.DA�I a l;9AF07-MI h IARPOtZAr1013 hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to :p Vjc>t5 Ass- OntCb 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 Ltd Femtz c who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/01 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on DEUftpeL 31, pop 3, unless sooner terminated as provided herein. All tasks specified in Exhibit. "A" shall be completed no later than from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. T`�2>✓tM�T 15 Qt�N��"�A81.�C FatZ -Cwo - I YEAIR -Ct-rr15 W mk PRD 4. COMPENSATION 0tc ju-eT MUUT6 -M TAS Comer exftDU lam' , 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," a fee, including all costs and expenses, 'R b opoH Apr ouzD CAf rrAt- \rnrPvE1n151Jt P'R43racTs MnM ). 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 undertake such work only after receiving written authorization from CITY. Additional agree/forms/profserv10/15101 2 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," which is attached hereto and incorporated by reference into this Agreement. 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 CONSULTANT's (or CONSULTANT's subcontractors, if any) 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 misconduct of CITY. agree/forms/profsery 10/15/01 3 P_j • 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. 9. 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profsery 10/15/01 4 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. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits 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. 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 agree/forms/profserv10/15/01 5 • • 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. 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 subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance 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. agree/forms/profsery 10/ 15/01 6 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: TO CITY: City of Huntington Beach ATTN: Tov t> gAo� 20 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: 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. agree/forms/profsery 10/15/01 7 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 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 contrary 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 agree/forms/profserv10/15/01 8 E • 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 party 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 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. 24. 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, agree/forms/profserv10/15/01 9 • • each party 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. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that 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 party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15/01 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, WILLDAN orporation of the State of California Director of Fu L t� By -._(Pursuant To HBMC §3.03.100) LX David L. Hunt print name c, ITS: (circle one) Chairman/Presiden ice Preside agree/forms/profserv10/15/01 11 APPROVE AS TO FORM: ""'V, 1p ro v ­7 Ct Attorney REVIEWED AND APPROVED: t Administrator (only for contracts over $50, 000. 00) EXHIBIT "A" Consultant to provide "As -Needed" Civil Engineering Services as outlined in the Request for Proposal dated September 2002. This contract is for "As -Needed" services and does not obligate the City to utilize the services of this Consultant. Fh V=- Cr "vp WILLDAN Schedule of Hourly Rates July 1, 2002 ENGINEERING Principal Engineer ................................................... $150.00 Division Manager......................................................140.00 CityEngineer............................................................140.00 ProjectManager.......................................................140.00 Supervising Engineer ................................................ 125.00 Senior Engineer........................................................ 115.00 Senior Design Manager............................................115.00 Design Manager.......................................................105.00 Associate Engineer ................................................... 105.00 Senior Designer........................................................ 100.00 Senior Design Engineer 11.........................................100.00 Senior Design Engineer I ............................................ 95.00 DesignerII.................................................................. 95.00 DesignerI................................................................... 90.00 Design Engineer II ...................................................... 90.00 DesignEngineer I ....................................................... 85.00 SeniorDrafter.............................................................85.00 DrafterII...................................................................... 75.00 DrafterI....................................................................... 70.00 Technical Aide............................................................ 60.00 CONSTRUCTION MANAGEMENT Division Manager ...................................................... 140.00 Project Manager....................................................... 140.00 Senior Construction Manager...................................120,00 Construction Manager..............................................115.00 Assistant Construction Manager ................................. 95.00 Utility Coordinator.....................................................100.00 Supervising Public Works Observer .........................100.00 Senior Public Works Observer ................................... 85.00 Public Works Observer ................................ **75.00 / 85.00 Assistant Public Works Observer ............... **65.00 / 85.00 SURVEYING Division Manager......................................................140.00 Supervisor - Survey & Mapping................................125.00 Senior Survey Analyst...............................................100.00 Senior Calculator......................................................100.00 CalculatorII................................................................. 85.00 CalculatorI.................................................................. 75.00 SurveyAnalyst 11 ......................................................... 85.00 Survey Analyst I .......................................................... 75.00 Survey Party Chief ...................................................... 95.00 Two -Man Field Party.................................................190.00 Three -Man Field Party., ............................................ 240.00 LANDSCAPEARCHITECTURE Division Manager......................................................140.00 Principal Landscape Architect...................................115,00 Senior Landscape Architect ........................................ 95.00 Associate Landscape Architect...................................90.00 Assistant Landscape Architect ................................... 75.00 BUILDING AND SAFETY Division Manager......................................................140.00 Supervising Plan Check Engineer............................115.00 Building Official.........................................................115.00 Plan Check Engineer................................................105.00 Deputy Building Official.............................................105.00 Inspector of Record...................................................105.00 Senior Plans Examiner ............................................... 95.00 Supervising Building Inspector....................................95.00 Plans Examiner...........................................................85.00 Senior Building Inspector............................................85.00 Building Inspector ........................................ **75.00 / 85.00 Supervising Construction Permit Specialist ................ 75.00 Senior Construction Permit Specialist ......................... 70.00 Assistant Building Inspector ......................... **65.00 / 85.00 Code Enforcement Officer..........................................60.00 Construction Permit Specialist ................................... 55.00 Assistant Construction Permit Specialist ....................50.00 Plans Examiner Aide ................................................... 50.00 Assistant Code Enforcement Officer...........................50.00 PLANNING Division Manager......................................................140.00 Principal Planner.......................................................115.00 Principal Community Development Planner .............115.00 Senior Planner..........................................................105.00 Senior Community Development Planner.................100.00 Associate Planner.......................................................90.00 Associate Community Development Planner..............90.00 Assistant Community Development Planner...............80.00 Assistant Planner........................................................80.00 Planning Technician....................................................60.00 Community Development Technician .........................60.00 ADMINISTRA TIVE Computer Data Entry .................................................. 45.00 Clerical........................................................................ 45.00 Word Processing........................................................45.00 Personal Computer Time............................................15.00 **Prevailing Wage Project, Use $85.00/Hour Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. E:IPROPOSAL ARCHIVEIPROPOSAL BOILERPLATE SECTIONSIRATESWILLDAN.DOC July 1, 2002 i • s `' PROFESSIONAL SERVICE CONTRACTS Hine `'M,o PURCHASING CERTIFICATION 1. Requested by: Todd Broussard 2. Date: December 3, 2002 3. Name of consultant: 1)Richard Brady & Associates 2)AKM Consulting 3)Harris & Associates 4)Willdan 4. Description of work to be performed: As -Needed Civil Engineering Services 5. Amount of the contract: $0.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No fo�/1 7. Company number and object code where funds are budgeted: � : cl-s ,1��� r 8. Is this contract generally described on the list of professional service contracts approved by the City Council? ❑ Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ❑ Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. C ARD AMADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Documentl 12/3/2002 4:33 PM