HomeMy WebLinkAboutSwanson Service Corporation - William M. Simpson - 1978-09-05 N
_A G R E E M E N T
THIS AGREEMENT, made and entered into this /
day of
t) , 197$ by and between the CITY OF HUNTINGTON
BEACH, CALIFORNIA, a municipal corporation, hereinafter referred
to as CITY, and SWANSON SERVICE CORPORATION IN JOINT VENTURE WITH
WILLIAM M. SIMPSON, a"licensed firm, hereinafte.; referred to as
CONSULTANT,
R E C I T A L S
1. The City Council of rTMY is authorized to engage
the services of a professional engineering consultant for the
performance 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 specifigally
described in the Request for Proposal for Structural Survey of
the Municipal Pier, hereinafter referred to as PROJECT. Said
proposal is attached hereto, marked Exhibit "A,'' 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 Section
37103 and shall have all necessary licenses therefor to practice
and perform the services herein contemplated; and
4 CONSULTANT agrees to pe.^form the engineering services
necessary for this PROJECT: and
1.
5. CITY hereby employs CONSULTANT to perform the
following services as required byPROJECT and CONSULTANT agrees
to provide those services in accordance with recognized standards
of the engineering prof-ssion; and
6. No official or employee of CITY has a i-nancial
interest in the subject matter o� this agreement contemplated
*,within the provisions of California Government Code Sections
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 Labor Code Section 6300 e_ 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; and
$. 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 services
as described in Exhibit "A
(b) CONSULTANT shall attend and assist in all
coordination meetings.
(c) CONSULTANT shall designate a_ registered civil
engineer who shall represent it and be its sole contact and agent
2.
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 documents,
shall be turned over to CITY upon completion of PROJECT.
SECTION 3. DISCRIMI.NATION:
CONSULTANT agrees that in the performance of the terms
of this agreement, it will not engage in, nor permit its agents
to engage in, discrimination in employment of persons because
of race, color, national origin or ancestry or religion of, such
persons. Violation of this provision may result in the imposition
of penalties referred to in Labor Code Section 1735.
SECTION 4. INDEMNIFICATION, DEFENSE, HOLD HAIU%ffiESS:
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 to such liability, cost, damage, loss,
a
claim, or expense arising from the death or injury to an agent or
employee of CONSULTANT, subcontractor, or of CITY or damage to
the property of CONSULTANT, subcontractor, or of CITY or of any
agent or employee of CONSULTANT, subcontractor_ , of of CITY) , except
where such liability, damages, costs, losses, clams or expenses
are caused solely by the negligent or wrongful acts of CITY or
any of its agents or employees including negligent omissions or
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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' COMPENSATIONe
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 5 of
the California Labor Code and all amendments thereto; and all
similar State or Federal acts or laws applicable; and shall
indemnify and hold harmless CITY; from and against all cla? ;1s,
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 CONSULTANT under this
agreement.
SECTION 6. INSURANCE
CONSULTANT agrees to furnish to CITY and maintain in
force until the completion of PROJECT a general liability insurance
policy in which CITY is named as an additional insured. The
policy shall insure CITY, its officers and employees, while acting
within the scope of their duties, against all claims arising out
of, or in connection with PROJECT. The policy shall prov .:e for
not less than the following amounts Combined single limit bodily
injury and/or property damage of $1,000,000 per occurrence. Such
policy of insurance shall' specifically provide that any other in-
surance carried by CITY which may be applicable shall be deemed
excess and CONSULTANT'S insurance primary despite any conflicting
provision in CONSULTANT'S policy to the contrary.
4.'
SECTION '7. INDEPENDENT CONTRACTOR:
It is further understood and agreed that CONSULTANT-
is, and shall be, acting at all times as an independent contractor
herein and not as an employee of CITY. CONSULTANT shall secure
at its expense, and be responsible for any and all payment of
income tax, social security, state disability insurance compensa-
tion, unemployment compensation and other payroll- deductions for
CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the services to be performed
hereunder.
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 "7__�AENT:
In consideration of the performance of the above de-
scribed engineering services, CITY agrees to pay CONSULTANT an
amount based upon the fee schedule breakdown set forth below:
FEE SCHEDULE BREAKDOWN
Payment 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 but shall not exceed $28,000.
Task l $3200
Task .2 $4800
Task 3 $1500
i Task 4 $1500
Task 5 $8000
Task 6 $9000
S.
SECTION 10. EXTRA WORK:
(a) In the event of authorization, in writing by the
City Engineer of changes from the work as indicated in Exhibit
"A" or for other written permission authorizing additional work
not contemplated herein, additional compensation shall be allowed
for such extra work but extra compensation shall not exceed 10
C
percent of the total contract, as specified above, without
approval of CITY
(:b) CONSULTANT shall submit monthly invoices which
specify the area where work was completed and the associated
time for completion 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" ors- monthly
invoices. Work performed in connection with an authorized written
change order will be so designated on said invoice.
SECTION 11. TERMINATION OF CONTRACT:
All work shall be done in a good and workmanlike manner
and CITY reserves the right to terminate services hereunder at
any time with or without cause, 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 appurtenant
data may be used by CITY without additional cost to CITY. Should
CITY decide to terminate this agreement for any reason, CONSUI,,TANT
shall be entitled to payment, on an hourly basis in accordance
i
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with the rate schedule herein, for work completed prior to
written notification.
SECTION 12. SUBCONTRACTORS:
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.
SECTION 13 ADDITIONAL PROVISIONS:
CONSULTANT agrees that no regular employee of CITY
shall be employed by its firm during the time that this agreere-?.It
is in effect.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by and through their_ authorized
officers the day, month and year first above written.'
CONSULTANT
CITY OF HUNTINGTON BEACH
a municipal corporation
By gc-. ..
Mayor
ATTEST: APPROVED AS TO FORMS
City Clerk kpi City Attorney
REVIEWED AND APPROVED: INITIATED- AND APPROVED:
II
C` y Administrator Director lic Wovks
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NAMEAND ADDRESS OF AGENCY
HENDRIE BONDING & INSURANCE', INC.
COMPANIES AFFORGiNG_COVERAGES
20902 Bxookhurst #1,05 MoaNv
Huntington Beach, Ca. 92646 L rEoTTER A Insurance Co. c-f North Arnei`i a
COMPANY
LETTER
NAME-AND ADDRESS OF INSURED
SF:AINSON SERVICE CORPORATION & WILLIAM M. n�E�NY
t
SIMPSON, CONSULTING STRUCTURAL ENGINEERING COMPANY gq r
CORPORATION LETTER U
P. 0. Box 5415
Huntington Beach, Ca. 92646 LEETMTER v
This is to certify that policies of insuran;•e listed below hav,:beer,issued to the insured named above and are in force at this time.
COMPANY ~~ POLICY
UMAS of Liability in T.housands( ,
7YPEOFIN5URANCE POLICYNI)MBER EACH
LETTER EXPIRATION DATE OCCURRENCE AGGREGATE
GENERAL LIABILITY 1
Fr,"
BODILY INJURY $ $
COR-REHENSiVE F
..PREMISES—OPERATIONS - PROPERTY DAMAGE $ 5
EXPLOSION AND COLLAPSE
HAZARD
❑UNDERGROUND HAZARD
Q PRODUCTSICOMPLETED GAL 398675 917179
OPERATIONS HAZARD BOOILYINJURYAND
CONTRACTUAL, INSURANCE PROPERTY DAMAGE $1,000 $1,000
BROAD FORM.PROPERTY COMBINED �..
DAMAGE I
y INDEPFNDFNT CONTRACTORa
Lgdl PERSONAL INJURY PERSON INJURY $
AUTOMOBILE LIABILITY BODR�YINJURY �
(EACaPERSON) i $ .
COMPREHENSIVE FORM BODILY INJURY 1
L.J OWNED l tEACHOCCURRENCE)
1 PROPERTY DAMAGV $
QHIRED [N/A (No autos) BODILY INJURYAND
CI NrN.D','rNEO J PROPERTY DAMAGE $��
COMBINED
EXCESS LIABILITY
BODIIY INJURY AND
❑.UMBRELLA FORM. PRC+PERTYI>AMAGE. $ $
r—�
tI OTHER THAN UMBRELLA COMBINED
FORM
IWORKERS'COMPENSAi7ON STATUTORY
!, and
l NA ( No employees)
EMPLOYERS'LIABILITY f $ 54..NA,_t[1<.r4.
OWNER
APPROVED AS ,TO POW
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DESCRIPTION OF OPE'tATIONS.h.00ATIONS,'V(NICLES
.,City Att orne
18541 Santa Andrea, Fountain Valley, Ca. 92708
r
Cancellat ds Shovid any of the above described policies be cancelled oelore the expiration date thereof,tr e iss ing com-
pang will endeavor to mail days written notice to the below named Certificate holder, but failure to
mail such notice shall impose no obhiation or liability of any kind upon the company.
OF CTIFICATE HoI nEP
NAME AND ADDRESS ER 917178
-.
P.dc7itional Insured: DATE ISSUED
i City of Huntington Beach
P. 0. BoX .L)4
Huntingtonr Beach, Ca. 92648 AUTHO "gyp 5EN A VE
AWARD 25 1Ed.2.77
Oty of Huntington Beach
! OFFICE OF THE CITY CLERK
September 11 1978
James W. Jones
Swanson Service Corporation
P. U. Box 5415
Huntington Beach, Ca. 92646
Gentlemen:
The City Council of the City of Huntington reach at its regular meeting
held Tuesday September 5, 1978 approved an agreement with your company
to provide a structural survey of the municipal pier.
Enclosed please find a duly executed copy of the agreement.
Sincerely_yours,
Alicia M. Wentworth
City Clerk
AMW,/es
Enclosure