HomeMy WebLinkAboutENGINEERING SCIENCE, INC. - 1978-07-03AGREEMER'
THIS AGREEMENT, made and �.ntered into this ' lay
of— 197r by and between the CITY OF
HUNT1,+iGTON EACH, CALIFORNIA, a mfzaieipal corporation, berein--
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.ggt�. p CITY,
aftai referd�'ed to as CIT , and t.NCITNt"�iiil.1144.7"`+JS.�IJ NEE �� �.. y a
;
�qE,.,
licensed firmhereinafter referred to as CONSULTANT,
1, The City Council. of CITY is authorized to engage
the se,rvlees of a professional engineering oonsulta.nt Poo the
performax`Me of necessary er,gi.neering services for and on behalf
or CITY; and
2. It is necessary and desirable that professional
engineering services be performed for CITY as more specifically
described � i tb'e Request for Proposal. for Computer Model. of
City Water System, h6reinafter referrers to as PPQV'SC . Said
fpropo_-;�a,l is attao6ed hereto, marked Exhibit "A, " and by this
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Veference lncorporatek4 herein and made a part hereof; and
I CONSULTANT shall have that Degree or speeiaiiied
expertise core wemplated wi.tbin California G�svernzent Code Sec--
t1on 37103 an4� shall.. bave all neoesso;_ r li.oerses therefor to
praeti4e and perform the services herein ok44itempla,.ed, tnd
1%/ GEINSOLTANT agr�e'jye�s ty�'�+}y�pe�rform th,. englneering�
.FF'n ^ 9 Y i+ 11,'CNiT rf. ro tF +•: TxYSY 11id,i.� G4n.
CITY w �e��! employs CO St7�.� AT tr^ faerform.
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the following services as required by PROJECT and CONSULTANT
agrees to proNid.e those serv,Lces in aocorda ce with recoZn zed
standards of the eng�,ieerzng profession; and
�
6. No official or employee of CITY has a. financial
Interest in the sub.iect <iiatter of this agreement contemplated
within thy: provisions of California Government Code Sec_.
tions 1010--ID92; and
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7. CONSULTANT warrants that it shall perform the
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services herein con'emplated In compliance*,v3 th the C'a? if'ornia
�
Laws related to minimum hour. and wages (California .Labor .'ode
Section 1171 St seq.), occupational heaAvh and saAety (29 U,,S.C.
651 et seq. and the California Labor Cc `s Section 6300 et seq.),
and fair employment practices (29 'tj.S,C. Section 201 et seq. and
California .Labor Code Section 1410 et seq.) to the extent same
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are applicable herein; and
$. Tb-� parties hereto desire to set forth: their
rights, duties and Ila iliti.es in connection with the services to
be performed uM. er this PROJECT,
NOW, TREREFORR, it is agretid by CITY and C014SULTANT
as follows.
SECTIOR 1. OE.MAL DESCRIPTION OF WORK TC BE DONE:
(a) CONSULTANT shaI4 pk ovi.de all englneerin6 serer^
a
Ices as #leser!'bed in 1,,xhibi.t 11,4" 111cluding but not limited to
surveys, investigationa, consultations and advice, estimates of.
quantities and covt�, a4d any other miecel.l.aneous engineering
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costs, preparation of the special prnv,t*ions and any ether mis-
cellaneous engineering services rpqui.reu to permit CITY to adver-
•
tine for bids for construction of EROJEM
(b) CONSULTANT shall attend and assist in all
�� ..
coordination meetings.
(c) C.OWS LTANT shall designate a registered civil
engineer who shall vapresent it and be its sole contact and. agent
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in atl consultat'o.�s W.th CITY during fulfillment of the terms of
this; agreement.
SECTION 2. CISpOSIT,rON OF PLAN3,-STIMATES AND OTHER
TiOCUMENTS
CONFULTAUT agrees that all original drawings, reports,
both field w d office rates, ca,lculai ion e , maps and other docu-
ments, shall be turned over to CITY upon ce,_,pletion of PROJECT,
SECTION 3. OI CRIKI WAT.i M,
CONSULTANT agrees that In the performance of the terms
of this agrosnpert� s it will not, engage In,, nov perrolt its a�gent
to enga in, d;iscrimi.natlon in enplo;ymezit of persons because
of race, religions creed, national origin, iicestiy, physi-
cal handicap, medlcal condition, marital status, aL* sex of such
persons, except ac provided in Sect ion 1420. Violation of this
provision .may result in the imposition of penalties referred to
in Di.vlston 2, Part 7, Chaptc-r I of the California Labor Code.
SECTION fit . INDI EMNIVICATION, DEFENSE, HOLD HARMLESS:
CONSULTANT hereby agrees to deft_.d, Indemnify and
hold harmless CITY, its officers, agents and employees, From
't
and against any and all liability, damages, costs, losses, claims
;
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and expenses, however cauwed., resulting directly or indirectly
from or connected with CONSULTANT'S nerforraanc& of this agreement
5 (including out not limited to such liability, cost, damage, loss,
�
claim, or expen,,e arising from tree death or injury to an agent or
employee of CONSULTANT, subcontractor, or of CITY or damage to F.
.
the property of r`t,14SULxANT, subcontractor, or of CITY or of any
agent or employf s of CONSULTANT, s:ibcontractor, or of CITY), ex-
. cept where sueb 11ability, dxuages, costs, losses, claims or ex-
penses are caused stalely b y the neZ1 gent or wrongful. act, -r.f
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ff �,iTY or :any. of its agents or employees inel.izdi.n.g negligent
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omissions or commissions of E"ITY, its agents or employees, in
connects ,)n with the general supervision or direction of the works
'to be performed hereunder.
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SECTION , WORKERS' COMPENSATION:
J
CONSULTANT :shall cnnpl;yt with all of th+R provisionz of
the Workers' Compensation Insurance and. Safety errs of the State
ofCalifornia, the applicable pz risions of P-i.visioa 4 and 3 :,'
the California Labor Code and all amendments thereto and all
similar State or Fe,',,ra l act, ; or laws �pplieab w e and shell in-
demnlry* defend and hold harmless CITYfrom and: against all claims,
dem nds, payments, snits, actions, proceedings ant': Judgments of
e7ery nature and descrIpt ion, including att;orney's fees and
costs, presentea�, brought or recovered against CITY, for or on
scout of any liability under any of said acts which: may be
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incurred by rbasQn of an;, work to be performe l 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 in-
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54rance policy in which CITE is named as an additional insured.
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The policy shall insure CITY, .its officers and employees,, while
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a,cttng within the scope of their duties, against all e:lpims
arising out of or in connection with FROJECIa . she pol f shall
provide for not Tess than the following amounts., Com' ed
-'
single limit bod{ iy injury and/or property damage, of $ l , 000, 000
.=
per oceu:rrence ., Such policy of insurance shall specifically
provide that any other insurance carried by CITY which may be
applicable small be deamed exceso and CO,i,MsTANT' 5 in5 rance
primary despite any conflicting provi.,i.tans its CONSULTANT'S
policy to the contrary.
: ...
AYE �9 q t� ri } t�} Yy�
-1.�':CT-i ON . IIMEd E;Y3. ENT Lr�SiVAC.liai<CDR♦.
It is further understood and agreed that ' 4SUi,TA?3T
is, and sballl be, acting at a..l time8 as an independextt� oontrae-
for herein and net as an employee of CITY. yONSIU .TANT .shall
secure at its expense, and, be responsible for any and all Pay-
ment of income tax, social security, state disa.bJlity inaurance
comp aasati.ori, unemployment compensation and other rayrol.l de--
ductioris .for COINSULTAWT an,. its officers, agerts and empl.oyeez
and all business licenses, if any, in oonnect on, withh the serer--
:t ces to be performed hereunder.
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SECTION 8.. CITY STAFF
ASSISTANCE:
CITY shall assign a staff
coordinator to work directly
gvl)
with MNSULTANT in connection with
the work of this agreement.
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SECTION 9. PROVISION FOR PAY14ENTt
In consideration of the
performance of tha zbo+re de-
°
soribed engineering services, CITY
agrees to pay CONSULTAN"I an
amount 'based upon the fee schedule
breakdown et forth below:
FEE SCHEDULE BREAKDOWN
Payment for engineering
serviees shall be as seat form
in this agreement and outlined in
the Request for Proposal, and
shall be based upon the following
hourly rates but shall not
exceed $26,950,
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Principal Engineer Scientist
2 per hour
x
_
Suoervlsi, Engineer & Scientist
42 _ per r.-,_,.
Senior Engineer & Scientist
$ 37 pe=
En5ineer & Scientist
$ 30. 0 per h—
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Associate Engineer & Scientist
$ 28 yer re4—
Assistant Engineer & Scientist
$ 2!.50 per
Send pesigner _
3
kesi�nex'
29 _ J er
Technical Specialist I
$ 24.50 _per .lour
Technical Specialist 11
20 ___._,per hour
Support Services I
20 bier hour
S!a. o�ice.z i,%
A 15. 0 per hour
aupport seryiz s 111~
y 10. r.�O per hour
SECTION 10. WORK;
sx.
(a) In the event of authorization, in writing by the
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City Engineer of changes from the work as indicated in ExlAbit "A"
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or for tither written permiszicn authorizing additional work not
contemplated ht>rein, addition4l compensation shall be allowed
for touch extra: word` a cumpensation shall not exceed 10
td
percent of the tots... I"?Ct, as specified, above, without ap-
proval of CITY.
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(b) CONSULTANT shall 4,ubmi,t monthly invoices which
specify the area where work was ;�owpl.eted and the associated time
for completion to the City Engineer for approval. Worx performed,
at the request a' CITY, outside the limit spec_ ^ied in this
agr'eemont is to be designated as "EXTRA WiDRMr on monthly invoices.
Work performed in connection wli;h an author"Li zed w,,, :tten change
order grill, be so designated on said invrice.
SECTION 11. TEP14TWA' IO-1' 07, 01�1 "RACIP.
.All woe `, shall be done i.i a good and workmanlike manner
and CITY reserves the right to texininate services hereunder at
any time with or Sri Olosit cau 4e a and whether or not PROJECT has
been fully completed. r Any tor>minati.on h;areof, and any spealal
instructions hereunder from ,-.STY shall be made thr�,ugh the City
Engineer.) and In wri:'i.ng, which may be Jellvered In person to
CONSULTANT or Mailed through the normal course or mail to its
aow-esuabl .shed business -address. In the tvent this agreement
is c4 ceIled# all d:rawIn s, designs, specifications and agpur--
Pam*
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tenant data may be used by CITY without additional cost to CITY.
Should CITY decl ie to terminate this agreement for any reason,
CONSULTANT shall be entitled to payment, on an hourly basis iii
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accordance with the rate schedule heroin, for work completed prior *
to written notification.
w SECTION 12. S€iBCON1.11 ACTORS
Thia agreement is a personal service contrast aiid the
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supervisory work hereunder steal', not be delegated to any person or,
entity without the consent of CITY. F
SECTION 13. ADDIr*` 0NAL PROVISIONS:
CONSULTANT agrees that no regular em-ployee o-V CITY
shall be employed by its firm during the time that this agreement
is in effect
114 WIT14ESS WHEREOF, the parties hereto have caused
this agreement to be executed by and through their authorized
officers °the day, month andd year first above written.
CONSULTANT
CITE OR HUNTINVON BR ;Cl
a municipal corpox-at�on
Y
Mayor
:TTEM.
P'Y; cia M. zgPe�t rt�
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- r EXIIJBIT A
t GL}m U1 er ,4odel of City j-.Iat:er 'SYS y IPl i
SUBJEC p
ig
e-1reparation rat thA� .;tlt)j+•�'. ally <1,w1,
This Project in t�l� t
arc1 ilts rllA;t:tel. A't
, dy
stern analysis and the t: aininc,
system rlodel. Clu coi+tutor ttkc,•.i',:L
comprehensive
h City Personnel in the use ar he compUtot
following obj ecsti%-Cs:
F
is intended to meet the
a�
(1 To determine tho :1�1cc7titacy of thk� �.a1 +',r S�'stk:;;t fk� 1-+ l
YSs.
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present and future use,
- -or
('�.) Selection OftLlC: S1.^'..0 anC1 C141..a3 ,rV ry
tip
to correct system deficiOnci+ s and imprk.
(3 Alternatives
%= basis.
the systen on a E�rcr.iAy
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(4 To c'eter;rtin�� the parameters for the ali..cm�l,-�c c'o
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system ecilities,
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The scope Of wort . n l
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Investigate Existing
nv ti;
t� the o,tln; . al���rt
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:',ace t..� . • �
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0 AT
Y A
EXHIBIT A
Computer Model of Cif.
Page 2
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Nnaly Et3,��:111ty �;JTS�y�ill �.C?LY:�1'iliiil L.
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All L'4T
of
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-ed data. i.1�� c c�'r1c'f the y
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rgJ11 U51nr collrr t f �l
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ocm-paring th(2 x s s y31 ril4r i x • .i
t �W C�aaal 13 "
fh'e necessary it t' r
�74tid1QlilCy t�elct chit a.
a �
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by the City Staff.
IiF�r�7 f %ri rcr `:1ry input or col :.. } ? °.F�L i" !" 11
As necessary, ,
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field data iZ
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Iv. Develop rina'ysis
b .+1N • i!J r "Lille + (�
the
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t'.h1c. y. :4 .L J. 4 , y1� L ii M1 Y... �� J L.LS
it14i31€1�,�,
tE3pslrk t:1�T: tci >s i^ , W11
f° i[1i 3
operations a,:.i C.L y� y}
rOVr: TiT 1;
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costs of iM gSa .xTy 1
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r, �,.� � M?�, 1 yl T. i9
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restr2+:t'ons, c'1914,
?rr'11: !.'r31-n Cit*,•` Water .r Ze Eta
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Return original and three copies of
aflnpleted'eortificate to:
City of a iagton Beach
Dopt. '� .2 _
P. 0. Box 190
Huntington Beach, California 92648
CERTIFICATE OF INSURANCE
TO
e1TY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
This is to certify that the policies of ;.asurance as described below have been issued to the insured by the under-
signed and are in force at this time. if the: policies are carn,diled or changed in such a manner that will affect this certi "sate, the
insurance company agrees to give 30 days pr: 'Written notice, by mail, 20 City of Huntington Beach, P. O. Box 180, Huntington
'Beach, Califo-nia 92648.
Engineering --Science Inc
Name of insured
Address of insured 1,,. N. Santa Anita Avenue, Arcadia, CA 91006
Location of Insured Operations Huntiaaton Beach/ Santa Ana/ Arcadia
0 Description of Operations "tdate- Mi air Elan
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POLiCiE3 IN FORCE
POLICYNUMBER
LIMITS OF t1A6tL1iY
EFFECTIVE
EXPIRATION
A Workers Compens< .ion
CAG
Statutory
Employers' Liability
358178
7-15-77
7-15-78
$ 100,000
B. Public Liability:
* $1,000,000 comrA- ile
Bodily Injury:
limit "' occur
Manufacturers and.
Contractors M
$ Each Person
Comprehensive
General 12
CAW
$ ° �(1(1 ; t1tT1_ Each Accident
(Including pro -ducts completed
253V
7- 15-76
7-15-79
operations)
Property Damage
++
it
r'
$ �Each Accident
C. Automobile Liability:
Bodily injury
CAD
500, 00 0
$ * ._.Each Person
053679
7-15-77
7-15-78
$ 500= 000 Each Accident '
Property Damage
'r
r'
tt
$500 .000 Each Accident
Does policy cover:
All owned automobiles ( g) Yes { ) No
i ,,n-owned automobiles { X) Yes i ) No
Hired automobiles ( X ) Yes ( ) No
D. Additional Insured Endorsement:
The insurer agrees that the City of Huntington 3each City Council, ant] for all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or
employees of the City of Huntington Beach, when acting as sucIt re additional assr-*eas nareunder.but only as Tzspects
I A //` — the nroiect described abovte.
s'\ f, hold Harmless Agreamen By Insured:} ��'i� sfp� Corporate Secretary
a\� The insured agrees to protect defend, indemnify and save harmiess the City of Huntington Beach against loss, damage or
expense by reason of any suit., ,!alms, demands, judgements and causes of actioii Caused by insured his employees agents t
or any subcontractor arising out of or in consequence of the perfonnance of ail or any operations covered by the certificate
of insurance, and such insurance shallbe primary to any insurance of the city.
F. Minimum Limits Required, 500,000 APPROVED AS TO FC3PA:
Combiriod Single Limit Bodily Injury and/or Property Damage including Products Liability: DON P. B NFA
combined single iimit per occurrence. City ttorney
G. i?emarks:
By.,
e ut City Attorney
Mate -29-7
INSURtANCE,CWPANrV 1.1 .r kVal Ku e 6'i:V , � 3 ,C
itltn7¢ `LOI'*:$�:�TAL TIN-11vi 121111 RANCE CO. By Signature of „ tithorixa'4 iieprosantativa/Agent
Address 520 S. LA PAYE` E I'LAU Address �MTi"cr: BlXtl.�T,ntz -;*qrrar:cz cA,. iM17
City Ilor ANOME r Telephone 713) 483-0152
Plus $"2,500,000 Uormlla Policy w POLICY 611,838335 - MISSION =11MANCE CO.
UPIRBS 7-1.5., TS
l
REQUE�f FOR CITY COUNCIL ACTION
Submitted by ff. E. Hart Department Pulblic Wark,9
k Date Prepared jgne 23, 1st Backus !Material Attached Yes No ,
City Administrator's Comments i
i
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Approve as recommended.
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Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions*
Statement Of issue:
By Council, action on June 19, 197B, the City council accepted the proposal.
from Engineering Science, Incorporated, to complete the ^omputter model and
analysis, and, authorized the preparation of a professional service agree-
ment.
Reconmmendkd_ Action:
Authorize execution of the a,* ached professional 6%.rvice agreement between
the City of Huntington Beach and Engineering Science, Incorporated for a
computer model of the Cite water system.
-3n�Lsi:
:he amount of $35,000 was bugeted in FY 77--78. The cost of the proposal
service per the contract shall not exceed $26,950.
Funding Source:
Water Account tics_. 920 -992 in .FY 77--78.
H'SZi : LAl:.- I
Attach,
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