HomeMy WebLinkAboutENGINEERING-SCIENCE, INC - 1978-07-03A G R E E M E N T
THIS AGREEMENT, made and entered into this 17 dy
of , 17Y by and between the CITY OF
HUNTINGTON T3EACH, CALIFORNIA, a municipal corporation. herein-
after referred to as CITY, and ENGINEERING -SCIENCE INC., 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 enrage
the services of a professional engineering consultant for the
performance of necessary engineering services for and on behalf
of CITY; and
2. It isnecessaryand desirable that professional
engineering services be performed for CITY as more specifically
described in the Request for Proposal for Computer Model of
City Water System, 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 Ccde Sec-
tion 37103 and shall have all necessary licenses therefor to
practice and perform the services herein contemplated; and
4. CONSULTANT agrees to perform the engineering
services necessary for this PROJECT; and
CITY hereby employs CC'ISULTANT to perform
l
JG:ahb
6/14/78
.1 4
E.
the following services as required by PROJECT and CONSULTANT
agrees to provide those services in accordance 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 Code Sec -
Lions 1090-1092; and
7, CONSULTANT warrants that it shall pe2form the
services herein contemplated in coYip lance 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. ,nd the California Labor 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; and
8. The parties hereto desire to set forth their
rights, duties and liabilities in connection with the services to
be performed under is 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 Exhibit "A" including but not limited to
surveys, investigations, consultations and advice, estimates of
quantities and costs, and any Esther miscellaneous engineering
M
2.
costs, preparation of the special provisions and any oth-3r mis-
cellaneous engineering services required to permir CITY to adver-
tise for bids for construction of PROJECT.
(b) CONSULTANT shal-L 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
in all consultations with CITY during fulfillment of thetermsof
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 )e turned over to CITY upon completion of PROJECT.
SECTION 3. DISCRIMINATliN:
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
ofL' race, religious creed, color, national origin, ancestry, physi-
cal handicap, medical condition, marital status, sex of such
persons, except as provided in Section 1420. Violation of this
provision may result in the imposition of penalties referred to
in Division 2, Part ?, Chapter 1 of the California Labor CodL.
SECTION 4. INDEMNIFICATION, DEFENSE, HOLD HARMLES"
CONSULTANT hereby agrees to defend, indemnify and
3.
hold harmless CITY, its Dfficers, 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 limi,i�ed to such liability, cost, damage, loss,
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, or of CITY), ex-
cept where such liability, damages, costs, losses, claims or ex-
penses are caused solely by the neglLigent 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 5 of
the California Labor Code and all amendments thereto? and all
similar State or Feeteral acts or laws applicable; and shall in-
demnify, defend and Bold harmless CITY from and against all claims,
demands, payments, suits, actions, _proceedings a.id 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
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incurred by reason of any work to be performed by CONFULTANT
under this agreement.
SECTION 6. INSURANCE:
CONSULTANT agrees to furnish to CITY and maintain in
force until the completion of PROJECT a general lJa.bilicy in-
surance 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
provide 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 insurance carried by CITY which may be
applicable shall be deemed excess and CONSULTANT'S insurance
primary despite any conflicting provisions in CONSULTANT'S
policy to the contrary.
SECTION T. INDEPENDENT CONTRACTOR:
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 shall
secure at its expense, and be responsible for any and all pay -
me. -it of income tax, social security, ,state disability insurance
compensation, unemployment compensation and other payroll de-
ductions for CONSULTANT and its officers, agents and employees
and all business licenses, if any, in conneati.on with the' serv-
ices to be performed hereunder.
5.
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 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 hourly rates but shall not
exceed $26,950,
Principal Engineer &
Scientist
$
52
per
hour
Supervising Engineer
& Scientist
$
42
_per
hour
Senior Engineer & Scientist
$
3'7
per
hour
Engineer & Scientist
$
30.50
per
hour
Associate Engineer &
Scientist
$
2$
per
hour
Assistant Engineer &
Scientist
$
24.50
per
hour
Senior Designers
$
35
per
hour
Designer
$
29
__per
hour"
Technical Specialist
I
$
24,50
per
hour
Tech ical Specialist
II
$
20 per
hour
Support Services ?
$
20
per
hour
Support Services I
$
15.50
per
hour
Support Services III.
$
1G.50 per
.hour
6.
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SECTION 10. EXTRA WORK:
(a) In the event of authorization, in writing by the
City Engineer of changes from theworkas 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
percent of the total contract, as specified above, without ap-
proval 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" on 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 w1jh 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. maybe delivered in person to
CONSULTANT or mailed through the normal course of mail to its
row -established business address.. In the event this agreement
is cancelled, all drawings, designs, specifications and appur
7-•
tenant data may be used by CITY without additional cot 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.
SECTION 1.2. SUBCONTRACTORS
k
This agreement: is a personal service contract and the
rz supervisory world hereunder shall not be delegated to any person or
entityTithout 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 agreement
is in effect.
b` ITS ;.rN_TNESS WHEN•„ECF, 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
c'` a
CITY OF HUNTINGTON DEkaH
a municipal corporation
1
Mayor
ATTEST
BY: Alicia tin 'Wentworth
City Clerk
Deputy City Clerk-
REVIEWED AND APPROVED APPROVED AS TO FORM:
Ci Administrator City Attorney
INITIATED AND APPROVED:
Director of P Lic Works
y.
9
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EXHIBIT A
SUBJECT: Computer leltodeal of City eater Sys}t:--r-%
This project involves the pre ),:irzit .on th-3 �"➢Sj phi } s};m t'n, .
comprenensi e sys c.. anitlysis and the t_«ma�➢fix➢!'.i S 1'i�i .4 :,.e} : :a: �, Y u
City personnel in the as. �� t1he fo"pt;ter ri-d?'. iia(. ^.3).to' >'
.,
is intended to meet she following objeotx es:
SJ To de te...rm. -;,ne t-4he .1AIC1,11,'iac.�`' �+
-resent and f-uture use.
g
+ tines to ccrrect system def:�7''r�<��r?e
thL SySteM On a basis.
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EXHIBIT A
Compute: Model of City Plater System 1
t page 2
1II . Analyse Exi stinq System. Pert ornaancc .
Check the accuracy of the notwor::
e: istlnq systE'_n die i:icncie'S'. iilC 1}i.ndjram
run using collected r.ata. The accuracy check '.,ill bo nadt .Oy
comparing the- grogram flow .and pressure output %-ith th1�
ponding field data. The necessary field data, are Lo -)t
by the City staff.
As necessary, modify thy: orogram inout or col.l.cct ,-Wd t` 1^i+ i i
field data ii inaccuracies are found
IV, Develop Analysis trbcc.-Il Trcs.
i�o. T�tent the s st��ia t�n�ax 4 J.7 pr,ce,.iu::cts int°� an
manual which w.L1I pro- We Fthq no'-
"epartment personnel V'o estimate :"lTturfa t--,a or
operations criteria, rai3'l prepare 1np'+lr .o T�ile
V. Reco.mmend imp rov('.ner.tS `C. riti-q-at'2 • ;tc: . -1? 1 .1-17, r2!
t cosi:s of these improvoint,;"nts an,,! o :'-IN,3sh
7 ? ,.s ecapacity .. � S 'F qi .,,;3 •ray � >., _.�•,..
� � . 1 Tl c �. _ v� :i S c. f s t0 �. c � ., ...� n San �. %. "I. ; Pat � i'8 ft a. ". I" . : i...5i;3 , , a
�! restriC+_ions, a i i a costs ..f pro`a'in ri?ac.'.T'?=?iit t 5'_:._. =.
w
Train Ci"% Water Deoar .taunt- Yersojnn 21.
Devote up to 16 Ta-cnhou=s to Ithe
it
City Wester Department per'so 1-nul In th*� ustr o!, (';io-
vIII. The consultant shall rovide the City ty lwith 2� asp$° ., ry!' ,i r`)-
Ject report.
Return original and three copies of
iii complote&cartificate to:
City of �}�%}�Rgton Beach
Dept. - J1�2i1
P. 0. Box Igo
Huntington Beach, California 92648
CERTIFICATE OF INSURANCE
TO
CITY OF HUNTINGTON BEACH, CALIFORNIA
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 manner that will affect this certificate, the
insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0. Box 190, Huntington
Beach, California 92648.
Name of Insured Engineering -Science„ Inc.
Address of Insured 150 N. Santa Anita Avenue, Arcadia, CA 91006
Location of Insured Operations Huntington Beach./ Santa Ana/ Arcadia
0 Description of Operations Wnfer Mns-ter Plan
r,
POLICIES IN FORCE
POLICY
NUMBER
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
.A. Workers Compensation
CAC
Statutory
Employers' Liability
35S178
7-15-77
7-1.5-75
$ . 100,000
B. Public Liability;
" $1,000,000 combined single
Bodily Injury
limit per occurrence.
Manufacturers and
Contractors El
$ * Each Person
Comprehensive
General E�l
CA4j
$ -ion OCO Each Accident
(Including products completed
299329
7-15-76
7-15-79
Operations)
Property Damage
11
11
,t
$sOC) * nnn Each Accident
C. Automobile Liability:
Bodily Injury
CAD
$ 500* 00 0 Each a-irson
053679
7-7 5-77
7-1.5-78
$ 500* OOQ_Each Accident
Property Damage
� ift"
1 It
500 $ * 000 Each Accident
Does policy covers
All owned automobiles
{ g) Yes C ) No
Non -owned automobiles
( X) Yes ( } No
Hired automobiles
( x ) Yes ( ) No
` D. Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach City Council, and/or 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 such re additional assureds hereunder.but only as respects
the project described above.
N E. Hold Harmless A reemen :0 a Corporate Secretary
t� 9 By Insured: iT
+' `�• ` The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or
expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agents
i or any subcontractor arising out of or in consequence of the 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. Mini►tium Limits Required: AO,000 APPROVED AS TO FORM:
Combined Single Limit Bodily 'Injury and/or Property Damage including Products Liability: DON P. BONFA
combined single limit per occurrences City ttorney
G. Remarks:..
By:
e uty City Attorney
.Date 6-29-78
TATiVE/BROKER
INSURANCE COMP.iNY MEN r VAN RUIK 6, '� 1�it;. �
B
Name,.CO RCI H(�i'0 I%aSUtt A2tCE CO. y Signature of Authorized4l presentative/Agent
Address 520 Sm LA FAY 1. PARK PLACE Address 1545 t`TLSifJRF BLVD. 0 T.6C. AV1r;7f.��rli, 90017
City LOS ANGELES; CA. 90C-57 Telephone (23.5) 483-0152
Plus $2,500,000 Umbrella Polity .. POLICY 01S38355 MISSION lViStMANCE CO.
VnPIRES 7-15-78
REQU FT C FOR CITY COUNCIL AC ION
Submitted by H. E. Hartge Department Public Works
Date Prepare' June 23, , 19,E Backup Material Attached Yes No
Subject _ CCITpn 7f"Pr Model of r; t�Wate S7stpm -
City Administrator's Comments
Approve as recommended. t�
4
Statement of issue, Recommendation, Analysis. Funding Source, Alternative Actions:
Statement of Issue:
By Council action on June 19, 1978, the City Council accepted the proposal
from Engineering Science, Incorporated, to complete the computer model and
analysis, and authorized the preparation of a professional service agree-
ment.
Recommended Action:
Authorize execution of the attached professional service agreement between
the City of Huntington Beach and Engineering Science, Incorporated for a
computer model of the City water system.
Analysis:
The 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 No. 920-992 in FY 77-78.
HEH : EAE : lw
Attach.
PID 3/78
MF:N , VAN I UlK t WA-LKE , I\ C'.
IS45 WILSHIRE BLVD.- LOS ANGELES, CALIFORNIA 900�7