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Home My WebLink AboutSchiff and Associates - 2008-09-02 -T AA Council/Agency Meeting Held: .� Deferred/Continued to: a App ov d ❑ Conditio all Approve ❑ Denied City CIS k's Si nature !� T II/ Council Meeting Date: 5/4/2009 Department UD umber: PW 09-10 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COIJNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTII PREPARED BY: TRAVIS K. H PKINS DIRECTO F B I WORD O PE, SUBJECT: Approve Amendement No. 1 for As-Needed Corrosion Engineering and Maintenance Service Contract Statement of issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) ,a Statement of Issue: The Public Works Department requires professional corrosion engineering services on an as-needed basis to support staff for the design and construction, annual assessment, and maintenance of metallic components in the water system. Funding Source: Funds are available within budgeted water capital improvement projects, and Water Fund, Water Engineering, Professional Services Account No. 50685201.69365. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No.1 to Agreement between the City of Huntington Beach and Schiff Associates for as-needed Corrosion and Maintenance Services. Alternative Action(s): Do not authorize the amendments and direct staff to request proposals from other corrosion engineering firms for maintenance and design services for various capital projects. J REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/4/2009 DEPARTMENT ID NUMBER: PW 09-10 Analysis: The City's proposed water Capital Improvement Program is approximately $12.8 million in FY 2008/09. Projects include the installation of new water mains and corrosion control on more than 13 miles of the City's transmission mains. Design and construction engineering support for the myriad of projects is assigned to firms specializing in the various disciplines as it is not possible to complete the large workload using only City staff. In September 2008, the City retained the services of the corrosion engineering firm, Schiff Associates. The original contract was for three (3) years duration and for an amount not to exceed $250,000. In the first year of the contract, the City has encumbered all $250,000 of the Schiff Associates contract. Amending the contract to an increased amount not to exceed $750,000 will insure adequate funds are available throughout the remaining contract term. The original contract amount was expected to cover anticipated workload for Schiff Associates over the 3 year period. However, since September 2008, City staff and Schiff Associates have been studying different approaches to cathodic protection and identified a pilot project to test the internal joint bonding method. Internal joint bonding adds cathodic protection conductors to the inside of the pipe rather than the outside. It appears to have significant benefits, including significant lower cost, minimal traffic control, less cutting and digging of streets, fast and easy installation, and accurate internal pipeline inspection. The pilot project is on Edwards Street and is currently under construction. As a result, the original contract amount of $250,000 was only enough for the pilot project leaving no other funds in the contract for other work. The recommended increase in contract amount by $500,000 will provide sufficient funds to continue our joint bonding and cathodic protection program to further extend the design life of our vital transmission water pipelines. In light of the current economic downturn, Schiff Associates reduced their 2009-2011 schedule of hourly rates by 10%, and will be applicable as of May 1, 2009 for future projects. Public Works Commission Action: Not Required Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: Not Applicable Attachment(s): , a o . ® - o s Amendment No.1 to Agreement Between the City of Huntington Beach and Schiff Associates for As-Needed Corrosion and Maintenance Services -2- 4/22/2009 8:53 AM ATTACHMENT # 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCHIFF ASSOCIATES FOR AS-NEEDED CORROSION AND MAINTENANCE SERVICES THIS AMENDMENT No. 1 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and SCHIFF ASSOCIATES, a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, CITY and CONSULTANT are parties to that certain agreement dated September 2, 2008, entitled "MAINTENANCE AND PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCHIFF ASSOCIATES FOR AS-NEEDED CORROSION ENGINEERING AND MAINTENANCE SERVICES"which shall hereinafter be referred to as the Original Agreement; and Since the execution of the Original Agreement, CITY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL. WORD CONSULTANT shall provide to CITY , on an as-needed basis, such additional services as may be required by CITY. 08-1614.002/32064 1 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT an additional sum not to exceed Five Hundred Thousand Dollars ($500,000.). The additional sum shall be added to the original sum of Two Hundred Fifty Thousand Dollars ($250,000.00), for a new total amount of Seven Hundred Fifty Thousand Dollars ($750,000.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. SCHIFF ASOCIATES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: Z CA California print name 91 tie /ITS: (circle one)Chairma resident/Vice President AND Mayor By: print name rty Clerk ITS (circle one, Secretary Chief Financial Officer/Asst. Secretary-treasurer INITIATED AND APPROVED: Director of PublidfWorks REVIEW APPROVED: ROVED AS TO FORM: Ptryministrator City Attorney 09 08-1614.002/32064 2 ... N ✓ i MJSCHIF-01 FRRO ACORDt,N CERTIFICATE OF LIABILITY INSURANCE :=71,1/2008'ArAiDDIYYYY) PRODUCER (888)825-4322 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bowertnaster 8,Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 6026 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 10805 Holster Street-Suite 350 — l Cypress,CA 90630 INSURERS AFFORDING COVERAGE NAIC#i _............_...._....._._.---......._...... -...._..- --._..... - -- .._............... -..................—..---__......-- ..._..._. —___.._....__.._..----._._...... -_._ 11.............-._.._.. INSURE[) M J Schiff&Associates INSURER Travelers Indemnity Company of C_T ' --.........-._..-... ----- -............. -..._._.....__. .... ........._..._.........._.._....................._... 481 West Baseline Rd rSIX"•r.ls Travelers Property&Casualty Co of Amer; ---- ---- — — - __—---._................ ._... Claremont,CA 91711- INISURERc Redwood Fire&Casualty Insurance - ._........ --- - ---.._......_..,..._..- -------------------- ... .__.......__.._.._._.........._-.-. Wsur,nm St. Paul Fire&Marine -._..............._........_............._..- ....--- --.........__............__...__. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING AIJY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. n. - -- __._._._.._...... ....__.....---------- NSRinL..'L............._._. .. ..._—._i._-..-__.—.-...._.._.___ _._—.....__-._._.._..___.__.._..._... POLICY NUh4BER POLICY EPFEC7N/E POLICY EXPIRATION LT£2 IIJSRD TYPE OF INSURAWC[ I DATE tMM1UDlYYf Aj[(MMIDD LIMITS GL'14F.RAL LIAR Lnl 1,000,000 t.Ac H occ ua rN-Cr: A X r ;. I rz I 1680479OM899 7/11/2008 7/11/2009 rAr Tz;f Tc rrlarrD PRCI�E L�tLa ccurcnce• 3 300,000 --- _. ;r X EX (Any Q L l n} 5,000MEO - _ _. _ ._............ ...., PER501,1/+L x ADV Ir.-URY I s 1,000,000 GENEIZAL AGGREGATE ti 2,000,000 ___ ._._. __ --- __— =1' 'IT'. - JII: bt.l tr-J% FRO ICTS-CCMP/OP AGC, $. ,000,000 , l I — .._---_........ I Al1TOk;UB10E LEABR.ITY ^oMHlnn_Ll sOtiGI.E+.Il��n y, 1,000,000 B 'X ' r.:. iBA4838M119 711112008 7111/2009 Iea cc,Ulrrdl _ ... .................._ _ ._ Y j Xi? _.._..... D L-OGIL Y Ir-1[X:'i TO FORM 'I•rr irul,ntl I Y '• F� GRgTH J PROF'I RTY DAJA.'' ;GARAGE LlAflll-ITY AtJ10 ONLY-Ell AC.C:r)041 7 EA ACC i .-...._.__._...............___.. .I. . AUTO ONI.}' AG G S EXCESSIUMSRELLALIABILITY—` EACH 0000R*NCE k 5,000,000 ! 13 I X 1 c,:;:Ur, C..IAI s >+n;: CUP0375T671 7/1112008 7111f2009 AcsREr.,ATc 5,000,000 .... ..... .......--- I X _rEnrun g $10,000' WORKERS COMPENSATION AND j —STATU--_. O,—TH_ - YLIM , EMPLOYERS'LIABRATY IT .ER. — C !W7938045 911/2007 9/112008 r_I. EACHACCII:rNT s 1,000,000 - ---------- _..--- 1 000,000 _E L DISEASE-EA FMPI OYEf. S i ELDISEASE.-POLICY LIMIT F -----_1,000,000 OTHER p iCommeicial Professional Liabil C�p03814045 7111/2008 7111/2009 $20,000 ded $5,000,000 cVaTUd I DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES t EXCLUSIONS ADDFD BY ENDORSEMENT 1 SPECIAL PROVISIONS $10 day notice of cancellation for premium non-payment or non-reporting of payroll. All operations per written contract. Nith respect to general liability,The City of Huntington Beach,its agents,officers,and employees are additional insured per attached ZGD3810907 form. Auto additional insured endorsement and waiver of subrogation attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 7HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Huntington Beach DATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 2000 Main Street Huntington Beach,CA 92648- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �--- ACORD 25(2001/08) ACORD CORPORATION 1988 S� ff��iiy INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST ; j 1 . Requested by: Andrew Ferrigno '! 2. Date: July 28, 2008 3. Name of contractor/permittee: MJ. Schiff & Assocoates 4. Description of work to be performed: As-Needed Corrosion Engineering �! 5. Value and length of contract: $250,000, Three Years !I 6. Waiver/modification request: Professional Liability $20,000 deductabile II I� 7: Reason for request and why it should be granted: Schiff & Associates is financially able to pay the $20,000 deductible, refer to attached 2007 End of Year Balance Sheet 8. Identify the risks to the City in approving this waiver/modification: The City could conceivability lose $20,000 in the event of a Schiff bankruptcy coincident with a claim by I the City against Schiff's insurance. f Departm'64 Head Signature Date: if------=---__----_—__--- - APPROVALS — Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approv I frTe the City Administrator's Office is only required if Risk Manageme and City Attorney's Office disagree. ; ' uk�Ma nagementoved ❑ Denied Signature Date j 2. City Attorney's Office Fe�II proved ❑ Denie ' Signature Date I� 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date !i If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, II this form is to be filed with the Risk Management Division of Administrative Services !! I I �I schiff-waiver_form_0808 7/28/2008 4:14:00 PM mj SCHIFF & ASSOCATE& INC BALANCE SHEET DECEMBER 31. 2007 ASSETS Cash on hand ad in Bank 174158 85 1 g8n707 S2 locomms 4E23 10 inExpense Advance - E-MIPIOYecs 54A 4Y24 00 Other Cun-ent Assets j-'sSel's lQ1547M Asseta Fm«D+ andE§dpmem 819W82 Computer Equ". & Waled SoRware MgMl Tewmad Eqwpme9 21R70417 Aums & Sucks 4133513 a094 25 48131968 Less Amm Dapombon & AmoQahm (467170M Assels 1234918 Dum Assm 1'.1 C!n C; 11;)e t I t i I' emrHC1 21 A02 28 Oi !"ifc: 11-1s, Policy 146530 Wi lmommem . Omm- 10900 QU Ran Dequit ltwoo - Too! Other Swats 18%67227_ Tou% Assets $ l72157E55 ncnes and compkation repon . MI. SCHFF &ASSOCIATES INC. ~ B/ILNCESHEET DECEMBER3t2007 G26 GdES AND STOCKHOLDER& EQUITY 2»cd Gabdex »cam ueaP�aea 5 to%ay 2a LSGP & JOIK Ran -CoddbesnPay @e l0¢0�020 Q«mPeP«med: & e§c ha&¢e: 100989 c m+m Own of Lug TOM Debt7oE00 TaN Way Dames 231.861 27 9+%d „ , eLoms . ` � :0182 Loan - E«§paa» 1597132 S::Sai . 4$0811a Lem CuPontPo%on %020100) m Lang Te n W GAS 29 4BI14 UK Lable: 261344/l S<wr?aa2 a my Com awnSkuk 2t9y.t Pa: In Cap GI 100 B14 3 rums 3\edEa%ng: . _ t ¢6 « [ S%:khddw2EgdK 1AVO £3/ T%% DaS mes & SDckholdei Ed§K 5 £72157\5 Sea anached n3es =nd a wm @ mscom/m>n re poR fvI.J. SCHIFF & ASSOCIATES, INC. STATEMENTOF INCOME I"ORTHI-E YVD PERIOD ENDED DECEMBER 31, 2007 Total Revemic,(nm of acijusimonts e vvi-im-offs) $ 4,023,041.80 co"t ;0I saies Direct Costs: S 1,173,886,46 154.201 A5 20,0411,87 2 7,1 '137 30 Tozai Dw,ct Costs 1,501,358,92 Costs: cc 311,924.32 ayfci! 888,404.29 '163,180.82 144,724.84 Tatal hidiE'ect Costs 1,228,234.2 7 -1"(A;).1 Costs of Sales 2,729,59119 iJlarclin 1,293,454.61 G 1 (1 1 111 s t r a t.I v e Expenses $ 102,864.65 2.332.54 155.817,60 97,042,56 27,472.05 67.4,1 54,220,88 26,160.84 17 200.00 rc;n135,163.00 33,256,02 3,2' 8 n.i -7 p 22,348.31 5,47-1.38 67,393.75 P 3 2.623.23 �pf jilt 1;lu Dedivery din— 21,755.49 i)mk,".33 152,054.61 8,221.45 2,90&00 lul err',". C-mil-Ir I axe;:us' 9,135.50 43.486,67 98,69&38 I 83995.03 Get'lefi-'d & Administrative Expense '1,158,5811,74 -�Suk f).,,s of Operations 134.869.87 Other income o, (Expejisc,) /10 Total Cthet Income & (Expense:) 22,470 72 "Ic.-t Income- S 157 3"4 0.5 9 '(I I lott"s C. and 1'--,-;_cun1ant's complation report fvl ,.). ',")CHIFF & ASSOCIATES, INC, STATEMENT OF ACCUIVILTATED EARNINGS FOR THE PDOOD ENDED DECEMBER 31 2007 n \ y Pon mamss Yee Den & 2006 $ 1080514 -t' ficrn to ;ad t32115815 Cunvusion of Accomms ReceQ@W-,, -its Payable!,'�cco(.jr (Q31I152, mavo KOS Am-umumod Eamirigs; lA5105117 F'r-ci of PI lol bu��mess yeal. WOO PCINd monn . Yew io Date 15T341159 WAR DAnNman meam Dwe (274.762.50) 114093t2b See aaached no CQf_I7IPd3tI a'11 IePOR a CITY OF HUNTINGTON BEACH Professional Service Contracts FB=rTjgp9* Purchasing Certification Amendment # 1 1. Date Requested: March 23, 2009 2. Contract Number to be Amended: 08-161*2323+ � 3. Department: Public Works 4. Requested By: Andrew Ferrigno 5. Name of Consultant: Schiff and Assocoates 6. Amount of Original/Prior Contract: $250,000 7. Additional Compensation Requested: $500,000 8. Original Commencement Date: September 2, 2008 9. Original Termination Date: September 2, 2011 10.Extended Date Requested: NA 11.Reason for Contract Amendment: We have exhausted the contract limit in the first 9-months. The contract limit was set too low. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 50791016.82100 V Department H ad Signature RI PAML Central Services Manager RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Amendment No. 1 for As-Needed Corrosion Engineering and Maintenance Service Contract COUNCIL MEETING DATE: , May 4, 2009 ' RCA ATTAC' ENTS Tus, Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached F❑1 Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable El Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El Not Applicable E Bonds (If applicable) Attached El Not Applicable Staff Report (if applicable) NoAttached t Applicable Commission, Board or Committee Report (if applicable) Attached F-I Not Applicable E Findings/Conditions for Approval and/or Denial Attached El Not Applicable "QWMI S NG ATT 0,t !E,?(PIX ION I, I AC HIVIENT r REVIEWED RETURNS®. FOR ®EDP 30 Administrative Staff 4 al 10 2099 11 Deputy City Administrator (Initial.), ,, ____ _ I City Administrator (Initial) 7"C" City Clerk EXPLANATION FOR,RETURN OFJT M' (PeloW Spade For City,Clerk's Usd Otily)i RCA Author: Andrew Ferrigno:jg City of Huntington Beach " 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK e JOAN L. FLYNN CITY CLERK May 5, 2009 Schiff Associates Attn: Dr. Graham Bell, President 431 West Baseline Road Claremont, CA 91711 Dear Dr. Bell: Enclosed for your records a copy of Amendment No. 1 to the Agreement between the City of Huntington Beach and Schiff Associates for as-needed corrosion and maintenance services. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) Council/Agency Meeting Held: Deferred/Continued to: *Appro ed ❑ Conditionally Approved ❑ Denied '`City rk's ignatu e Council Meeting Date: 9/2/2008 Department V Number: PW 08-063 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF BLIC WOR SUBJECT: Approve Contracts for As Needed Professional Corrosion Engineering and Maintenance Services Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) 11 Statement of Issue: The Public Works Department requires professional corrosion engineering services on an as-needed basis to support staff for the design and construction, annual assessment, and maintenance of metallic components in the water system. Funding Source: Funds are available within budgeted water capital improvement projects, and Water Fund, Water Engineering, Professional Services Account No. 50685201.69365. Recommended Action: Motion to: r 1. Approve and authorize the Mayor and City Clerk to execute a Maintenance and Professional Services contract between the City of Huntington Beach and V & A Consulting Engineers, Inc. for as-needed Corrosion Engineering and Maintenance Services; and (�_)Approve and authorize the Mayor and City Clerk to execute a Maintenance and Professional Services contract between the City of Huntington Beach and Schiff Associates for as-needed Corrosion Engineering and Maintenance Services. Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other corrosion-engineering firms for maintenance and design services for various capital projects. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/2/2008 DEPARTMENT ID NUMBER: PW 08-063 Analysis: The City's proposed potable water Capital Improvement Program is approximately $12.8 million in FY 2008/09. Projects include the installation of new water mains, and corrosion control on more than 13 miles of the City's transmission mains. Design and construction engineering support for the myriad of projects is assigned to firms specializing in the various disciplines as it is not possible to complete the large workload using only City staff. It is beneficial to retain qualified firms for capital project design and engineering. Project assignments are rotated among the consultants, taking advantage of specializations. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. The proposed new contracts allow for a three-year contract terrn with a total budget not to exceed $250,000 each consultant over the three-year contract term. Funding sources will be capital project accounts, using the approved project budgets. Public Works Commission Action: Not required. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: Not applicable. Attachment(s): Pa N10 ® - . ® - , � 1 Maintenance and Professional Services contract between the City of Huntington Beach and V & A Consulting Engineers, Inc. for as-needed Corrosion Engineering and Maintenance Services 2 Maintenance and Professional Services contract between the City of Huntington Beach and Schiff Associates for as-needed Corrosion Engineering and Maintenance Services -2- 8/20/2008 9:30 AM ATTAC H M E N T #2 MAINTENANCE AND PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCHIFF ASSOCIATES FOR AS-NEEDED CORROSION ENGINEERING AND MAINTENANCE SERVICES Table of Contents 1 Scope of Services.................................................................................................... 1 2 City Staff Assistance............................................................................................... 2 3 Term; Time of Performance.................................................................................... 2 4 Compensation ......................................................................................................... 2 5 Extra Work.............................................................................................................. 2 6 Method of Payment................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents........................................... 3 8 Hold Harmless ........................................................................................................ 3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance........................................................................................... 5 11 Independent Contractor........................................................................................... 6 12 Termination of Agreement...................................................................................... 6 13 Assignment and Delegation..................................................................................... 6 14 Copyrights/Patents.................................................................................................. 7 15 City Employees and Officials................................................................................. 7 16 Notices.........................................................................................7 17 Consent ................................................................................................................... 8 18 Modification............................................................................................................ 8 19 Section Headings .................................................................................................... 8 20 Interpretation of this Agreement............................................................................. 8 21 Duplicate Original................................................................................................... 9 22 Immigration.............................................................................................................. 9 23 Legal Services Subcontracting Prohibited............................................................... 9 24 Attorney's Fees......................................................................................................... 10 25 Survival.................................................................................................................... 10 26 Governing Law........................................................................................................ 10 27 Entirety..................................................................................................................... 10 MAINTENANCE AND PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCHIFF ASSOCIATES FOR AS-NEEDED CORROSION ENGINEERING AND MAINTENANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SCHIFF ASSOCIATES, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as-needed corrosion engineering services as well as limited adjunct maintenance and repair services; 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 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 Dr. Graham Bell, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 08-1614/23231 1 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on�8�2_ a�. , 20 09' (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the date of final execution, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION 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," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 08-1614/23231 2 6. METHOD OF PAYMENT CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A. Reference this Agreement; B. Describe the services performed; C. Show the total amount of the payment due; D. Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E. For all payments include an estimate of the percentage of work completed. 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 To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), 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, 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) negligence, recklessness or willful misconduct related to 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. CITY shall be reimbursed by CONSULTANT for all costs and 08-1614/23231 3 attorney's fees incurred by CITY in enforcing this obligation. 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 a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish 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) 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. 08-1614/23231 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. state that the policy is currently in force; and C. 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 the provisions for indemnification of CITY by CONSULTANT under the 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 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. 08-1614/23231 5 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. 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 08-1614/23231 6 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; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONSULTANT: City of Huntington Beach Schiff Associates ATTN: Andrew Ferrigno Attn: Dr. Graham Bell, President 2000 Main Street 431 West Baseline Road Huntington Beach, CA 92648 Claremont, CA 91711 17. CONSENT 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. 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 08-1614/23231 7 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 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 08-1614/23231 8 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, each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 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, 08-1614/23231 9 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 supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on t i2L oa , 20 6)r . SCHIFF ASSOCIATES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Cali is By ° raka./v E C 3 -1,L print name Mayor ITS: (circle one)Chairma residen ice President �AN City Clerk 9Igl a8 By: 4 INITIATED AND APPROVED: print name ITS: (circle one)Secretary/ hief Financial Officer sst. Secretary-Treasurer Director of Public torks REVIEWED AND APPROVED AS TO CO TEN i/ City AdmWrator rAPPD AS TO FORM: Attorney 6� I 08-1614/23231 10 EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide corrosion engineering, and corrosion testing, for various City capital improvement construction projects and annual maintenance projects on an "as- needed"basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As-Needed Corrosion Engineering Typical Scope of Work (Exhibit A.1). Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish a scope of work request for each project assigned. 2. Furnish project related as-built construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. Exhibit A As Needed Corrosion Enginering 08 06-25-08 1 of I EXHIBIT Al CITY OF HUNTINGTON BEACH AS-NEEDED CORROSION ENGINEERING SCOPE OF WORK In general, the consultant shall perform corrosion engineering services on an "as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: 1. Field Services Provide soil testing, cathodic protection efficacy monitoring and training, forensic engineering services (related to corrosion engineering), and existing facility assessment. 2. Preliminary Engineering Prepare alternative preliminary layouts, estimates of probable cost for alternatives, and prepare engineering details, and calculations. 3. Permits Assist the City in obtaining approvals from applicable agencies for environmental and/or other permits as may be required. 4. Construction Documents Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City shall review the construction documents at the preliminary engineering, sixty percent (60%), and final documents stages. The drawings shall be 24-inch X 36-inch ink on mylar media. Drawings shall be in AutoCad 2008 and submitted in digital format. Construction specifications and bidding documents will be provided in Microsoft Word 2003. The City will provide a Microsoft Word Version 2003 of the General Provisions and bid forms; the Consultant shall modify the documents by adding the necessary special provisions and bid items. 5. Bidding Stage Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare and send out addenda, analyze bids, and recommend award. 1 of 2 EXHIBIT Al 6. Construction Stage Attend pre-construction conference. Assist the engineer, contractor, and inspector with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. Prepare "as-built" drawings. 7. Construction Inspection Coordinate and perform construction inspection services for City projects. Inspection duties may include inspection of cathodic protection appurtenances and coatings. 8. Design/Build The City will identify at the onset of a project when it would be permissible or advantageous for the Corrosion Engineer to be financially allied with the Corrosion Facilities Contractor. 9. Maintenance and Repair of Existing City Facilities Perform necessary repairs, maintenance or adjustments in the field to enable adequate testing or enhance the performance of existing infrastructure. 2 of 2 EXHIBIT A2 1.0 PROJECT APPROACH M. J. Schiff & Associates, Inc. (dba Schiff Associates and hereafter referred to as Schiff) is pleased to submit this proposal for As-needed Corrosion Engineering Services as requested by the City of Huntington Beach Public Works Engineering Division (City) in their Request For Proposals dated March 18, 2008. Schiff will provide qualified personnel to meet the needs of the City. Team members were chosen primarily based on extensive experience on similar projects and on-going projects with the City. Our team members are well experienced in the implementation and development of corrosion control programs of this size and complexity, as we specialize primarily in water and wastewater corrosion mitigation. As can be seen from our discussion and layout of the Scope of Work below, our approach to the essential elements for this project will be a comprehensive and thorough completion of individual tasks or all scope-of-work items in an integrated fashion. Mention is made in the description of scope of work the consultant shall perform corrosion engineering services on an "as-needed" basis and the scope for any one project may involve all phases of project development. This works well with Schiff's philosophy that individual project tasks are integral to previous and subsequent tasks. Field services naturally lead into preliminary engineering and then into permits, etc. Any one task is important and can be accomplished as a stand-alone item, yet the overall project relies on successful completion of the individual tasks as building blocks in order to provide a comprehensive package. Schiff recognizes this and our services are tailored to this effect. Field Services Schiff has experience in collection of soil samples and evaluation of corrosivity of the soil environment. Soil resistivity is a major determiner of corrosion, and three methods are used to evaluate the soil resistivity: • Wenner four-pin: this test method is done at a variety of depths to calculate the resistivity of the soil where the structure is buried; • Electromagnetic conductivity (Emag): The advantage of the Emag is efficiency, where the data collection can be performed by a hand held unit. The Emag produces a measure of soil conductivity, however, so Wenner four-pin testing is used in combination with Emag to provide for evaluation against the industry accepted categories of corrosivity; • Laboratory analysis: Additional soil resistivity data will be measured through laboratory analysis along with the concentration of soluble chemical species. Soil samples will be analyzed in Schiff's in-house soil laboratory, measuring the resistivity in both the as-received and saturated state to determine the corrosivity of the soil based on the most corrosive condition. Laboratory testing will also provide the concentration of soluble chemical species that are known to contribute to corrosion. All of the soil corrosivity data types will be weighed to refine the evaluation and provide a quantitative basis of material selection. Schiff's laboratory analyzed more than 4,300 samples last year and our day-to-day work includes corrosivity evaluation. Dr. Julie Bell is our laboratory manager and will be responsible for all soil analysis as well as water corrosivity analysis. 1 of 3 EXHIBIT A2 With respect to forensic engineering services, Schiff's approach is to investigate the corrosion problem, collecting all the information that can be retrieved in order to develop what is the most probable failure mode consistent with the test data and results, laboratory analysis, and physical findings. We collect the necessary on-site information and samples for metallurgical, chemical, and ASTM C856 petrographic analysis. Schiff personnel are experienced in collection of corrosion control data as part of our day-to-day business. These data give information on the corrosion condition and/or efficiency and sufficiency of cathodic protection. Proper positioning of reference electrodes is critical in providing accurate and repeatable data used in analysis of cathodic protection system efficacies. An integrated approach using soil data, pipe-to- soil potentials, knowledge of the structure (or facility) and if necessary, information derived from forensic services obtained from various existing facilities is analyzed and used to provide prioritized recommendations for corrosion mitigation methods based on the critical nature of the facility. Preliminary Engineering To assure efficiency and consistency, Schiff helps develop and implement standardized details and specifications for use in providing system wide conformance. Along with development of detail drawings, come alternative layouts, estimates for probable costs and calculations the permit value engineering choices to be made. Development of alternate layouts is a culmination of efforts performed by a contractor, City and/or Schiff personnel. Information obtained during the Field Services is utilized during the Preliminary Engineering. Permits Schiff would be available to assist the City in developing the information necessary as well as performing the legwork in obtaining approvals from applicable agencies for environmental, and/or other permits as may be required. Schiff has performed similar services for Orange County Sanitation District, Rancho California Water District and Irvine Ranch Water District. Construction Documents Schiff regularly prepares documents for various agencies in our day-to day work. Documents would consist of engineering calculations, designs, plans, specifications, estimates of most probable cost and contract bidding documents. Documents suitable for Bidding including General Provisions (provided by the City), Special Provisions, Technical Specifications, Cathodic Protection system design drawings, Contract Documents (provided by the District), Bid Schedule and Cost Estimate are typically provided. Submittals are typically made for review by the client (City) during the preliminary design phase, at 60% completion and final stage. Documentation would be submitted as required in a hardbound copy as well as electronically in Microsoft Office format. Drawings would be submitted electronically as well in AutoCAD 2008 and on inked mylars in size D (24" x 36"). Bidding Stage As part of our Project Management services, Schiff would be available to assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, analyze bids and recommend award. 2 of 3 EXHIBIT A2 Construction Stage Success in construction projects is often based in a solid and positive working relationship with the Owner and contractor personnel. This often begins with the pre-construction conference and lasts through the final completion and acceptance of the project by the Owner. Schiff works hard to achieve a harmonious environment and would assist the engineer, contractor and inspector with the interpretation of the plans specifications, analysis of changed conditions, development of corrective action(s), review of shop drawings and other submittals and the review and negotiation of change orders with respect to the project. At the completion of a project, Schiff often prepares "As-built" drawings. Construction Inspection As part of the Construction Stage, Schiff is often asked to coordinate and perform construction inspection services. Should these services be requested, they typically include either part-time or full-time inspection attendance. The inspection services, be they for cathodic protection appurtenances or for coatings, include daily inspection reports and assessment reports for records keeping. A regular part of Schiff's daily operations is Coatings Consulting. Services provided include: Review or development of specifications for coatings and/or linings projects; investigate sources of coatings failures or defects and make recommendations for corrective actions; provide expertise in selecting materials for various service environments; and installation inspection of both liquid applied and solid sheet linings (C- lock) to ensure compliance with contract documents. Schiff field inspectors have years of experience and diverse backgrounds in the industrial coatings industry. Each inspector is assigned to projects based on their level of experience with the individual project scope. Design/Build Should the City identify the need at the onset of a project, Schiff could and has teamed or partnered with a contractor to provide design/build services. Services provided would typically be a compilation of the above services and result in a functionally operable system upon completion. Maintenance and Repair of Existing City Facilities Schiff has successfully performed maintenance and repair of electrically discontinuous existing water pipelines for the City, on Springdale Avenue and Clay Avenue. Schiff's typical scope of work includes review of pipeline lay sheets, locate pipe joints, test to locate electrical discontinuities, excavate and repair unbonded pipe joints, install sacrificial anodes to cathodically protect the pipe, backfill and repair in accordance with City requirements and perform final testing and report of the results. Schiff typically teams with a licensed contractor, Jamison Engineering, to provide traffic control, excavation, hauling of cuttings, shoring, plating, backfill, and paving. 3 of 3 EXHIBIT B Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly payments toward the fees set forth herein in accordance with the following payment schedules. CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Total fees shall not exceed Two-Hundred and Fifty Thousand Dollars ($250,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). See Exhibit B.1 —Schedule of Hourly Rates 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. EXHIBIT B 1 of 1 EXHIBIT Bl 1.0 SCHEDULE OF HOURLY RATES (2008-2011) M.J. Schiff & Associates, Inc. dba Schiff Associates has, since 1959, provided consulting services in the field of corrosion control engineering. PERSONNEL CHARGES: Title 2008-2011 Hourly Rate Principal Engineer $250 Associate Engineer $180 Senior Staff Corrosion Scientist $175 Coating Consultant $160 Senior Corrosion Engineer $150 Corrosion Specialist $130 Coating Specialist $130 Corrosion Engineer/CP Specialist $130 Senior Corrosion Technologist $120 Field Engr/Corrosion Technologist $120 Corrosion Technician $1 15 Construction Inspector $1 15 NACE Certified Coatings Inspector $90 Coating Inspector $80 Craft Laborer $80 Drafting including Equipment $80 Word Processing/Clerical $65 Personnel time is billed in one-hour increments. These rates apply to regular and travel time. Charges for travel time will be limited to eight (8) hours per day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and 1 .5 times the above rates for inspector, technician and clerical personnel. Coating inspector has a four (4) hour minimum charge. EQUIPMENT AND MISCELLANEOUS CHARGES: Personnel charges include the indicating instruments commonly used in corrosion testing. Specialized instrumentation/test equipment and facilities may require an additional charge. Other direct costs (ODC), such as outside consultants or laboratories, rental equipment and Waivers of Subrogation or specialized insurance required by client/project will be charged at cost plus fifteen percent (15%). Travel expenses (airfare, local travel and accommodation) will be charged at cost. Meal and 1 of 2 EXHIBIT Bl incidental expenses (MME) during travel will be charged as per diem per Federal Government CONUS rates. Permits and fees required for projects will be charged at cost. Miscellaneous expenses including (vehicle usage, photographs, reproduction, binding, overnight mail or courier services, etc.) will be charged at 4% of total labor fee for the invoice. 2 of 2 As-Needed Corrosion Request for Proposal 2008 The following consultants were sent a request for proposal on March 18, 2008 for As- Needed Corrosion Engineering Services. Mike Prosperi from Corrpro sent a letter stating that they did not wish to send a proposal at this time. All of the other consultants in this list sent a proposal in response to the RFP. Mike Prosperi Technical Representative Corrpro Companies Inc. 13011 Florence Avenue Santa Fee Springs, CA 90670 562-944-1636 x 239 Mr. Jim Flake Engineering Manager Farwest Corrosion Control Company 1480 W. Artesia Boulevard Gardena, CA 90248-3215 310-532-9524 Mr. Mike Boeck P. E. RBF Consulting 40810 County Center Drive, Suite 100 Temecula, CA 92591 951-676-8042 Mr. Eric Frechette P.E. Schiff Associates 431 W. Baseline Rd. Claremont, CA 91711-1608 909-626-0967 Ms. Andi Corao Southwest Regional Manager V&A P.O. Box 23445 San Diego, CA 92193 858-380-4145 MJSCHIF-01 FRRO DATE(MMJDDNYM ACORD _T 7/1112008 ,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (888)825-4322 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bowermaster&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 6026 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10805 Holder Street-Suite 350 Cypress, CA 90630 INSURERS AFFORDING COVERAGE NAIC# INSURED M J Schiff a,�Associates INSURER A Travelers Indemnity Company of CT 481 West Baseline Rd INSURER B Travelers Property&Casualty Co of Amer Claremont, CA 91711- INSURER c Redwood Fire&Casualty Insurance INSURER D St. Paul Fire&Marine INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS$HDVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR_ - LTR NSRD1 TYP___ __POLICY EFFECTIVE POLICY EXPIRATION E OF INSURANCE POLICY DATE(MMQDN'Y1 DATE(MMIDIDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAA61- I U HEN I LID— A 71 CaAvIFFI-�IAL GENFRAL UABII IT', 680479OM899 7111/2008 711112009 PREMISES�renco' 300,000 5, -A—IMS MADE R MED EXP�An�one person) 000 PERSONAL&ADV INJURY 1,000,000 GENERAL AGOREGATE $ 2,000,000 HN 1,AGGREGATE E DIAITAPPLIE'-,PEP PRODUCTS-CaAPIOP AGG 2,000,000 POLICY —i 01 1 C( PRO- I I JEC7 -7 I LOC -AUTOMOBILE LIABILITY COMBINED SwGLE LIMIT 1,000,000 B X 7 1AI,F, uro BA483SM119 711112008 7/1112009 (Ea accident) O�Z BODILY INJUpY $ -HF4[I[.E'1-'�,-'JJT,-, (Per person) nl��F Ann P BODILYINJURY TO FC)RIV, Per acudent) [A FR PROFERTY DAM�GF GARAGE LIABILITY _y AUTO ONL(-EA ACCIDENT EA A(_�C T 0VT,AUTO OTHER HER THAN AUTO ONLY AGG $ EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE 5,000,5,00 OCCUR CLAIMS MADE CUP0375T671 711112008 7111/2009 AGGREGATE 5,000,-06-0 DEDUCTIBLE REIEN1110k $10,000 $ X I WC STATU- OTIN WORKERS COMPENSATION AND TORY LIMITS I E EMPLOYERS'LIABILITY C �W7938045 91112007 911/2008 F L EACH ACCIDENT $ 1,000,000 I Nh I)PFIEICPP iPTNE fEXECLITII,,E DISEASE-EA EMPt OYF. 1,000,000 1,000,000 EL DISEASE-POLICY POLICY LIMIT OTHER !Commercial Professional Liabil IQP03814045 7/1112008 711112009 $20,000 ded $5,000,000 cl/agg DESCRIPTION OF OPERATIONS!LOCATIONS J VEHICLES;EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS $10 day notice of cancellation for premium non-payment or non-reporting of payroll. All operations per written contract. With respect to general liability,The City of Huntington Beach, its agents,officers,and employees are additional insured per attached CGD3810907 form. Auto additional insured endorsement and waiver of subrogation attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 2000 Main Street Huntington Beach, CA 92648- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ACORD CORPORATION 1988 MJSCHIF-01 FRRO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. POLICY# BA4838MI19 Travelers Insurance Company Insured: M.J. Schiff&Associates Term: 7-11-08-09 ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: 13USINIESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRLTCKERS COVERAGE FORM SCHEDULE Name and Address of Person or Organization The City of Huntington Beach,its agents,officers quid employees are additional insureds per attached certificate A. The person or organization shown in the Schedule is included as an insured but only if liable for the conduct of an "insured" and only to the extent of that liability. B. CANCELLATION 1. If we cancel the policy,we will mail or deliver notice to such person or organization in accordance with the Common Policy Conditions. 2. Ifyou cancel the policy,we will mail or deliver notice such person or organization. 3. Cancellation ends this agreement. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES TO THE AUTO COVE:RAGF., Insured: M J Schiff& Associates Travelers Insurance Company 7-11-08/09 Policy Number: BA48381M119 COMMERCIAL AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART. Name of Person or Organization: The City of Huntington Beach, its agents, officers and employees Description of Job: All operations per written contract (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). -The TRAGdSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (COMMERCIAL GENERAL AUTOMOBILE CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard."This waiver applies only to the person or organization show in the Schedule above. M J Schiff& Associates Policy #-. GLP3895549 Term.- 2-8-08 to 2-8-09 Carrier: Great American Insurance Co. CG 20 33 (Ed. 07 04) THIS EtbORSEIVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMME'RCIAL GIFNERAL LIABILITY COVFRP-,GF PART A. SECTION It - WHO IS AN INSURED is This insurance does not apply to: amended to include as an Additional Insured any person or organization for whom you are 1. "Bodily injury,""property damage"or"per- performing operations when you and such sonal and advertising injury" arising out of person or organization have agreed in writing the rendering of, or the failure to render, in a contract or agreement that such person any professional architectural, engineering or organization be added as an Additional In- or surveying services, including: sured on your policy. Such person or or- garization is an Additional Insured only with a. the preparing, approving, or failing to respect to liability for "bodily injury," "prop- prepare or approve, maps, shop arty damage" or "personal and advertising in- drawings, opinions, reports, surveys field orders, change orders or draw- ings caused,in whole or in part, by: and specifications;or b. supervisory, inspection, architectural 1. your acts or omissions; or or engineering activities, 2. "Bodily injury," or "property damage" oG- 2, the aot,, or omissions of those acting on curring after: your behalf: a. all work, including materials, parts or equipment furnished in connection in the performance of your ongoing oper- with such work, on the project (other ations for the Additional insured. than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has beer, A person's or organization's status as an Ad-- completed,or ditional insured under this endorsement ends when your operations for that Additional In- b. that portion of "your work" out of SLAred are completed. which the injury or damage arises has been put to its intended use by any person or organization other than an- B. With respaQl to the insurance afforded to other contractor or subcontractor en- these Additional lnqured., thp following 2ddi- gaged in performing ooerations for a tional exclusions apply: principal as a part of the same project The City of Huntington Beach, its agents, officers, and employees are additional insured. CC., 20 33 (Ed. C)7/04) XS J, CITY OF 1--Id® NTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK September 4, 2008 Schiff Associates Attn: Dr. Graham Bell, President 431 West Baseline Road Claremont, CA 91711 Dear Dr. Bell: Enclosed for your records is a copy of the Maintenance and Professional Services Contract between the City of Huntington Beach and Schiff Associates for As-Needed Corrosion Engineering and Maintenance Services. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Contract G:followup:agrmtltr (Telephone:714-536-5227)