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HomeMy WebLinkAboutV & A Consulting Engineers, Inc. - 2008-09-02 Council/Agency Meeting Held: Deferred/Continued to: *Appro ed ❑ Conditionally Approved, ❑ Denied City erk's ignatu e Council Meeting Date: 9/2/2008 Department 6 Number: PW 08-063 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF RUBLIC WORK 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,Attachment(s) 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 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 .- 2. 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 term 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. Attachmentts): 061ty Clerk' . o -i N'umwr Nd., 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 r = ` City of Huntington Beach and Schiff Associates for as-needed r t Corrosion Engineering and Maintenance Services -2- 8/20/2008 9:30 AM ATTACHMENT # 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 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 V &A CONSULTING ENGINEERS, INC 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 V & A CONSULTING ENGINEERS, INC., 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 Andi Corrao, 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. 08-1614/23241 1 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on � [— �20 Or (the "Commencement Date"). This Agreement shall r 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. 08-1614/23241 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 08-1614/23241 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. 08-1614/23241 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. 08-1614l23241 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 08-1614/23241 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 V &A Consulting Engineers, Inc. ATTN: Andrew Ferrigno Attn: Andi Corrao, Regional Manager 2000 Main Street 8291 Aero Place, Suite 110 Huntington Beach, CA 92648 San Diego, CA 92123 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 08-1614/23241 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 08-1614/23241 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, 08-1614/23241 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 -m8�,2 Da , 20 Off• V &A CONSULTING ENGINEERS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ' By: ° �1c.,Se t_. V i t1 a,la Incas print name Mayor ITS: (circle one)ea m /Pr ,Wice President AND City Clerk gMole By: "'/, �� INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary�Tr� easur�r� -- Director of Pub c Works REVIEWED AND APPROVED AS TO CONTENLT City Admin,)s`trator APPROVED AS TO FORM: file City Attorney 08-1614/23241 10 EXHIBIT "A" A. STATEMENT OF WORD: 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 DITTIES 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: I. 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 AI 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 SCOPE OF WORK The primary objective of this project is to assist the City with the performance of corrosion engineering services associated with its major assets, such as, pipelines, reservoirs, pump stations and other water handling or transporting equipment. It is understood that specific tasks will be assigned on an "as-needed" basis and that they could include various services that may include field testing or trouble shooting, corrosion protection design, data assessment and management, and other corrosion engineering services. As a result of V&A's recent work with the City, we are aware of some of the pipeline projects that are on-going or in planning. These include bonding and cathodic protection projects on the 36- inch\42-inch Springdale and the 30-inch Yorktown Pipelines. V&A has also provided services to the City to assist in the development of a pipeline corrosion data management system. Accordingly, potential services that the City may include in the subject project include construction support, continuity testing, cathodic protection system activation, performance testing and continuation of database development. V&A would be prepared to provide the City with any of the other services that it provides to our water industry clients. APPROACH It is anticipated that some of the tasks will fall into the following categories: Field Services; Design and Document Preparation; and Corrosion Program and Database Development. V&A's approach, or standard procedures, for addressing projects within these three categories are described. 1. Field Services All field testing is done by qualified field engineers or technicians who work directly under a PE or Corrosion Specialist. V&A has written procedures and data sheets for common field tests. A preliminary meeting is held between the lead field technician and the engineer to review project objectives, the purpose for the testing, test procedures, equipment preparation and potential problem areas. Pre-field activities also include notification of the client's field representative, verification of site directions, permission to access and accessibility (locked gates or barriers). The vehicle and test equipment are prepared the day before the testing is scheduled. Safety is of primary importance to all field efforts. V&A personnel wear OSHA approved vests and hard hats if the work is at a construction site. Field vehicles are equipped with limited traffic control equipment, such as cones and flashers. Extraordinary traffic control is either provided by the client by pre-agreement or contracted out to a qualified firm. 1 of 3 EXHIBIT A2 Field data sheets are dated and signed by the technician and prepared for the file and the PM. Typically field testing tasks are culminated in a debriefing session with the PM and other team members. Corrosion Program and Database Development V&A developed the Corrosion Data Management System (CDMS) which is a database specifically designed for the unique conditions in the water and wastewater industries that V&A has observed in its nearly 30-year history. V&A's previous work with the City included the development of a City of Huntington Beach CDMS. The current City CDMS needs some additional enhancements and the addition of pipeline survey data that is now available to make it the primary tool for the City to evaluate the status of its corrosion protection system. 2. Preliminary Engineering Design and Document Preparation: Each task begins with communication with the client so that his or her goals are fully understood. Communication between V&A staff is also encouraged in order to produce fresh ideas. Each task also ends with communication through the generation of a field report, technical memo or submittals (i.e., drawings, specifications, cost estimates, etc.) to document deliverables and the completion of tasks. For each project, V&A assigns a qualified project manager who takes full charge of the work until it is complete and the account is closed. Design tasks often require coordination with a V&A design team, subconsultants or service providers and with client schedules. Calculations, drawings, specifications and critical correspondence goes through a QA\QC process involving three reviews, technical, clerical and principal, as described above. Design procedures also include file completion, document management and client follow-up steps. 3. Permits V&A will assist the City in obtaining approvals from applicable agencies for environmental and/or other permits as may be required. 4. Construction Documents V&A understands the requirements for preparing drawings and can comply with the requirements set out in the request for proposal. 5. Bidding Stage 2 of 3 EXHIBIT A2 V&A has experience in responding to bidders' questions and attending pre-bid conferences and job walks. V&A has reviewed the requirements set out in the RFP and can meet the requirements. 6. Construction Stage, 7. Construction Inspection and 8. Design/Build V&A provides various aspects of construction assistance. Communication and coordination are critical at the start of every project. V&A's qualified engineers and technicians are currently providing inspection services on cathodic protection and coatings projects. V&A has Design/Build project experience on projects over$2 million. 9. Maintenance and Repair of Existing City Facilities V&A has extensive experience in performing maintenance of corrosion control systems. Minor repairs are frequently made during testing to eliminate future site visits. 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.I —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 I of 1 rL. C L.,,ke tiler htt i"a7a Siic.90 6600 e: 1999 i iarrill",St,Sure�;5 510.90s.5601 Oakland,CA 94612 vaengineenrg.ao,,i EXHIBIT B1 CITY OF HUNTINGTON BEACH AS-NEEDED CORROSION ENGINEERING SERVICES V&A CONSULTING ENGINEERS FEE SCHEDULE FOR 3-YEAR CONTRACT JOB TITLE HOURLY RATES Principal-in-Charge $260 Senior Project Manager $210 Project Manager $200 Senior Project Engineer $180 Project Engineer $155 Associate Engineer $135 Assistant Engineer $120 CADD Designer $120 Engineering Assistant $100 NACE Level II Technician $100 Technician $85 Project Administrator/Clerical $75 Forensic Engineering $340 Deposition/Court Appearance $445 RATES INCLUDE OVERHEAD AND PROFIT OTHER DIRECT COSTS Subcontractor/Subconsultant Cost + 10% Office Expenses Cost + 5% Travel (Air/Hotel/Per Diem/Rent-A-Car) At Cost Auto/Truck Mileage $0.50/Mile Field Truck Rental $80/Day Ultrasonic Thickness Gauge Rental $150/Day OAKLAND: I-OUS ON 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 ® Client#:418 VACONENGI1 AC®R®.M CERTIFICATE OF LIABILITY INSURANCE 0DATE(MM/D 7/24/08D/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 12675 Attn:KXC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 - 510 465-3090 INSURERS AFFORDING,COVERAGE " INSURED - - INSURER A: Hartford CaSUalty,lnsurance Co. V&A Consulting Engineers, Inc. 1999 Harrison St.Suite 975 INSURER a Insurance Co.'_ INSURER e: L Specialty nsu Oakland,CA 94612 INSURER D: 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 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DWY DATE MMIDD/YY A GENERAL LIABILITY 57SBALM8920 03/11/08 03/11/09 EACH OCCURRENCE $2 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $500 000 CLAIMS MADE F-1 OCCUR - - MED EXP(Any one person) $1 G 000 `J PERSONAL&ADV INJURY $2 000 000 GENERALAGGREGATE s41000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMP/OP AGG s4,000,000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY 57UECV11596 09/08/08 09/08/09 COMBINED SINGLE LIMIT $1'000'000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS - BODILY INJURY X NON-OWNED AUTOS _ (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY 57SBALM8920 03/11/08 03/11/09 EACH OCCURRENCE $1 00U 000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE A P7-� VED A C] TO� $ X RETENTION $10000 t1 lr 1 $ WORKERS f COMPENSATION AND TATU H- EMPOYERSAB JENNIFFR GRAT7 City me CS LIM ER E.L.EACH ACCIDENT__ $ 6 E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT I$ B OTHER Professional DPR9614251 07/26/08 07/26/09 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. RE: City of Huntington Beach As-Needed Corrosion Engineering Project-Job No.08-0211+2 (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WIkXWJ=X=TOMAIL30-_DAYSWRITTEN Attn:Andrew Ferrigno NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, $ K 2000 Main Street �aca«nt��xoc xnx>rrc� c Huntington Beach,CA 92648 xXXXKX c XKfflG c AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #M232597 PBS 0 ACORD CORPORATION 1988 DIES CRIPT ®NSContanued fr Page 1) GENERAL LIABILITY ADDITIONAL INSUREDS: City of Huntington Beach and its officers,agents and employees BUSINESS LIABILITY ADDITIONAL INSURED:The Certificate Holder and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C., Who Is An Insured,Sub-Section 6.,Additional Insureds When Required By Written Contract,Written Agreement Or Permit,Subsection f.Any Other Party of the Business Liability Coverage Form,Form No.SS 00 08. _Wc .. — am AMS 25.3(07/97)2 of 2 #M232597 V & A Consulting Engineers, Inc. Policy#57SBALM8920 EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. Aperson or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for"bodily injury, "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard, but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for"bodily injury"or"property damage" included within the "products-completed operations hazard. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or"personal and advertising injury" arising out of the rendering of,.or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. �+ DATE(MM/DDIYY) ACORD,�, CERTIFICATE F LI/d BILK H ,� �CJ16'Ctba66��E 07/07/2008 PRODUCER Serial# A23993 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON RISK SERVICES, INC. OF FLORIDA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1001 BRICKELL BAY DRIVE,SUITE#1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, MIAMI, FL 33131-4937 COMPANIES AFFORDING COVERAGE PHONE: 800-743-8130 FAX: 800-522-7514 1F CO - -..".--- -------.- --- - ---- COMAPANY AMERICAN HOME ASSURANCE COMPANY INSURED COMPANY DP TOFALSOURCIE CO XXIi,!NC B 10200, UNSET DRIVE - — TdIAMl,Hi... 33,173 COMPANY `AL I-ERNATE EMPLOYER: C V& A CONSULTING ENGINEERS COMPANY — — D COVERAGES THIS IS TO CERTIFY THAT 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r ----FPO -----—--— - -— .._...------ CO POLICY EFFECTIVE LrR POLICY NUMBER POLICY EXPIRATION TYPE OF INSURANCE DATE(MMIDD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILIiY GENERAL AGGREGATE S C1"1E C 3 ENr 2. L i k e3i LIT'r' PRODUCTS-COMP/OP AGG 1 - :LAIMS I PE 1 OCCUR PERSONAL AL&ADV-IN--JURY - S OWNER CCU Ti2 C,rURS F ROT EACH OCCURRENCE S FIRE DAMAGE (Anyone fire) � MED EXP (Any one person) $ AUTOMOBILE LIABILITY j ANY,AUTO COMBINED SINGLE LIMIT S - ALL OWNEC AU FOS - - BODILY INJURY $ SCHEDULE,AUTOS Per person) HIRED AU I OS — -- -- - BODILY INJURY NON-CVV<--DAUTO'J Per accident) S APPROVED TO FORM PROPERTY DAMAGE 1 - I I AUTO ONLY-EA ACCIDENT LIABILITY c TH,City ANY AUTO JENNCEE mey S OTHER THAN AUTO ONLY EACH ACCIDENT S ------ ___-- ------- I � AGGREGATE S - I .. .',, EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM ---—_— — AGGREGATE IS OTHER'I hIAN UMBRELLA FORM A —.- ------_--.. —�$ IO WORKER'SSATION AND 009 X ORY LIMITS ER jJl 3076C CA 07/01/2008 07/01/2 EMPLOYERS'LIABILITY __--------__-_----- EL EACH ACCIDENT IS 1,000,000 ' rraE as -F'.:T`'iz/ ILCL EL DISEASE POLICY LIMIT S 1,000 000 ,L-XC,- _ !EL DISEASE EA EMPLOYEE S 1,000,000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS At I_h/iPi_. '��:'✓R,Glv,a POi1 ,HE ABOVE NAI,r1EU CLIENT COMPANY,PAID UNDER ADP TOTAL SOURCE, INC'S PAYROLL.WILL BE COVERED T HE ABOVE OGE S I'A I -U POLICY. 'I HE ABOVE NAMED CLIENT IS AN AL`FERNAT"E EMPLOYER UNDER THIS POLICY. r°.E-CITY OF HUN T INGTON BEACH,PROJECT#08-0211 CERTIFICATE HOLDER 'CANCELLATION _ SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C;I I Y AF HUN1 ING I ON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL - AT TN:N: lAR ANUREVV FERRIGNO 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 20,90 FAWN STREET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY III 11tiTINGTON P>E!�CH CA 92648 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AON RISK SERVICES, INC. OF FLORIDA j ACORD 25-S(1/95) ©ACORD CORPORATION 1988 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Contracts for As Needed Professional Corrosion Engineering and Maintenance Services COUNCIL MEETING DATE: September 2, 2008 RCA AV CHMENT$ STATU� Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ 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 ❑ 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 ❑ Not Applicable Bonds (If applicable) Attached t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATIONI ISSING ATTACHIVItINITS REVIEWED;,, RETURNED FOR R ED Administrative Staff ( ) Deputy City Administrator(Initial) VZ City Administrator (Initial) ( ) ( ) City Clerk ( ) .EXPLANATION FOR RETURROF ITEM: - . , 4 3 4,AS drtL RCA Author: Andrew Ferrigno �. CITY H TI T 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 4, 2008 V & A Consulting Engineers, Inc. Attn: Andi Corrao, Regional Manager 8291 Aero Place, Suite 110 San Diego, CA 92123 To Whom It May Concern: Enclosed for your records is a copy of the Maintenance and Professional Services Contract between the City of Huntington Beach and V & A Consulting Engineering for As-Needed Corrosion Engineering and Maintenance Services. Sincerely, J n L. Flynn, CIVIC City Clerk JF:pe Enclosure: Contract G:followup:agrmtltr (Telephone: 714-536-5227)