HomeMy WebLinkAboutCORROSION ENGINEERING AND RESEARCH COMPANY - 1987-09-21October 25, 1987
Corrosion Engineering & Research Company
575 Dawson Drive, Suite 214
Camarillo, CA 93010
Attn: Clark P. Weldon, Project Manager
Enclosed is an executed copy of the Consultant Agreement for
Corrosion Engineering on the Downtown Water Transmission Pipeline
between Corrosion Engineering and Research Company and the City
of Huntington Beach which was approved by the City Council on
September 21, 1987.
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
(Telephone: 714-526-5227 )
E UE FOR CITY COUP( ACTION
Date September 11, 1987�
1�C
Submitted to: Honorable Mayor and City Council V , / �1 "
Submitted by: Paul E. Cook, Interim City Administrate---'' ,...•`
Prepared by: Pau- E. Cook, Interim City Administrator ctT
Subject: Request for Professional Inspection Services ,ern Downtown
Water Transmission Pipeline - Cathodic Protection (CC-699
"Corrosion Consultant")
Consistent with Council Policy? [ A Yes [ j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:ij
Statement of Issue:
The Public Works Department requests approval to contract for professional
corrosion engineering inspection services for the cathodic protection on
the Downtown Water Transmission Pipeline.
Recommendation:
Approve contracting for professional inspection_ services with Corrosion
Engineering and Research Company.
Analysis:
In October of this year, the city plans to begin construction of the
Downtown Water Transmission Pipeline. Inspection for the cathodic
protection system is beyond the capability of the Department of Public
Works. Therefore, inspection for this must be handled by a professional
corrosion engineering firm.
Requests for proposals were sent to six agencies prov.ding these services.
Proposals were submitted by Robert L. Deskins Engineers, PSG Corrossion
Engineers, Inc. and Corrosion Engineering and Research Company. The-
have been reviewed and evaluated by staff. The most qualif4ed firm is
Corrosion Engineering and Research Company. Based on the criteria 4n
their proposal and the projected time of construction, the inspection
services can be a'')mplished for an anticipated budget of $15,000+.
Funds for these inspection services have been included in the project
budget for th. Downtown Transmission Pipeline. If this project does
not proceed, the city will be under no obligation to retain the se -,,vices
of Corrosion Engineering and Research Company.
Funding Source:
Water Division's Capital Outlay Account 921689.
Alternative Action:
Deny request.
I_
Plo 5/85
CITY OF HUNTINGTON BEACH
CONSULTANT AGREEMENT FOR CORROSION
ENGINEERING ON THERDOWNTO,,N WATER TRANSMISSION
PIPELINE WITH CORROSION ENGINEERING AND
RESEARCH COMPANY
THIS AGREEMENT, made and entered into this -1 day
4-34
of —, 19,P-2 , by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and CORROSION
ENGINEERING AND RESEARCH COMPANY, a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant
to provide corrosion engineering consultant services to CITY for
the downtown water transmission pipeline; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as
follows:
1. WORI: STATEMENT
CONSULTANT shall provide all consultant services as
described in the Request for Proposal, dated July 22, 1987, and
Proposal from CONSULTANT,. dated August 18, 1987 (hereinafter
collectively referred to as Exhibit "A"), which is attached
hereto and incorporated into this Agreement by this reference.
Said services shall sometimes hereinafter be refs red to as
"PROJECT."
CONSULTANT hereby designates Clark P. Weldon, who shall
represent it and be its sole contact and agent in all consulta-
tions with CITY during the performance of this Agreement.
1.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coor.•dinator to work directly
with CONSULTANT in the prosecution of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services
of the CONSULTANT are to commence as soon as practicablE after
the execution of this Agreement and all tasks specified in
Exhibit "A" shall be completed no later than four hundred twenty
(420) calendar days from the date of this Agreement. This time
may be extended with the written permission of the CITY. The
time for performance of the tasks identified in Exhibit "A" are
generally to be as shown in the Scope of Services on the Work
Program/Project Schedule. This ,schedule may be amended to
benefit the PROJECT if mutually agreed by the CITY and
CONSULTANT.
4. COMPENSATION
In consideration of the performance of the engineering
services described in Section 1 above, CITY agrees to pay
CONSULTANT a fee not to exceed the hourly rate in Exhibit "A."
dollars (�21,600).
5. EXTRA WORK
In the event of authorization, in writing by the CITY,
of changes from the work described in L.,hibit "A", or for other
written permission authorizing additional work not contemplated
herein, additional compensation shall be allowed for such Extra
Work, so long as the prior written approval of CITY is obtained.
2.
H
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments
toward the fixed fee set forth in Section. 4 herein in accordance
with Section C below.
B. Delivery, of work product: A copy of every techni-
cal memo and report prepared by CONSULTANT shall be submitted to
the 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 comple-
tion. Any such product which has not been formally accepted or
rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice
for each progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal mcRiber
of the CONSULTANT'S firm that the work has
been performed in accordance with the provi-
sions of this Agreement; and
5) For all payments include an estimate of the
percentage of work completed.
U1_)n 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 promptly approve the invoice, in which evert payment shall
be made within thirty (30) days' of receipt of the invoice by
3.
SFM
CITY. Such approval shall not be ur easonably withheld. If the
CITY does not approve an invoice, CITY shall notify CONSULTANT
in writing of the reasons for non -approval., within seven (7)
calendar days of receipt of the invoiced an -.a the schedule of
performance set forth in Exhibit "A" shall be susperded until
the parties agree that past performance by CONSULTANT is in )r
has been brought into compliance, or until this Agreement i
terminated pu_.suant to Section 12 hereof.
D. Any billings for extra work or additional
services authorized by the CITY shall be invoiced separately to
the CITY. Such invoice shall contain all of the information
required under paragraph 6C, and in addition shall list the
hours expender? arid hourly rate charged for such time. Such
invoices shall be approved by CITY if the work performed is in
accordance t-,th the extra work or additional services requested,
and if CIT! is satisfied that the statement of hours worked and
costs incurred is accurate. Such approval shall not be unrea-
sonably 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.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CITY acknowledges that CONSULTANT'S materials are
instruments of professional service; nevertheless CONSULTANT
agrees that all materials prepared hereunder, shall be turned
over '0 CITY and shall become its property upon PROJECT com-
pletion or earlier termination of this Agreement. In the event
h.
this Agreement is terminated, said materials may be used by CITY
in the completion of the PROJECT.
B. INDE,MNIFICATION, DEFENSE, HOLD HARMLESS
CONSULTANT hereby agrees to defend, indemnify and hold
harmless CITY, its officers and employees from and against any
and all liability, damages, costs, losses, claims and expenses,
however caused, arising from CONSULTANT'S negligence or willful
misconduct in the performance of this Agree^,.ent. Any concurrent
negligence or willful misconduct of CITY, its officers and
employees shall in no way diminish CONSULTANT'S obligations
hereunder.
9. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all
similar state or federal acts or laws applicable; and shall
indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and
judgments of every nature and description, inciuding attorney's
fees and costs presented, brought or recovered against CITY, for
or on account of any liability under any of said acts which may
be incurred by reason of any work to be performed by CONSULTANT
under this Agreement.
10. INSURANCE
In addition to the Workers' Compensation Insurance and
CONSULTANT'S covenant to indemnify CITY, CONSULTANT shall obtain
5.
El
H
and furnish to CITY the following insurance policies covering
the PROJECT:
A. Genera]. Liability Insurance. CONSULTANT shall provide
a policy of general public liability insurance,
including me}or vehicle coverage in the sum of
$1,000,000 combined single limit. Said policy shall
name CITY, its officers and employees as Additional.
Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the
PROJECT shall be deemed excess coverage and that
CONSULTANT'S insurance shall be primary.
B. Professional Liability Insurance. CONSULTANT shall
acquire a professional liability insurance policy
covering the work performed by it hereunder.
Certificates of Insurance for said policies shall be
approved in writing by the City Attorney prior to the commence-
ment of any work hereunder. All Certificates of Insurance (and
the policies of insurance or endorsements thereof) shall provide
that any such Certificates and policies shall not be cancelled
or reduced in coverage or limits other than payments of claims
without thirty (30) days' prior written notice to CITY.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the
performance of this Agreement as an independent contractor.
CONSULTANT shall secure at its expense, and be responsible for
any and all payments of all taxes, social security, state
disability insurance compensation, unemployment compensation and
loom ¢� 4
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other payroll deductions for CONSULTANT and its officers, agents
and employees and all business licenses, if any, in connection
with the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in
accordance with the standards of the profession for similar
professionals performing services in this area at this time.
CITY may terminate CONSULTANT'S services hereunder at any time
with or without cause, and whether or not PROJECT is fully
complete. Any termination of this Agreement by CITY shall be
made in writing through the Community Services Director, notice
of which shall be delivered to CONSULTANT as provided in Section
16 herein.
13. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the
supervisory work hereunder shall not be delegated by CONSULTANT
to any other person or entity without the consent of CITY.
14. COPYRIGHTS/PATENTS
CONSULTANT shall not apply for a patent or copyright on
any item or material produced as a result of this Agreement, as
set forth in 41 CFR 1-9.1.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any
regul�:r 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 California
Government Code Sections 1090 et seq.
7.
16. NOTICES
Any notices or special instructions required to be
given in writing under this Agreement shall be given either by
personal delivery to CONSULTANT'S agent (as designated in
Section 1 hereinabove) or to CITY'S Director of Public Works, as
the situation shall warrant, or by enclosing the same in a
sealed envelope, postage prepaid, and depositing the same in the
Ur.i.':.ed States Postal Services, addressed as follows:
TO CITY:
Mr. Paul Cook
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Mr. Clark P. Weldon
Project Manager
Corrosion Engineering &
Research Company
575 Dawson Drive, Suite 214
Camarillo, CA 93010
REST OF PACE LEFT BLANK
8.
�S Ion 7 x Y r
17.ENTIRETY
The foregoing, and Exhibit "All attached hereto, set forth
the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONSULTANT:
CORROSION ENGINEERING &
RESEARCH COMPANY
Darby oward, Jr res.
Darlene Lanford/ SMcretary
ATTEST:
� � r
City Clerk
REVIEWED AND APPROVED:
—��,��' L
City Administrator
2505L
CITY OF HUNTINGTON BEACH,
A municipal corporation
of the State of California
/qau
APPROVED AS TO FORM:
City A Ptorney
INITIATED AND APPROVED:
""�/; R-"
Director of Public Works
EN
PRODUCER
T41S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Lloyd A. Vaughn COMPANIES AFFORDING COVERAGE;
Lance & Co., I;1c.
P. 0. Box 488 COMPANt Continental Ins. Co.
Medina, Ohio 44258 LETTER A
INSURED -- — LETTER L/ ov a,
Corrosion Engineering & Research Company LEMNv TTERC
5375 - (;A P ,u Ad O-, O FORIu.1
Concord, 94521 �tETrFR D GPI?, iTi;'i'TUIT, CitYAttoxnav
1 s I}c rrt r' t i Y Attorney
orornn
I CosPAr,Y
1 LETTER
THIS IS Tt CERTIFY THAT POLICIES OF INSURANCE LISTFD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AGOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDIVON 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 CONDI-
TIONS OF SUCH POLICIES.
e t ` t I„^nn LIABILITY LIMITS IN THOUSANDS
CO :c ESP RAt.rp _
LTR TYPE OF INSURANCE vU:.;C r NU4a HL._. EACH
I �� _ C CURRFNC $AGGREGATE
GENERAL LIABILITY
OOD4Y
jXXX
COMPREHENSIVE FORM .tuttvPREMISES'OPERATIONS �PRJPERTY
UNDERGROUND IDAMAGE $ $
EXPLOSION & COLLAPSE HALAk^A PRODUCTSiCOMPLETEo OPFWA•;O%' CBP 444467 02-8-87 I 02-8-88 ~ 1,000 1,0(
I R. & Pt,
X CONTRACTUAL $ $
i
X INDEPENDENT CONTRACT(IR; A Y
X BROAD FORM ^ROPERTY OA'AGE
X PERSONAL INJURY PERSONAL INJURY $ 1,0(
AUTOMOBILE LIABILITY
C ANY AUTO
ALL OWNED AUTOS iPRI P•S
ALL OWNED AUTOS Pk A '11A w
C HIRED AUTOS CBP 444467
C NON OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
X UMBRELLA FORM CBP 444467
OTHER THAN UMBRELLA ;CAM
WORKERS' COMPENSATION
AND 4lW 804914887E
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHIGLES?SPECIAL ITFMS
amed Additional Insureds and
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
ATTN: Mr. Paul Cook
Director of Public Works
02-8-87 j 02-8-88 `T
'ROPERTY p
ea PD I
1 f ICOM91NED$ 1,000 I
02-8-87 02-8-88 Iac& pl)ED $ 4,000 1$ 4,00
STATUTORY
- 500 ,a;.H AcciDENTI�
f 02-8-87 02-8-88 $ - ;VI EAY-POLICY LIMIT)
i iD!SEA,4 EACH ENPLOYE
SHOULD ANY OF T""BOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRAT TFJ TF{,'REOF, THE ISSUING COMP WILL- R �p
MgIL l�_ S ffTEN NOTICE TO CERTIFICA E HOLDE AM TO THE
LEFT BUTF{d RE�'9MM 6VOWN91 �EL 0 I IB -UAEiLfTY
O� KIN THE'CGWAW S N- IOR- PnES -
Jr ED RESENTAT E
✓^- a-'
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate
does not amend, .extend or alter the coverac a afforded by the policy(ies) listed below.
Name and Address of Insured:
Corrosion Engineering & Research Company APPROVED AS TO FORM:
5375 Clayton Road GAIL HUTTON, City Attorney
Concord. CA 94521 By: Deputy City Attorney
This is to certify that the policy(ies) of insurance listen below have been issued to the insured named above and are in
force at this time.
TYPE OF IN-SURANCE: Architects & Engineers Professional Liability only.
and operations/locations
covered thereunder
1
NAME OF INSURER. Evanston Insurance Company
One American Plaza, Evanston, Illinois 60201
POLICY NUMBER EE 103353
POLICY PERIOD. 1/9/87 to 1/9/88
LIMITS OF LIABILITY AND DEDUCTIBLE 500 000 each claim and $500,000
in the annual aggregate; subject to a deductible o%7,500
Should the described policy(ies) be cancelled before its(their) expiration dale: Ine undersigned will eXZ§NvtXXXgXX
30_ days written nonce to the cert+ficate holder,
Name and Address of Certificate HoIdE
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Mr. Paul. Cools
Director of Public Works
SHAND, MORAHAN & COMPANY, INC.
RVW
One American PI a,~Gwanston, Illinois E0201
Date 9/23/87e &uj