HomeMy WebLinkAboutSchiff Associates / M. J. Schiff and Associates; 2007-04-02;AMENDMENT NO. 1 TO AGREEMENT FOR
CORROSION CONSULTING ENGINEER
(M.J. SCHIFF & ASSOCIATES dba SCHIFF ASSOCIATES)
This Amendment No. 1 is entered into and effective as of the (^30**^ day of
yyvjLXLyy . 200_^_, amending the agreement dated 4th of June 2007 but
effective 2 of April 2007 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and M.J. Schiff & Associates dba Schiff Associates, ("Contractor")
(collectively, the "Parties") for Corrosion Consulting Engineering Services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional
analysis and report writing, and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services
described in Exhibit "A" on a time and materials basis not-to-exceed forty thousand dollars
($40,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed
to include hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by April 1 , 2008.
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
M.J. SCHIFF & ASSOCIATES dba
SCHIFF ASSOCIATES
*By:
sign here)
(print name/title)
CITY OF C/KRLSB
corporation! pf th
By:
ATTEST:
(sign here) -/'
1W.I
LORRAINE M. WOOD
City Clerk
x,*,x
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
1. Contractor will complete analysis of 24" DIP Force Main pipe to
determine the likely cause of the failure of the pipe.
2. Contractor will revise final report with findings and recommendations
to a version acceptable to the City.
3. Contractor will perform services in accordance with the previously
agreed upon fee schedule, on an hourly charge and expenses basis,
with the total cost to the City not-to-exceed $40,000.
City Attorney Approved Version # 05.22.01
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
INSURER REDWOOD FIRE & CASUALTY INSURANCE COMPANY
CALIFORNIA
FORM NUMBER
WC-99-03-06
WAIVER OF SUBROGATION
We agree that in consideration of the additional premium charged,
the Right of Subrogation Clause contained in this policy is here-
by waived as respects the following persons or entities:
"ANY PERSON OR ORGANIZATION TO WHOM YOU ARE OBLIGATED BY VALID
CONTRACT WIEREIN YOU HAVE AGREED TO FURNISH THIS WAIVER. "
This endorsement applies only to those persons or entities listed
on the foregoing paragraph,
The insured agrees to maintain contract records in order to de-
termine for which jobs this waiver will apply. That information
will be verified by the insurer at final audit.
A surcharge of 1% shall be applied to the risk's Standard Prem-
ium, subject to a minimum charge of $500, and will be collected
upon completion of the final audit.
This endorsement changes the policy to which is attached and Is effective on the date issued unless otherwise stated.
(The information below i required only when this endorsement Is Issued subsequent to preparation of the policy.)
Endorsement Effective 09/01/2007 Policy No. W-7938045 Endorsement No. 16
Policy Eff: 09/01/2007 ' ,,-•-••""-""->
Insured M J SCHIPF & ASSOCIATES (A CORP) ••""" ...,^1
09/07/2007 Countersign
^,^-^fljjthoilzed Representative^
EN1 10-04 """"" "
RATIFICATION OF AGREEMENT FOR
CORROSION CONSULTING ENGINEER
(M.J. SCHIFF & ASSOCIATES d.b.a. SCHIFF ASSOCIATES)
<This Agreement is entered into the 7 day of jJJUrwJt ---- ' 200 y .
but effective as of the 2nd day of April, 2007, by and between ^pfe City of Carlsbad, a municipal
corporation, ("City"), and M.J. Schiff & Associates d.b.a. Schiff Associates ("Contractor")
(collectively, the "Parties") for Corrosion Consulting Engineering Services.
RECITALS
A. City requires the services of a Consulting Engineering firm that is experienced in
corrosion consulting; and
B. Contractor has the necessary skills and experience in providing professional
services and advice related to corrosion consulting; and
C. Selection of Contractor is expected to achieve the desired results in an expedited
fashion; and
D. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work; and
E. Contractor started to perform services required by the City without benefit of an
agreement; and
F. The City desires to ratify the work performed before the date first written above.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference
in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above
written.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
City Attorney Approved Version #11.28.06
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not
exceed twenty five thousand dollars ($25,000). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. The City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election, City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version #11.28.06
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California.
The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless
City Attorney or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per
accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be
required if Contractor has no employees and provides, to City's satisfaction, a declaration
stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
City Attorney Approved Version #11.28.06
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Bill Plummer Name Graham E.G. Bell
Title Deputy City Engineer-Design Title 'P/l&'Z (P*ZlsT
Dept Public Works-Engineering
CITY OF CARLSBAD SCHIFF ASSOCIATES / M.J. SCHIFF &
ASSOCIATES, INC.
Address 1635 Faraday Avenue Address 431 W. Baseline Road
Carlsbad, CA 92008 Claremont, CA 91711
Phone No. (760) 602-2768 Phone No. (909) 626-0967
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
City Attorney Approved Version #11.28.06
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required of
Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees, agents,
or subcontractors will complete and file with the City Clerk those schedules specified by City
and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and
consultants warrants that by execution of this Agreement, that they have no interest, present or
contemplated, in the projects affected by this Agreement. Contractor further warrants that
neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have
any ancillary real property, business interests or income that will be affected by this Agreement
or, alternatively, that Contractor will file with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #11.28.06
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and'the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
City Attorney Approved Version #11.28.06
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
City Attorney Approved Version #11.28.06
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
M.J. SCHIFF & ASSOCIATES d.b.a.
SCHIFF ASSOCIATES
CITY OF CARLSBAD, a municipal
corporation
By: ^^City Manager or Mayor
or Authorized Signatory
(print name/title)
4
(e$iail address)LORRAJNE M. WOOD
City Clerk
IWWC1A 070011ECMERT
Commission * 1568026
Notary PubHc-CaHomld
IttAngetotCognry
MyComm. Expire*/tor 10.
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
DJ-C^p
Deputy City Attorney
8
City Attorney Approved Version #11.28.06
EXHIBIT "A"
SCOPE OF SERVICES
1. Contractor will provide Corrosion Consulting Services as outlined in
Exhibits "A1" and "A2", incorporated herein as part of this agreement.
2. Contractor will perform work outlined in exhibits "A1" and "A2" by June 1,
2007, and any follow-up work necessary will be completed before the end
of the term of this agreement.
3. Compensation for services provided will not exceed twenty five thousand
dollars ($25,000), based on the fee schedules provided and referenced
and herein as part of this agreement, as Exhibits "B1" and "B2".
City Attorney Approved Version #04.01.02
EXHIBIT "A1".
Graham E.G. Bell, Ph.D., P.E.
Schiff Associates/M.J. Schiff & Associates, Inc.
431 W Baseline Road
Claremont, CA91711
Ph: 909.626-0967 Fx: 909.626.3316
Email: gbell@schiffassociates.com:
Web: www.schiffassociates.com
Statement of Confidentiality: This message and any attachments may contain confidential information. It is solely for the use of
the intended recipient. If you are not an intended recipient, you are hereby notified that you received this email in error. The
information may also be confidential and/or legally privileged. Any use, review, disclosure, reproduction, distribution, copying of,
or reliance on, this email and any attachment is strictly prohibited. If you are not the intended recipient, please immediately notify
the sender by reply email and delete this message and any attachments. Thank you for your cooperation. Email is covered by
the Electronic Communications Privacy Act, 18 USC SS 2510-2521 and is legally privileged.
—Original Message—
From: Graham E.G. Bell [mailto:gbell@schiffassociates.com]
Sent: Wednesday, April 04, 2007 8:57 AM
To: 'dwasko@ci.carlsbad.ca.us'; 'cdobbs@ci.carlsbad.ca.us'
Cc: 'Eric Frechette'; 'John French'
Subject: 24 Inch DIP Leak at Jefferson and Marron
Don and Clayton:
Here is a summary of where we are, what we need and what we recommend to complete the
evaluation of the FM leak:
I visited the site yesterday and photographed the site, the excavation and the pipe sample. I
provided a sketch for bonding across the new couplings and replacement section of pipe. I
collected two soil samples from the excavation, one gravel sample and a sample of the clear
polyethylene encasement. Total time and expense I have between mob/demob, travel, onsite
time and mileage and testing of samples is about $2000. I asked that all pieces removed from
the excavation (both halves of the DIP and the spigot halves from the restrained joint and any
gasket material) be saved and archived for future testing and examination.
Additional information we need are:
1) As-built or best existing drawings and specifications for this portion of the project
including geotechnical report if available.
2) Pipe submittals from the contractor would be helpful if available.
3) Inspection reports or photos from pipe installation.
4) History or reports on any other leaks that may have occurred on this portion of the
project between the pump station and the plant.
5) Photos or video from the recent leak that show the location, orientation and condition of
the pipe after excavation and before sectioning and removal.
6) System map showing the pipeline from the pump station to the plant (GIS would be
great).
Where we go from here is to analyze the samples (about a week and $600). Further, we would
recommend that we conduct testing and inspection on the sections of pipe removed. The
objective of these tests is to help determine the causation of the leak and the extent of the
corrosion damage on the failed piece and by extension nearby sections of pipe. We would use
ultra sonic metal thickness, but we would also lightly sand blast the surface of the DIP section to
remove graphitization from external corrosion. I assume that the pipe would be at your facility
and we could do the inspection and work there. The cost of these services and our report on
causation and path forward would be an additional $18,000 (Total of about $20,000) and could be
completed in about a month.
Please let us know how you would like to proceed. I have attached our fee schedule and
standard terms for your reference.
Graham E.G. Bell, Ph.D., P.E.
Schiff Associates/M.J. Schiff & Associates, Inc.
431 W Baseline Road
Claremont, CA91711
Ph: 909.626-0967 Fx: 909.626.3316
Email: gbell@schiffassociates.com:
Web: www.schiffassociates.com
Statement of Confidentiality: This message and any attachments may contain confidential information. It is solely for the use of
the intended recipient. If you are not an intended recipient, you are hereby notified that you received this email in error. The
information may also be confidential and/or legally privileged. Any use, review, disclosure, reproduction, distribution, copying of,
or reliance on, this email and any attachment is strictly prohibited. If you are not the intended recipient, please immediately notify
the sender by reply email and delete this message and any attachments. Thank you for your cooperation. Email is covered by
the Electronic Communications Privacy Act, 18 USC SS 2510-2521 and is legally privileged.
EXHIBIT "A2"
All Concerned:
I spoke with Bill Plummer of City of Carlsbad on Friday afternoon and he sent me a copy of the
Regional Boards letter for the 24 inch DIP FM failure. Responses are due to the Regional board
this Friday April 20. Rita, when we met last Thursday, you indicated that you had not received a
letter from the Regional board yet on the 8-inch FM as yet, when you do receive it, please send
me a copy so that we can assist in your responses based on our investigations.
We are going to prepare our preliminary report today and tomorrow to email to you in draft form
by noon tomorrow in advance of your submittal to the Regional board. I apologize for not doing it
today, but I had previous commitment to another client that I can not change. Thank you for your
understanding.
The preliminary report will focus on what we (Schiff) did on site and what we know from our soil
sampling and testing and the condition of the pipe observed and the design/industry standards of
the time frame (I have ordered the 1982 version of AWWA C105 and it will arrive by email today).
The report will reference a more detailed FINAL report that will be available in about 30 days
(May 15 or so).
After we submit our draft Preliminary Report, Robert Pannell of our firm will make arrangements
to come down to Encina WWTP (Wednesday or Thursday this week) and bring the specimens of
the 24 and 8 inch FM's back to our facility in Claremont to complete the documentation and
testing which will occur over the next 4 weeks. These tests will include non destructive tests,
cleaning and sectioning of the pipe samples. Since the polyethylene encasement was the only
corrosion control system required by C105 of the time and provided as part of the design and
installation, we will send a sample of the polyethylene encasement from the 24 inch pipe to the
Ductile Iron Pipe Research Association in Birmingham AL for testing to determine its compliance
with governing standards and requirements applicable at the time of installation. The sample of
polyethylene will go out today and we should have results back in a couple of weeks.
We have established two separate project files for the two incidents (24 inch = SA# 07-0477; 8-
inch = SA# 07-0509) and will keep the files, billings and samples separate. As it stands now, for
the 24 inch FM the City of Carlsbad is our client with Bill Plummer as our primary contact and for
the 8 inch FM the City of Vista is our client with Rita Geldert as our primary contact.
If any of my statements or understandings are incorrect, please reply to all and let me know.
Thanks.
Graham E.G. Bell, Ph.D., P.E.
Schiff Associates/M.J. Schiff & Associates, Inc.
431 W Baseline Road
Claremont, CA 91711
Ph: 909.626-0967 Fx: 909.626.3316
Email: gbell@schiffassociates.com:
Web: www.schiffassociates.com
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Exhibit "B1"
SCHIFF ASSOCIATES
www.schiffassociates.com
Consulting Corrosion Engineers - Since 1959
FEE SCHEDULE 2007
M.J. Schiff & Associates, Inc. dba Schiff Associates has, since 1959, provided consulting services
in the field of corrosion control engineering. Our services are furnished on the basis of the below
listed terms and in accordance with the following schedule of fees and charges which are subject to
revision at ninety day intervals:
PERSONNEL CHARGES:
Title Hourly
Rate
Principal Engineer $180
Associate Engineer $155
Senior Staff Corrosion Scientist $150
Coating Consultant $135
Senior Corrosion Engineer $130
Corrosion Specialist $120
Coating Specialist $115
Corrosion Engineer/CP Specialist $115
Senior Corrosion Technologist $100
Field Engr/Corrosion Technologist $100
Corrosion Technician $95
Construction Inspector $85
NACE Certified Coatings Inspector $78
Coating Inspector $68
Drafting including Equipment $73
Word Processing/Clerical $60
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 incidental expenses (M&IE) 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.
2007 Fee Schedule 01/01/2007
431 West Baseline Road • Claremont, CA 91711
Phone: 909.626.0967 -Fax: 909.626.3316
Exhibit "B2"
SOHFF ASSOCIATES
www.schiffassociates.com
Consulting Corrosion Engineers - Since 1959
2007 FEE SCHEDULE FOR LABORATORY TESTING
Schiff Associates (SA) services are furnished on the basis of the below listed terms and in accordance
with the following charges which are subject to revision at ninety-day intervals.
Price per Sample
$49
$51
$41
$22
$77
$25
$65
$101
$320
Tests Requested
As-received and saturated electrical resistivity and pH (ASTM G-57)
Minimum electrical resistivity and pH (CalTrans 643)
Soluble Salt Extraction
Single ion (e.g. Cl1", SO4
2", NH4
1+) in soil extract
General Soluble Salts Package - Extraction + Analyses
Sulfides (qualitative) and redox if anaerobic conditions are suspected
Total acidity/alkalinity
Chloride in mortar or concrete
Thermal resistivity (ASTM D5334)
Turnaround Time Service Charges
7-business days
3-business days
1-business day
None
50% premium
100% premium
Test Packages:
General Building Materials $119/ea
• As-received and saturated electrical resistivity
(ASTM G-57) and pH
• Chemical analysis for major anions and cations
• Sulfides (qualitative) and redox if anaerobic
conditions are suspected
pH < 5.0 $65/ea
• Total acidity/alkalinity
CalTrans $129/ea
Minimum electrical resistivity and pH (CalTrans 643)
Chemical analysis for major anions and cations with
chloride per CTM 422 & sulfate per 417
Concrete
• pH
• Sulfate only
$75/ea
Soluble Salts $77/ea
Anions: chloride, sulfate, carbonate,
bicarbonate, fluoride, phosphate, and nitrate
Cations: calcium, magnesium, sodium,
potassium, and ammonium
Turnaround times are measured from the time of sample arrival in Schiff Associates' office in Claremont, CA.
Samples arriving before 12:00 PM Pacific Time will be marked with an arrival date of that day—samples
arriving after 12:00 PM will be marked as arriving the following day.
431 West Baseline Road
Phone: 909.626.0967
Claremont, CA 91711
• Fax: 909.626.3316
SCHIFF ASSOCIATES Page 2
DISPOSAL OF SAMPLES:
Soil, rock, water and/or other samples obtained from the Client are the property of the Client. However, SA
shall retain a portion of such samples for no longer than forty-five (45) calendar days after the issuance of any
document that includes the data obtained from them unless other arrangements are mutually agreed upon in
writing. Should any of these samples be contaminated by hazardous substances, it is the Client's
responsibility to notify SA to select and arrange for lawful disposal procedures which encompasses removing
the contaminated samples from SA's custody and transporting them to a disposal site. The Client is advised
that, in all cases, prudence and good judgment should be applied to selecting and arranging for lawful
disposal procedures.
SOIL CORROSIVITY STUDY:
Report prices are not included with the laboratory charges. Please call for quote.
January 2007
CORROSION AND CATHODIC PROTECTION ENGINEERING SERVICES
PLANS & SPECIFICATIONS • FAILURE ANALYSIS • EXPERT WITNESS • CORROSIVITY AND DAMAGE ASSESSMENTS