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HomeMy WebLinkAboutContracts & Agreements_166-2009_CCv0001.pdf AGREEMENT FOR INSPECTION SERVICES FOR THE CITY OF REDLANDS' RESERVOIR RECOATENTG AND IMPROVEMENT PROJECT SANTD C A\TYONRESERVOIR This agreement for inspection services for the City of Redlands' reservoir recoating and improvement project Sand Canyon Reservoir("Agreement")is made and entered into this day of November,2009("Effective Date"),by and between the City of Redlands,a municipal corporation ("City") and Harper and Associates Engineering, Inc. ("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party" and,together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I -ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide inspection services for City's reservoir recoating and Improvement project Sand Canyon reservoir(the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit"A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Bassani Alzarnmar as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information,interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 - PERFORMANCE OF SERVICES 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit 11B," entitled "Project Schedule." 4.2 At any time during the term of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion of the project for which the Services are being performed,but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Services do not exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the Services, such Extra Services may be agreed to by the Parties by written amendment to this Agreement,executed by City's City Manager. Consultant shall not perform, nor be compensated for, Extra Services without such prior written authorization from City. ARTICLE. _PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Thirty Five Thousand Two Hundred and Forty Eight Dollars($35,248.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit"C"entitled"Project Costs,"and based upon the hourly rates shown in Exhibit "D," entitled "Schedule of fees and charges." Both Exhibits "C" and "D" are attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed,the number of hours spent and by whom, and a description of reimbursable expenses, if any. City shall pay Consultant no later than thirty(30) days after receipt and approval by City of Consultant's invoice,provided(1)the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, (2)that the number of hours of Services set forth in the invoice reflects the amount of time ordinarily expended for such Services by members of the profession currently practicing in the same locality under similar conditions, and(3)that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: _City Consultant Bassam Alzammar Krista Harper, P.E. Municipal Utilities and Engineering Dept. Vice President, Engineering City of Redlands Harper and Associates Engineering,Inc. 35 Cajon Street, Suite 15A 1240 E Ontario Ave. Ste. 102-312 PO Box 3005 (mailing) Corona, CA 92881-8671 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section 5.3. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Insurance; generally. All insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform anv Services unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation or modification of the coverage limits of the policy except upon thirty (30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain Worker's Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California,with an insurance carrier acceptable to City. 6.3 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability,including attorneys' fees,arising from injury or death to persons or damage to property occasioned by Consultant's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services. 6.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars {$1,000,000)per claim made. 6.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of One Million Dollars($1,000,000)per occurrence,combined single limit for bodily injury liability and property damage liability.This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles,and employee non-ownership vehicles.City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. ARTICLE 7 - CONFLICTS,OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in the subject of this Agreement or any other source of income or investment which would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder,no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i) the making or any governmental decisions regarding approval of a rate,rule or regulation, or the adoption or enforcement of laws: (ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certifications, approvals, orders or similar authorizations or entitlements; (iii) authorizing City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) granting City approval to a plan, design, report, study or similar item; (vi) adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity,participate in making a governmental decision or otherwise perform the same or substantially all the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall,in addition to any costs and other relief be entitled to the recovery of its reasonable attorneys'fees,including fees for the use of in-house counsel by a Party. 8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services,except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Documents and Records. All documents, records, drawings, designs, cost estimates, electronic data files,databases and other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of,or on behalf of City. Consultant shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent,nor shall Consultant have any authority,express or implied, to bind City to any obligation. 8.5 Termination. A. Unless earlier terminated as provided for below.this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City,in its sole discretion,by providing thirty (30) days' prior written notice to Consultant (delivered by certified mail, return receipt requested) of City's intent to terminate. C. If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. D. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City,copies(in both hard copy and electronic form, where applicable) of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination, 8.6 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts and all other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 8.7 Entire Agreement/Amendment. This Agreement,including the Exhibits incorporated herein by reference,represents the entire agreement and understanding between the Parties as to the matters contained herein,and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein,any amendment to this Agreement shall be in writing,approved by City and signed by City and Consultant. 8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect,impair or invalidate any of the remaining sentences,clauses,paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Harper and Associates Engineering, Inc. B BgEnri e M inez, City ager eta arer, Vice President, Erigineering Attest: City Cle* EXHIBIT A SCOPE OF SERVICES A. GENERAL INSPECTION SERVICES 1. Attend the pre-construction meeting to review scope of project, project schedule, City requirements and define lines of communication. 2. Project manager will provide telephone communication to answer technical questions in regards to the project on an as needed basis and coordinate the inspector's work schedule. Reports prepared by the inspector shall be reviewed to ensure data,documents and methods are appropriate, complete,accurate and clear. 3. Observe the contractor for compliance with site and job safety requirements. Inform the City of any concerns or problems concerning site or jab safety observed. Direct the contractor to comply with all safety orders. 4. Daily Inspection Activity Reports-Shall identify daily start and stop times,size of contractors crew,equipment used,visitors to j obsite,climatic conditions throughout the day,quantity of materials used,work accomplished,periods of Contractor down time and cause, inspection procedures used and results, verification and recording of surface preparation, coating material"batch numbers"mixing,thinning, application and thickness. All entries shall be dated and timed. 5. Prepare final project report documenting information from the coating and painting inspection tasks,test results and other required information. B. CERTIFIED INDUSTRIAL HYGENIST/CERTIFIED LEAD PROJECT MONITOR 1 On first day of any lead-based coating or paint removal,work environment shall be tested by or under the supervision of a Certified Industrial Hygienist(CIH)or Certified Lead Project Monitor to determine levels of protection required to protect workers and the environment from lead and other heavy metal contamination. 2. Testing will include air sampling and testing of filters removed from the workers'respirators or personal air monitors to determine the level of lead exposure. Upon completion of testing, the CIH shall file a written report on the results of the testing. Level of exposure will then determine the type respiratory protection,clothing,housekeeping,hygiene facilities,medical surveillance, medical removal protection,employee information and training, signs,record keeping,and observation of monitoring required for the project. 3 Exterior painting work should not re-commence until the report from the CIH/CLPM is filed and worker and environmental protection required is in place. 4. Once the worker and environmental protection required is in place, coating inspector shall monitor on a daily basis. Contractor and City shall be notified immediately of any deviation from the requirements and contractor should be required to cease operations until all requirements are met. 5. Take four representative samples of soil from job site prior to start of work and upon completion of the project.Samples shall be tested for determination of lead to ensure soil does not contain excessive levels of lead or other heavy metals. Testing shall be accomplished by an approved Department of Health Services laboratory, as required by Title 22. Copies of laboratory analyses and reports from test samples shall be forwarded to the City immediately upon receipt from laboratory. C. COATING AND PAINT INSPECTION-Provide inspection of all coating and painting operations to verify compliance with the contract documents. 1. SURFACE PREPARATION INSPECTION-Physical inspection of blast cleaned surfaces to verify compliance to specification,removal of dust,etc. a. Weather conditions will be verified by use of an electronic or sling psychrometer to determine suitability of climatic conditions prior to and during all blast cleaning operations. b. Surface will be observed throughout cleaning operations to determine compliance with specifications. (a) Preliminary Cleaning-Surface will be inspected to verify removal of grease,oil,chemicals etc.after completion of solvent cleaning of surface. (2) Abrasive Blast Cleaning- (a) Inspect blasted surfaces at the end of each day's shift to determine compliance with specification. At completion of blast cleaning each shift, areas not meeting specification will be reblasted and tests again performed. (b) Upon completion of above inspection, dust and other surface contaminants will be removed as specified and surfaces visually and physically inspected for compliance to specification. 2. COAT(s)INSPECTION-After approval of surface preparation,ongoing inspection monitors weather condition,Contractor's application equipment and its operation,mixing of materials and physical inspection of coat application,including spray techniques,cleanliness of surface, thickness, etc. a. Weather conditions will be verified by use of an electronic or sling psychrometer. b. Contractor's equipment is constantly monitored to determine operation will not contribute to any degradation of application(oil,moisture, etc.) C. Coating materials are inspected for compliance to specification and all C, mixing1thinning operations are monitored. d. Surfaces are re-inspected to verify no dust or other contaminants are on surface and remedial cleaning performed as required. e. After approval of surface, application is carefully monitored to verify coatings are evenly applied at proper thickness and with no overspray to interfere with adhesion. 3. FINAL INSPECTION-Requires input at conclusion of finish coatings to insure application, film continuity (holiday detection) and dry fihn thickness are in complete conformance to specification. EXHIBIT B PROJECT SCHEDULE The Services shall be completed within ninety(90)calendar days from the date the Notice to Proceed is issued by City, and Harper and Associates Engineering, Inc. estimates that ninety (90) days of inspection will be required. The schedule for inspection will generally follow the construction schedule. EXHIBIT C PROJECT COSTS Harper and Associates Engineering,Inc. shall complete the Services on a time and materials basis for a total amount of compensation not to exceed $35,248.00. EXHIBIT D SCHEDULE OF FEES AINVID CHARGES HARPER & ASSOCIATES ENGINEERING, INC. (hereinafter called HAE) has, since 1979, provided engineering consulting services. 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 six month intervals: FEES: Principal Engineer $175.00 per hour Registered Corrosion Engineer $145.00 per hour Registered Structural Engineer $145.00 per hour Registered Metallurgical Engineer $145.00 per hour Project Manager $95.00 per hour Engineer/Diver $95.00 per hour Engineering Technician $72.50 per hour Engineering Aide/Tender $48.75 per hour Coating/Paint Inspector $45.50 per hour Certified Industrial Hygenist $105.00 per hour CIH Assistant $80.00 per hour Draftsperson(CARD) $62.50 per hour Clerical $45.00 per hour Travel time is chargeable at the above rates.Overtime for non-professionals,when authorized,shall be charged at 1-1/2X and 2X, based on specific time schedule under which work is performed. If project is located out of area, food and lodging will be charged as noted below. EQUIPMENT AND MISCELLANEOUS CHARGES: The above charges include instruments commonly used in corrosion and related testing. However, specialized instrumentation and test equipment and facilities may require an additional charge. These and miscellaneous charges are computed at cost plus fifteen percent. Examples of such charges include,but are not limited to food,lodging,outside consultants,public transportation,rental equipment,special permits and fees,reproduction,long distance and FAX communications,special insurance, etc. Passenger cars and pick-up trucks are chargeable at$.40 per mile. tap ° ; MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT ��r , MEMORANDUM 3 TO: N. Enrique Martinez,City Manager FROM: Rosemary Hoerning, Municipal Utilities&Engineering Director DATE: November 3,2009 SUBJECT: Agreement for Coating Inspection Service for Reservoir Recoating and Imprtavements Project Sand Canyon Reservoir, with Harper&Associates Engineering,Inc, A comprehensive visual inspection of all city-owned reservoirs was performed in 2003. At the conclusion of the inspection, Sand Canyon reservoir,which has a capacity of 3.5 million gallons,was given a priority of"Moderate to High" for corrective measures. This determination was based on the overall condition o the reservoir and signs of deterioration for coating. In connection with the necessary recoating, staff also evaluated the overall tank condition, and current and future operational needs and prepared engineering plans and specifications for the rehabilitation work for the reservoir. On October 20, 2009 the City Council awarded the project to Paso Robles Tanks, Inc. The start date for the construction is currently scheduled for November 2009, pending complete execution of the contract documents and obtaining necessary bonds and insurance certificates in accordance with the bid' documents. In association with the project, the Municipal Utilities and Engineering Department issued a Request for Proposals (RFP) to solicit qualified firms to perform full-time coating and air monitoring inspection for the project due to the expertise and time necessary to perform this important task. In response to the solicitation issued by the City, all four firms responded to the RFP. The proposals and qualifications of the consultants were reviewed by the staff as part of the selection process. At the conclusion of the selection process, Harper& Associates Engineering, Inc, was identified as the firm best qualified to meet the City's requirements. Harper& Associates Engineering, Inc. is a consulting engineering firm specialized in industrial protective coatings. Based on the recent performance and previous experience of Harper& Associates Engineering, Inc., staff believes that they are in a best position to provide cost-effective services for this project. Staff has evaluated the level of service required for the Project and believes that the scope of work and associated project fee in the Agreement are reasonable and appropriate. The Agreement was reviewed by the City Attorney. FISCAL IMPACT: The fee for the scope of work is $35,248.00. Funding for the project is included in the Water Projects Budget. ATTACHMENTS: (1) Consultant Rating Table for the Coating Inspection Services for the Reservoir Recoating and Improvements Project Sand Canyon Reservoir (2) Agreement to perform the Coating Inspection Services for the Reservoir Recoating and Improvements Project Sand Canyon Reservoir cc: Chris Diggs, Water Resources Manager Bassam Alzammar, Project Manager CONSULTANT RATING TABLE FOR COATING AND AIR MONITORING INSPECTION FOR RESERVOIR RECOATING AND IMPROVEMENTS PROJECT SAND CANYON RESERVOIR Firm Experience Work with th City; Project Manager Scope and Level of Performing Similar Total Rating Total Cost 11 Firm Work., Prev Exp Rating: Experience Services Rating: 0-40 0-30 0-20 0-10 0-100 Rating Rating Rating Rating Rating Dollar Amount CSI Services 33 7 19 8 67 $55,550.00 Harper and Associates 38 3 18 9 68 $35,248.00 MCS Inspection Group 27 3 17 8 65 $66,200.00 West Coast Coating 30 3 17 Consultants 6 66 $50,900.00 The consultants were selected based on a review of their qualifications, past experience, and technical approach for the project, etc. which were rated as shown in the above table. RFPs were sent to four firms, all four responded. At the conclusion of the selection process, Harper and Associates was selected based on their experience and qualifications. Harper and Associates was low bidder on this project.