2005/11/08 City Council Resolution (5)RESOLUTION NO, 2005- 328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING
THE AGREEMENT WITH V &A CONSULTING ENGINEERS FOR
ENGINEERING SERVICES FOR TANK 3 RECOATING AND CATHODIC
PROTECTION DESIGN #2005 -01
WHEREAS, the City completed examinations of Tanks 3 and 4 in May 2005; and
WHEREAS, the Tank Examination reports recommended both tanks to be recoated and
equipped with cathodic protection systems, and
WHEREAS, V &A Consulting Engineers have extensive water system infrastructure
preservation expertise.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorize and approve an agreement by and between V &A
Consulting Engineers and the City of Rohnert Park, a municipal corporation.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on behalf
of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this date of November 8, 2005.
CITY OF ROHNERT PARK
BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
JH- S :05 -d
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this date, November 8, 2005, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and V &A Consulting Engineers,
hereinafter referred to as the "Consultant."
WHEREAS, the City requires the design and installation of tank coating and cathodic
protection for Tank 3 to maintain reliable water service to its customers; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in
the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames
stated therein.
2. COORDINATION. Consultant shall assign Glenn H. Wilson, to personally
participate in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Standard Dourly Rates and Charges attached as Exhibit "B," the
total sum not to exceed $30,571. Progress payments will be tied to completion of tasks so all
payments are proportional to the work completed. Payment by City under this Agreement shall not
be deemed a waiver, of defects, even if such defects, were known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10)
percent retained by City will be held until 30 days after final completion and acceptance of the
contract work.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of
the current fiscal year; payment for additional work is conditional upon future City appropriation.
843801v4 80078/0012 .rx- 8:05 -g
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to
the Agreement.
10. RECORDS OF PERFOFAIANCE. Consultant shall maintain any ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law make these records available for inspection,
audit, and copying by the City. All data, documents, discussions, or other information developed or
received by or for Consultant in performance of this Agreement are confidential and not be
disclosed to any person except as authorized by City or as required by law.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extern permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence
or willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Consultant under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement.
14. INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in its profession in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
15. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation
is brought against City in connection with Consultant's report. Unless the action is brought by
Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
3
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23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
24. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either party
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
25, CONTRACTOR. The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered an
agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus
or similar benefits City provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he/she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes
and other obligations, including, but not limited to, state and federal income and FICA taxes.
Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to
the United States for to the State of California as a consequence of Consultant's failure to pay, when
due, all such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall
take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds.
28. , COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Consultant to practice
Consultant's profession and to do the work hereunder. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his/her profession and do the work contemplated by this Agreement.
29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant may retain copies of the above - described
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EXHIBIT "A"
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
8438010 80078/0012 JH- s:05 -g
CONSULTING
ENGINEERS, INC.
Civil Infrastructure Preservation
EXHIBIT A
P05 -191
October 19, 2005
Mr. Craig Scott, P.E.
Winzler & Kelly Consulting Engineers
495 Tesconi Circle
Santa Rosa, CA 95401
SUBJECT: City of Rohnert Park 300,000 Gallon Steel Water Tanks 3 and 4 Coating and
Cathodic Protection
Dear Craig,
Per your request, the following is our letter proposal and detailed scope of work for the subject
services:
SCOPE OF WORK
Task Description
Phase 1— Nov. 2D05 - Dec. 2005
1. Document Review - Review of diver inspection reports conducted for Tanks 3 and 4
Review of any available construction documents for Tanks 3 and 4.
2. Tank Wall Thickness Evaluation — The portion of the tank wall that is buried will be
evaluated. The tank shall be drained by the City to allow access for ultrasonic thickness (UT)
testing. The tank wall thickness will be measured where possible using a Panametrics 36 DL
Plus Ultrasonic Thickness meter.
3. Laboratory Analysis — V&A will obtain paint samples of the interior and exterior coating
during the tank wall thickness evaluation. Samples will be sent to a certified laboratory and
analyzed for lead content.
4. Recommendation Report — V&A will prepare a brief letter report with the results of the field
testing.
On behalf of our staff and myself I would like to thank you for the opportunity to be of service to you
and Winzler & Kelly Consulting Engineers. We look forward to working with you.
Sincerely,
V&A CONSULTING ENGINEERS
Civil Infrasi mmm Preservation
"V oa
Glenn H. Willson, PE
Manager Engineering Services
Accepted: Date:
Winzler & Kelly Consulting Engineers
RESOURCE ALLOCATION ESTIMATE
PROPOSAL NO: P05 -191 Date: 19- Oct -05
CLIENT: Winzler 8 Kelly Consulting Engineers
JOB TITLE: Corrosion Engineering Services for the City of Rohnert Park 300,000 Galion Steel Water Tanks 3 and 4
Coating and Cathodic Protection
Project
Task Description Principal- Project Manager! Project Associate Assistant Draftsman Clerical Total
in-Charge �g� Sr. Project Engineer Engineer Engineer
Engineer
Phase 1
$50 per sample
4 samples
$2W
UT Measurement Gauge
$75 per day
1 Day
$75
Truck
$80 per Day
1 Document Review
0
1
0
4
6
8
0
4
23
2 Perform Tank Wail
0
0
0
2
10
10
0
0
22
Thickness Evaluation
3 Laboratory Analysis
0
0
0
0
1
4
0
0
5
4 Letter Report with
0
2
4
4
6
12
0
2
30
Recommendations
Phase 2
Tank Interior Cathodic
5
1
2
4
6
8
14
20
0
55
Protection System Design
Buried Tank Exterior
6 Cathodic Protection System
1
2
6
8
8
10
14
0
49
Design
7 Specifications
1
0
0
8
12
16
2D
4
61
8 Estimate of Probable Cost
0
0
0
0
4
8
0
0
12
Subtotal
3
7
14
32
55
82
54
10
257
Hourly
$190
$165
$150
$135
$115
$100
$100
$65
Total Direct Labor
$570
$1, 155
$2, 100
$4,320
$6,325
$8,200
$5,400
$650
$28,720
Other Direct Costs
Amount
Laboratory Analysis
$50 per sample
4 samples
$2W
UT Measurement Gauge
$75 per day
1 Day
$75
Truck
$80 per Day
1 Day
$80
Mileage
$0.40 per Mile
150 Miles
$60
Office Expenses/Printingh2eprodudion
$1,436
Subtotal Other Direct Costs
$1,851
GRAND TOTAL ESTIMATED COST
$30,571
EXHIBIT "B"
COMPENSATION RATES AND CHARGES
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CONSULTING
ENGINEERS, INC.
Civil Infrastructure Preservation
V&A CONSULTING ENGINEERS
FEE SCHEDULE
(EFFECTIVE JANUARY 1, 2005)
308 TITLE
HOURLY RATE,
Principal -in- Charge
$190
Senior Project Manager
$165
Project Manager
$150
Senior Project Engineer
$150
Project Engineer
$135
Associate Engineer
$115
Assistant Engineer
$100
Draftsman
$100
Engineering Assistant
$80
Project Administrator
$65
Clerical
$65
Forensic Engineering
$300
Deposition /Court Appearance
$400
RATES INCLUDE OVERHEAD AND PROFIT
OTHER DIRECT COSTS
Subcontractor /Subconsultant Cost + 10%
Travel (Air /Hotel /Per Diem /Rent -A -Car) At Cost
Auto/Truck Mileage $0.40 /Mite
Confined Space Entry Truck Rental $120 1Day
Field Truck Rental $80 /Day
Reproduction At Cost
EXHIBIT "C"
INSURANCE REQUIREMENTS
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EXHIBIT C
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage including operations, products and completed operations. If
Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self- Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as insureds
with respect to liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the contractor; and with respect to liability arising out of work or operations
performed by or on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance, or as a separate
owner's policy.
Insurance Requirements in Contracts J -49 Revised 7/00
Per REMIF Binder, Chapter Five, Exhibit S
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the and a duly
authorized representative of the firm of
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or
person in connection with carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil,
Date
W\ConsWt.
Signature
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