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2005/11/08 City Council Resolution (4)RESOLUTION NO. 2005- 329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE AGREEMENT WITH BRELJE AND RACE ENGINEERS FOR ENGINEERING SERVICES FOR TANK BOOSTER STATION IMPROVEMENTS PROJECT WHEREAS, the City completed the Water Model Study in September 2004; and WHEREAS, the Water Model Study recommended tank booster pump improvements to maintain adequate water system service, and WHEREAS, Brelje and Race Consulting Engineers have extensive water system design engineering expertise and are familiar with the Rohnert Park water system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the attached agreement with Brelje & Race Engineers for the Tank Booster Pump Improvements Project for an amount not to exceed $85,000 is authorized and approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park including changes up to 10% of the original contract value. DULY AND REGULARLY ADOPTED this day of November 8, 2005, CITY OF ROHNERT PARK Mayor ATTEST: 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 Brelje & Race, hereinafter referred to as the "Consultant." WHEREAS, the City requires the design and construction of improvements to its booster pumping facilities and the evaluation of the reservoir SCADA controls for efficient reservoir operation to maintain adequate water supply and fire flow to existing 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 Sean Jeane 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 Compensation Rates and Charges attached as Exhibit "B," the total sum not to exceed $85,000. 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 thirty (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 7H- s:05 -g the Agreement. 10. RECORDS OF PERFQRMANCE. Consultant shall maintain any ledgers, books of accounts, 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 and 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 Agreement 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 number and dollar 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 extent 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 its 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. 16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of 3 843801v4 80078/0012 Jx- s:05 -$ construed to create and the parties do not intend to create any rights in third parties. 24. ATTORNEYS' 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 attorneys' 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. MEPENDENT 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 or 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, sexual orientation 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, sexual orientation or other prohibited grounds. 28. COMPLIANCE WITTI LAW. Consultant shall comply with all applicable federal, state and local laws, rules and regulations affecting the Consultant and its 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 its profession and do the work contemplated by this Agreement. 29. TITLE TQ 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 5 8438010 80078/0012 IH- S:05 -g 32. AUTHORITY. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ROHNERT PARK: By: I Name:_ Stephen R Donley (Date) Title: City Manager Per Resolution No. adopted by the City Council on November 8, 2005 ATTEST: City Clerk .APPROVED AS TO FORM: CONSULTANT: By: / Name: (Date) Title: By: / Name: (Date) Title: 7 843801v4 80078/0012 rx- 8:05 -g EXHIBIT "A" SCOPE OF WORK D SCHEDULE OF PERFORMANCE 843801A 80078/0012 Jx- S :05 -g EXHIBIT "A" CITY OF ROHNERT PARK BOOSTER PUMP STATIONS UPGRADES SCOPE OF ENGINEERING SERVICES INTRODUCTION The City of Rohnert Park's recently completed Water Model Study Report recommended improvements to the City's seven booster pumping and storage facilities. Specifically, most booster pumping facilities need the addition of new or redundant pumps and variable speed drives along with logic controls for efficient use of the pumps during normal and emergency periods of operation. The storage tanks also need modifications to their controls that will promote more efficient use of the water stored in the tanks including ensuring adequate emergency reserves and regular turn -over of their contents. With this in mind, the City has requested a Scope of Engineering Services for evaluating each site more thoroughly and preparing improvement plans and specifications for implementing the recommendations of the Water Model Study Report. This Scope of Services concentrates on resolving the immediate needs for efficient, reliable pumping and storage operations. Under the first task of these services a comprehensive needs assessment will be performed that is intended to identify specific improvements necessary to conform to the recommendations of the Model Study, but may also identify other improvements the City would want to complete as part of future capital improvement programs. SCOPE OF ENGINEERING SERVICES Brelje & Race would perform the following tasks for this project: Task 1 — Preliminary Site Review and Needs Assessment 1. Visit each tank and booster pump site and prepare an inventory of existing facilities and equipment. Particular attention will be given to pumps, motors, drives and controls. 2. Review City's SCADA system and make notes of requirements for communications. 3. Prepare a written Needs Assessment based on the field reviews with recommended improvements to each booster and tank. Some items identified may not necessarily need to be accomplished under the current CIP program. 4. Prepare for and attend a meeting with City staff to discuss the findings of the Needs Assessment and adjust /modify any recommendations based on staff input. Identify exactly those items to be included under the current design. Meeting minutes would be prepared by B &R and distributed to meeting attendees for future reference. 1 Task 6 — Engineering Services During Construction 1. Respond to requests for information from the Contractor. Maintain RFI log. 2. Review shop drawing Submittals. Send responses to City and Contractor, and maintain submittal log. 3. Provide occasional on -site support to City Inspector as requested during construction. PROJECT PERSONNEL The project design will be led by Brelje & Race with assistance from WHK Engineering. WHK has been assisting us with excellent electrical engineering design, process control and power systems expertise for several years now. Brelje & Race proposes to use several members of our engineering staff who have previously worked on City projects leading up to this design, or who have a particular expertise in an area fitting the project needs. Their knowledge will enable us to ensure the City will receive the best possible service. The personnel who will be conducting the design work for this project are Tom Yokoi, Sean Jeane, and Richard DiTommaso. Brief biographies of the team members, their particular role for this project, years of experience at Brelje & Race (in parentheses), and their professional engineering license number are presented below: Tom Yokoi, Principal In Charge (33) - #C 21863 Mr. Yokoi has been a principal at Brelje & Race since 1991. His experience has been focused on planning, analysis and design of water and wastewater projects. Mr. Yokoi has served as the Principal in Charge for all recent projects in Rohnert Park, as well as projects for the City of Santa Rosa, Bodega Bay P.U.D., Valley of the Moon Water District and many others. Tom has been involved with several upgrade projects recently, including six tank upgrades for the City of Santa Rosa and treatment plant upgrades for the Sonoma County Water Agency and Bodega Bay P.U.D. The treatment plant upgrades included process and controls upgrades. M. Sean Jeane, Project Manager (10) - #C 52402 Mr. Jeane was recently promoted to the level of Associate at Brelje & Race and has been the project engineer or managing engineer on numerous water and wastewater design projects over the years. Most recently, Mr. Jeane's experience has including project management for several projects that have included new designs or upgrades to mechanical and process and control systems. His list of recent projects includes the City of Santa Rosa Proctor Tanks and pumping station, six water tank seismic upgrades for the City of Santa Rosa that each included upgraded power and control systems, and wastewater treatment plant upgrades for the Bodega Bay P.U.D., the Airport, Larkfield, Wikiup Sanitation Zone, and the Forestville County Sanitation District. In addition, as the chief author of the City's Water Model Study, 3 ANTICIPATED SCHEDULE The anticipated schedule for each design task in the scope of engineering services is as follows: Project Order Approval: 11/03/05 Task I —Site Review and Needs Assessment Meeting: 12/16/05 Task 2 — 50% Design Submittal: 02/24/06 Task 3 — 90% Design Submittal: 04/07/06 Task 4 — Final Design Submittal: 05/05/06 A detailed Proposed Work Schedule spreadsheet is attached. From this schedule, it is anticipated that the project could be bid in the spring of 2006, with construction beginning late spring and running through the summer. ESTIMATED FEE The work within this scope of engineering services would be completed on a time and expenses basis in accordance with our current services rate schedule, a copy of which is attached. For the design services included in this scope of services, an amount of $73,000 has been estimated and would not be exceeded without prior notification and written approval from the City. For the construction related engineering services, a budgetary figure of $12,000 has been estimated, bringing the total of engineering services to approximately $85,000. 5 EXHIBIT "B" COMPENSATION RATES AND CHARGES 843801v4 80078/0012 1x- s:05 -g EXHIBIT "C" INSURANCE REQUMEMENTS 10 8438010 8007810012 3H- S:05 -8 EXHIBIT C INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the Agreement 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, its 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: I . 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. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any 11 8438010 80078/0012 Jii- 8:05 -g Insurance Requirements in Contracts J -50 Revised 7/00 Per REMIF Binder, Chapter Five, Exhibit 5 13 8438010 80078/0012 JH- S:05 -g CERTIFICATE OF CONSULTANT I I-IERE8Y 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 Signature 14 843801v4 80078/0012 .JH- S:05-$