Loading...
Contract - Environmental Engineering & Contracting - 2015-03-10AGREEMENT FOR GIS & CMMS TRAINING AND SUPPORT SERVICES Environmental Engineering & Contracting, Inc. This Agreement ( "AGREEMENT ") is made and effective as of March 10, 2015, between the Costa Mesa Sanitary District, a sanitary district ( "DISTRICT "), and Environmental Engineering & Contracting, Inc., a California corporation ( "CONSULTANT "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This AGREEMENT shall commence on March 10, 2015, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. SERVICES CONSULTANT shall perform geographic information system (GIS) and computerize maintenance management system (CMMS) training and support services described below ( "SERVICES ") to DISTRICT for DISTRICT's key performance indicators (KPI) ( "PROJECT "). The SERVICES to be provided are more particularly described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. 3. CONSULTANT shall perform all SERVICES under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed by consultants in the same discipline in the State of California and consistent with all applicable laws. CONSULTANT shall provide DISTRICT its work product in "turnkey" form. DISTRICT reserves the right to perform reasonable testing of CONSULTANT's work product before accepting the same. CONSULTANT shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 4. COMPENSATION Compensation for the SERVICES shall be based on the actual amount of time spent in adequately performing the SERVICES and shall be billed at the hourly rate(s) of $145.00. However, unless expressly agreed in a written change order in advance by DISTRICT, the cost to DISTRICT for the SERVICES shall not exceed seven thousand eight hundred thirty dollars ($7,830). The written change order requirement cannot be PSA 30U 12 10 waived. Failure to submit a written change order and receive written approval by the DISTRICT prior to performing extra work shall constitute a waiver of a claim for additional time or compensation. Invoices shall be submitted to DISTRICT monthly as performance of the SERVICES progresses. DISTRICT shall review and pay the approved charges on such invoices in a timely manner. SERVICES on the PROJECT shall begin immediately and be completed by June 30, 2015, unless extended by DISTRICT in writing. 5. PREVAILING WAGES CONSULTANT understands that this job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. (Labor Code §§ 1720 at seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Said amounts are listed at http: /Iwww.dir.ca.gov /dlsr /pwd /index.htm. CONSULTANT agrees to pay prevailing wages and maintain prevailing wage records regarding those payments. CONSULTANT is also required to comply with the apprentice requirements. CONSULTANT shall defend, indemnify, and hold the DISTRICT, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONSULTANT recognizes that state law makes eight (8) hours a day's work, and any worker working in excess of that time must be paid overtime. (Labor Code § 1813.) S. INSURANCE CONSULTANT shall, at its expense, procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this AGREEMENT by the CONSULTANT, its agents, representatives, employees, or subcontractors. CONSULTANT shall also require all of its subcontractors to procure and maintain the same insurance for the duration of this AGREEMENT. If CONSULTANT is an employer or otherwise hires one (1) or more employees during the term of this PROJECT, CONSULTANT shall procure and maintain workers' compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). At a minimum, CONSULTANT is required to submit proof of Insurance in accordance with the following standards: Minimum Scope of Insurance: Coverage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile Liability Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 2 PSA 30U 1210 than: Minimum Limits of Insurance: CONSULTANT shall maintain limits of no less (A)General Liability. One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT /location or the general aggregate limit shall be twice the required occurrence limit. (B)Automobile Liability. One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. (C)Workers' Compensation and Employer's Liability. Workers' Compensation limits as requved by the Labor Code of the State of California. Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Insurance Endorsements: The insurance policies shall contain the following provisions, and a separate endorsement stating to add the following provisions to the insurance policies shall be submitted and approved by DISTRICT: (A) General Liability. The general liability policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the CONSULTANT's scheduled underlying coverage. Any insurance or self- insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of the CONSULTANT's Insurance and shall not be called upon to contribute with it in any way. (B) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against DISTRICT, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the CONSULTANT. (C)AII Coverage. Each insurance policy required by this AGREEMENT shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to DISTRICT, and (B) any failure to comply with reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to DISTRICT, its directors, official, officers, employees, agents, and volunteers. PSA 301J 1210 Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A- :VIII, licensed to do business in California, and satisfactory to DISTRICT. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any AGREEMENT with DISTRICT. 7. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT's services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, Including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including, but not limited to, officers, agents, employees, or subconsultants of CONSULTANT. 8. SAFETY AND SITE CONDITION CONSULTANT shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONSULTANT'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONSULTANT'S duty to dust - palliate all working areas and access routes, if applicable. All operations shall be conducted by CONSULTANT so that no fire hazards are created. 9. TERMINATION DISTRICT may terminate this AGREEMENT at any time with or without cause. If DISTRICT terminates this AGREEMENT without cause before PROJECT completion, CONSULTANT shall be entitled to be paid for SERVICES adequately completed prior to the notification of termination. CONSULTANT may terminate this AGREEMENT for cause only. Psa Sou 1210 10. MISCELLANEOUS This AGREEMENT shall be interpreted according to the laws of the State of California and any action arising from this AGREEMENT shall be brought in the superior or federal district court with jurisdiction over DISTRICT. This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREEMENT and any attachment hereto, this AGREEMENT shall control in all respects. DISTRICT shall own all work product prepared in the course of providing the SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT, CONSULTANT shall immediately turn all work product over to DISTRICT. If specialized software or computer hardware is required to view or transmit said work product, CONSULTANT shall make that software and hardware available to the DISTRICT at no cost during normal business hours. This AGREEMENT cannot be assigned without the prior written consent of the DISTRICT. CONSULTANT is and shall at all times remain as to DISTRICT an independent contractor. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONSULTANT for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing any services hereunder. All information gained by CONSULTANT in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without DISTRICT's prior written authorization. CONSULTANT shall not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to Interrogatories, or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court order or subpoena. CONSULTANT warrants that the individual who has signed this AGREEMENT has the legal power, right, and authority to make this AGREEMENT and bind the CONSULTANT hereto. If you agree with the terms of this AGREEMENT, indicate by signing and dating two original agreements where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. PSA 30U 1210 5 DISTRICT Approved by: --- a _� General Manager Approved as to Form: Harper d Bums LLP District Counsel PS WU 1310 CONSULTANT Reviewed and Accepted by.- 7 Signat r Name Title Date qLh �/ ei O0nPCl y 9oOuleekd Wes[ Suite 1800 ENVIRONMENTAL °r "9n, Cahill 92668 www eeeamlranmemul.cam March 3, 2015 Mr, Scott Carroll General Manager Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 -2716 Subject: Proposal to Provide GIS and CMMS Training and Support Services Dear Mr. Carroll: In order to get the District's staff trained and to get the District's GIS and CMMS to a point at which it can support the key performance indicators )KPI) that management could use to make business, budgeting, and maintenance decisions, EEC proposes the following scope of work. SCOPE OF WORK Tasks CMMS and GIS Training Crash - course training to get CMSD staff up to speed on CMMS workflows for an upcoming presentation. Continue training individuals on use of the CMMS, particularly for scheduling and distributing work by the supervisor. Task2 CMMSconFlguration Configure and develop additional CMMS workflows and templates to support KPI reporting. Task3 Geodatabase upgrade CMSD's existing geodatabase was created in 2009 using Esn's Arl version 9.3. Functionality to administer KPIS exists in Esri s ArcGIS 10.3. CMSD's geodatabase will need to be upgraded to a SQL Server - backed database to facilitate live, Integrated reporting of KPIs. Tal query development Develop database queries to calculate KPIs for the management dashboard. Mid Atlantic Oti - Tel: 14101 263 22 34 1 fax 14101 26666601 200 Hurry 5 Turman Parkway. in 3301 Ann 4 Northern Calitomie Oxmn -T, 1510139809)1 Fe. 1510)867205312100Emben a a a,u guile 1041 Oakland -BlMrt 1. Mr. Scott Carroll ESTIMATED COST 20 145 EEC C rI V I R ON W E N TAL uE3raae aeoaazaoase_ 16 5 145 $ 2,330 Develop Queries 8 $ 14S $ 1,160 Total _ _ ----54 $ 145 $ 7,830 All work will be conducted pursuant to EEC$ 2015 Fee Schedule and Standard Terms & Conditions (Attachment 1, 2015 Fee Schedule , Monthly progress invoices will be submitted for payment, which will be due and payable in net thirty (30) days. The proposed cost is valid for thirty (30) days after the proposal date. If additional work is requested or, due to extenuating circumstances, is required outside of the aforementioned scope of work, EEC will notify CMSD for authorization to proceed. Thank you far the opportunity to continue to provide GIS and CMMS support services to CMSD. EEC will begin work efforts upon receipt of authorization to proceed. Should there be any questions regarding the contents of this proposal, please contact Ramon Gallegos at (714) 667 -2300 or rgailegos@eecenvironmental.com. Sincerely, EEC Environmental Ramon Gallegos GIS Supervisor Attachments: 1. EEC 2014 Fee Schedule Proposal to Yrovlae GIS and CMMS Training and Support Services to CMSO 2 March 3, 2015 EXHIBIT A -2 Mr. s.ttcarroa =E E C F N I P 0 N 61 E N T A L ACCEPTANCE If the proposed scope of work, cost of services, and payment terms stated herein meet with your approval, please acknowledge acceptance of same and initiate authorization to proceed and grant site access by signing and faxing a copy of this document to 714 - 667 -2310 or scanning and e- mailing a signed copy to rgallegos @eecenvironmental.com. Print Name Print Title Date Proposal to Provide GIS and CMMS Training and Support Services to CMSO 3 March 3, 2015 EXHIBIT A -3 ATTACHMENT 1 EEC 2015 FEE SCHEDULE EXHIBIT A -4 T5 2015 Fee Schedule PERSONNELCHARGES The charge for all time required for the performance of the Scope of Work, Including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Engineer /Geologist/Scientist $115 Sr Staff Engin ear /GeologisciScientist $125 Project Engineer /GeologistISclentist -1 $150 Project Engineer /Geologist/Scientist - II $160 Sr Project Engineer /Geologist/Sclentisl -1 $180 Sr Project Engineer/Geologist/Scienlisl - II $200 Principal Geologist $226 Principal $225 Project Assistant $90 Technician $90 Drafter $110 Sr Technician $105 Compliance Inspector $105 Analyst GIS/Pechnology $95 Sr Analyst GIS/Techmlogy $105 Specialist GIS/Technology $115 Sr Specialist GIS/Technology $125 Supervisor GIS/Technology $145 Director /GIS Technology $160 Construction Technician $75 Construction Field Supervisor $95 Construction Manager $100 Sr Construction Manager $125 Technical Editor $95 Emergency response and client requested work during non - standard business hours will be charged at a rate of 1.25 times the standard hourly rate. Travel Vehicles used on project assignments will be charged at $50 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up, Per Diem is billed at a unit mat of $50 per day. Airfare, lodging, rental cars and associated expenses are billed at Cast plus mark up. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbunsables The costs of subcontractors, materials, equipment rental and mats trimmed will be charged at mat plus 15 %. Olh r Pnofect Chances The mat of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or Color, and by the number of mpies supplied. Shlroing and Posters Shlpping charges include couriers and the postage necessary will be charged at mat plus markup. Interest Chances Interest on late payments will be charged at the rate of 1.5% per month. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, Payment Terms their time will be charged at 2.0 times the standard Net 30 days apply to all work performed and rate. All time spent preparing for such trials, hearings, Invoiced unless superseded by a specific executed and depositions, will be charged at the standard hourly contract. rate. 1hls Fee Schedule is adNS.d each sWsequent year. rafter( the economic changes rN a new year. The new ached,, will app,. exisdrq antl new assgnmeMS. EXHIBIT A -5