June 7, 2022, Item #13
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
June 7, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services }.Af.. ~ f/vt Andrea Thomas, Associate Civil Engineer ui--1
(858) 668-4605 or [email protected] 7
CITY COUNCIL
Approval of Consultant Agreement with Harper & Associates Engineering, Inc. for Engineering Design Services for the Rehabilitation of Reservoirs R-4 and R-7; RFP No. 22-023
On March 23, 2022, the City issued a Request for Proposals (RFP) for Engineering Design Services for the Rehabilitation of Reservoirs R-4 and R-7. This action will approve the Consultant Agreement with Harper & Associates Engineering, Inc. to provide engineering design services.
Recommended Action:
It is recommended the City Council approve the agreement and authorize the City Manager to execute the agreement with Harper & Associates Engineering, Inc. for engineering design services (Attachment A).
Discussion:
Staff issued an RFP in March 2022 for engineering design services for the preparation of plans, specifications, and estimates for rehabilitation of two reservoirs, R-4 and R-7. These reservoirs are critical to the City's water system, providing water storage for distribution and for fire protection. The reservoirs need rehabilitation in order to maintain safe and reliable service to the community. The project was undertaken based on recommendations included in the 2014 Water Distribution System Maintenance and Rehabilitation Assessment. These two tanks were identified in need of some minor repair and updates. The project scope includes recoating the exteriors, repairs to the foundations, and multiple safety retrofits on both tanks. R-7 was specifically identified in need of recoating the interior, and the driveway access to R-4 is in need of pavement spot repairs.
The City received five proposals in response to the RFP. After a thorough evaluation of the five proposals, staff selected Harper & Associates Engineering, Inc. as the firm best suited to meet the City's project needs. Harper & Associates Engineering, Inc. specializes in the design of reservoir rehabilitation projects and has performed similar work for various agencies throughout Southern California including the City of Poway.
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June 7, 2022, Item #13
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in the agreement in an amount not-to-exceed $149,315.00 plus any eligible reimbursements. Funds totaling $622,000.00 are available in the R-7 Reservoir Rehabilitation (WT034) project.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/ Approved By:
Assistant City Manager
2 of 30
Reviewed By:
Alan Fenstermacher
City Attorney City Ma nag er
June 7, 2022, Item #13
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
8 th
day
of
June,
2022,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
HARPER
&
ASSOCIATES
ENGINEERING,
INC.
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
engineering
design
services
for
the
Rehabilitation
of
Reservoirs
R-4
and
R-7
Project
(Project);
and
WHEREAS,
Consultant
is
a
civil
engineering
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE
, IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services
,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
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ATTACHMENT
A
June 7, 2022, Item #13
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this· contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it 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 the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4of30 2
June 7, 2022, Item #13
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[81 1. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of30 3
June 7, 2022, Item #13
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Perm its, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. 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 license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 30 4
June 7, 2022, Item #13
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 30 5
June 7, 2022, Item #13
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of30 6
June 7, 2022, Item #13
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522
.56.
A
copy
of
Government
Code
section
7522
.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified.
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if
possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
9 of
30 7
June 7, 2022, Item #13
IN
WITNESS
WHEREOF,
the parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
By:----------
Chris
Hazeltine,
City
Manager
Date:
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By:------------
Alan
Fenstermacher, City
Attorney
10 of
30 HARPER
&
ASSOCIATES
ENGINEERING,
INC.
8 By:-----------
Krista
Harper,
Vice
President
Date:
___________
_
June 7, 2022, Item #13
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
engineering
design
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals
dated
April
20,
2022,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.
Consultant
shall
provide
the
necessary
qualified
personnel
to
perform
the
services.
B.
Compensation
and
Reimbursement.
City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
April
20,
2022,
which
are
included
in
this
document
as
Attachment
2. Total
fee
is
not
to
exceed
One
Hundred
Forty-Nine
Thousand
Three
Hundred
and
Fifteen
Dollars
($149,315).
Consultant's
fee
shall
include
and
Consultant
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee,
Consultant
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Consultant
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Consultant
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.
All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred. C.
Term
of
Agreement.
This
Agreement
shall
commence
and
be
effective
as
of
June
8,
2022
("Effective
Date"),
and
shall
automatically
terminate
upon
completion
of
the
Project,
as
determined
by
the
City
in
its
sole
discretion,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
Upon
the
termination
of
this
Agreement,
Consultant
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Consultant
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Consultant's
Insurance.
1. Coverages: Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability.
including
premises-operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
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June 7, 2022, Item #13
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 30 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Harper & Associates Engineering, Inc.
1240 E. Ontario, Suite 102
Corona, CA 92881
June 7, 2022, Item #13
Attachment
1 SCOPE
OF
WORK
TASK
NO.
1 PROJECT
ADMINISTRATION
1. HAE
will
assign
a
project
manager
as
the
main
point
of
contact
and
coordinate
all
communication
with
the
City
staff.
2. Kick-off
meeting
with
City
staff
to
clarify
understanding
of
scope
and
parameters
of
the
project.
3. Sound
engineering
will
be
administered
throughout
the
project
and
all
calculations
performed
on
the
project
will
be
checked
for
accuracy.
4. Provide
submittal
schedule
and
revise/update
as
required
due
to
changes.
5. Meet
with
the
City
as
necessary
to
review
Design
Reports
and
progress
of
the
project
and
exchange
ideas
and
information,
as
required.
Prepare
and
submit
approved
meeting
agendas
prior
to
each
meeting.
6. Provide the QA/QC
for
the
project
and
review
all
major
deliverables
before
delivered
to
the
City.
Maintain
regular
communication
with
City
staff
to
confirm
the
major
content
of
deliverables
prior
to
submitting.
TASK
NO.
2 FIELD
INVESTIGATION
AND
DESIGN
REPORT
1. Obtain
and
review
documents
available
from
the
City
as
listed
in
the
RFP.
2. Field
investigation
will
be
accomplished
to
obtain
measurements
and
layout
for
preparation
of
the
specifications
and
plans
and
confirm
information
from
existing
records
and
reports.
Field
investigation
of
the
reservoirs
will
take
place,
to
evaluate
the
present
condition
from
following
standpoint.
o
Corrosion-related
structural
soundness
of
the
reservoir,
including
roof
structure,
welds,
etc.
o
Condition
of
protective
coating
and
paint;
how
they
are
protecting
the
steel
from
corrosion,
their
aesthetic
qualities
,
the
percent
failures,
and
their
ability
to
be
recoated. w,"::.harpcrcng
.com
Page
7 June 7, 2022, Item #13
HARPER & ASSOCIATES April 20 2o22
ENGINEERING, INC. '
o Environmental and operating conditions which affect the use of the reservoir, maintenance of the reservoir, the aggressiveness of the atmosphere and water, and extent of abrasion damage.
o Condition of appurtenances: float, overflow, inlet, ladders, vents, hand hole covers, etc. o Observe and note structural, safety, and health code violations per OOHS, Cal/OSHA, and A WWA requirements.
3. Field evaluation of the reservoir to visually inspect and photograph visible deficiencies would entail one site visit by float method and would be accomplished via inflatable raft with the water level three to four feet below the roof line.
o The roof hatch must be a minimum of 24" to permit entrance of the diver into the reservoir.
4. Surface would be photographed and entered into a Photographic Survey.
5. Observations, recommendations, and cost estimates would be prepared and included in the Design Report.
6. Two hard copies and a pdf file of the Design Report will be submitted.
7. The following sanitary measures will be fully complied with in accordance with AWWA C652, Section 5.
o Equipment is dedicated for use only in potable water storage reservoirs. o No body parts shall come in contact with potable water. o All equipment shall be thoroughly disinfected by a 100% wash-down with, or immersion in, a 200PPM solution of chlorine and water.
8. Harper & Associates Engineering, Inc. fully complies with all the safety procedures in accordance with Cal/OSHA Title 8, General Industry Safety Orders, Group 26, Article 152, 153, 6050-6056.
TASK NO. 3 LABORATORY ANALYSES
1. Remove four (4) samples of interior coating and two (2) samples of exterior paint from each reservoir to determine if they contain lead, chromium compounds, or zinc, as required by Title 22.
This removal operation would transpire during the investigation of each reservoir. •.•· .v,\· hJrpcrcng.com Page 8
June 7, 2022, Item #13
HARPER & ASSOCIATES ·
ENGINEERING, INC. April 20, 2022
2. Results from laboratory analysis noting levels of specific heavy metals and relating this information to the methods of removal, protection of workers and environment, testing of removed coating and spent abrasive for heavy metal content, and determination of wastes as hazardous materials, including disposal methods and operations.
TASK NO. 4 RESERVOIR R-7 STRUCTURAL/SEISMIC EVALUATION
(PETERSON STRUCTURAL)
The objective of this item is to determine the condition of Reservoir R-7 for seismic and structural reliability, related operating parameters, and to recommend corrective and preventive measures, including filing of a report. Stress calculations will verify whether existing static conditions meet current tank standards. All seismic design load calculations will be based upon seismic Zone 4, as set forth in AWWA Standard 0100-21, 2019 CBC, and ASCE/SEI 7-22 and provided geotechnical reports.
1. Accomplish review of all available records for the reservoir.
2. Field investigation of the reservoir would be accomplished during the inspection of the reservoir noted above to verify measurements, physical conditions, and other information to assist in seismic stress load calculations and structural evaluations. Investigations would include the following:
o Steel plate and component thickness for calculation purposes would be determined by measurement with an ultrasonic thickness gauge.
o Evaluate condition of inlet and outlet piping and appurtenances and their relationship to a seismic event.
o Evaluate condition of foundation that is visible above ground.
3. Specific conditions would be noted and included in the written report.
4. Interior and exterior surfaces would have been photographed during the corrosion protection investigation and entered into a Photographic Survey, which would be included as a reference point.
5. Conclusions, recommendations, and cost estimates, based on field observations, measurements, available drawings and records, and corrosion reports, would be prepared and included in a Technical Memorandum. The Memorandum would include recommendations on structural modifications or replacements to bring the reservoir into compliance with current codes and standards.
,,-,_1,,·•.• .harpcrcng.com Page 9
June 7, 2022, Item #13
I
HARPER & ASSOCIATES .
ENGINEERING, INC. April 20, 2022
TASK NO. 5 GEOTECHNICAL INVESTIGATION
(CONVERSE CONSULTANTS)
1. Existing Document Review -Available information on subsurface conditions at the site.
Documents to be reviewed will likely include, but not be limited to, geotechnical investigation reports, state and local agencies geology and seismic hazard maps, groundwater information, liquefaction hazard map, and other pertinent documents.
2. Field Reconnaissance -Part of the field reconnaissance, we will verify existing conditions (erosion, drainage and slope instability).
3. Engineering Analysis and Geotechnical Report -Data obtained from the site visit and existing document review will be evaluated. Engineering analysis will be performed • Site Description
• Project Background
• Discussion on the stability of existing slopes, if any. • Geologic setting of the site
• Discussion on the secondary effects of earthquake
• Site coefficient (per 2019 CBC Standards)
• Anticipated horizontal acceleration, based on 10% probability in SO years • Response spectra at 0.5%, 2%, 5%, and 10% damping including spectral velocity curves • Allowable soils bearing capacity (if avaliable)
• Lateral earth pressure
• Foundation subgrade preparation recommendation (if needed) TASK NO. 6 SPECIFICATIONS, DRAWINGS, AND ENGINEER'S
ESTIMATE
1. Once scope of work has been determined from the Design Report submitted and upon final authorization by the City, prepare and submit detailed technical specifications, plans, and other contract documents for each reservoir. The technical specifications will conform to current City format and CSI standards. However, HAE will ensure the technical specifications are comprehensive and specifically address the information learned from the numerous past tank projects HAE has accomplished for the City. Specifications would be prepared in the latest version of Word for Windows.
2. PDF sets of plans, specifications, estimates and contract documents shall be submitted 60%, 90%, and 100% design stages. Original mylar drawings and CD with original and PDF versions of all files shall be provided after approval of final plans. \v \\,\\, _;1arpcrcng.com Page 10
June 7, 2022, Item #13
HARPER & ASSOCIATES Ap ii 20 2022
ENGINEERING, INC. r •
o Project design shall be prepared in AutoCAD format, 2012 verson or newer, per the City's standards for Public Works contracts. The scale of the plans shall be one (1) inch = twenty (20) feet (1" = 20').
3. Prepare and submit a detailed engineering cost estimate for the project in accordance with the bid schedule generated for the work at the 60%, 90%, and 100% design milestones.
4. Meet with City staff, incorporate the City review comments, and edit technical documents after each design submittal.
5. HAE's team shall perform routine and final review prior to signing the plans to ensure accuracy, conformance, and integrity of all plans and specifications.
6. Prepare a base map of existing overheard and underground utilities at the site.
7. Prepare plans for temporary and permanent erosion control for the project.
TASK NO. 7 BIDDING ASSISTANCE
1. Assist the City in conducting pre-construction meeting to enable all relevant parties to comprehend scope of project, implementation of specifications, and City requirements. Prepare minutes of pre-construction meeting covering all aspects of Contractor's questions and clarifications of project and present to all parties.
2. Prepare agenda and conduct pre-bid conference for the project at a date, time, and place set by the City. Present a summary of project requirements, answer any questions, assist in pre-bid inspection, and prepare minutes of the meeting which would include written responses to questions and clarification as needed.
3. Interpret the contract documents through requests for information/clarification (RFI/RFC), which will be answered by addendum. Prepare, track, and issue addenda when required. (2 Addenda)
4. Assist the City and answer questions as appropriate during the bid opening. Make preliminary tabulation of bids, assist in the evaluation of bid proposals, and provide recommendation for selection of contractor.
TASK NO. 8 ENGINEERING SUPPORT DURING CONSTRUCTION
1. Provide assistance with request(s) for information, clarifications, and change orders as needed.
The modifications communicated by change order will be fully documented with drawings and/or written description of the work required.
June 7, 2022, Item #13
HARPER & ASSOCIATES .
ENGINEERING, INC. April 20, 2022
2. Review and approve or reject all submittals in a timely manner. Rejected submittals will be supplemented with an explanation of the reason for rejection along with requirements for resubmittal. Consultant shall assure itself that any deviations or substitutions submitted by the Contractor shall be equal to or of better quality than specified in the contract documents.
3. Review all Contractor progress pay requests, inspection reports, and estimates of percent completion and make recommendations for payment to Contractor as appropriate.
4. Prepare record drawings at the completion of the construction project. Record drawings shall incorporate the changes throughout the project onto the original mylars or provide a mylar replacement if determined necessary.
TASK NO. 9 GENERAL CONSTRUCTION MANAGEMENT SERVICES
(OPTIONAL)
1. Review all Contractor invoices, inspection reports, and inspector estimates of percent completion and make recommendations to the City for payment to Contractor as appropriate.
2. Inspection Activity Reports -Shall identify daily start and stop times, size of Contractor's crew, equipment used, visitors to job site, 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.
3. Observe the Contractor for compliance with site and job safety requirements. Inform the City of any concerns or problems concerning site or job safety observed. Direct the Contractor to comply with all safety orders.
4. Receive, review, and approve third party Contractor plan submittals for worker protection, toxic metals compliance programs with respect to containment, handling, and disposal, provide written corrective comments as needed to third party Contractor, and provide copy to City staff.
5. Prepare supplementary sketches and details, as required, to resolve field construction problems that may be encountered.
6. If hazardous materials are present in the existing paint system, HAE will remove four (4) soil samples around the perimeter of the reservoir site to determine if they contain lead, chromium compounds, or zinc, as required by Title 22. This removal operation would transpire prior to the Contractor commencing work on the reservoir. At the completion of the project, four (4) additional soil samples shall be taken at approximately the same locations as the initial samples. The soil samples shall be tested to determine if they contain lead, chromium compounds, or zinc, as required by Title 22. A memorandum shall be prepared explaining the test results for each set of soil samples.
www.i1arpcrcng.com Page 12
June 7, 2022, Item #13
HARPER & ASSOCIATES 'J
ENGINEERING, INC. Apri 20, 2022
7. Provide inspection of safety modifications on an as-needed basis. Inspection will involve a minimum of four (4) site visits.
8. Provide inspection for the foundation and anchor bolts on an as-needed basis, excluding soil and/or concrete testing. Inspection will involve a minimum of four (4) site visits.
9. Assist the City in final acceptance of the project upon completion of all work by the Contractor.
Prepare a punch list of items during the final project walk for the Contractor to complete. Compile and submit a Summary Report to the City within 30 days of job completion.
10. Participate in additional meetings as requested by the City.
TASK NO. 10 FIELD COATING AND PAINTING INSPECTION (OPTIONAL)
1. DAILY INSPECTION ACTIVITY REPORTS
o Project shall identify daily start and stop times, size of Contractor's crew, equipment used, visitors to job site, climatic conditions throughout the day, quantity of materials used, 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.
0 Pictures shall be taken at key points in the project documenting the progress of the work. o Daily inspection reports, including diagrams of the coating work accomplished, shall be submitted to the City.
2. SURFACE PREPARATION INSPECTION -Physical inspection of blast cleaned surfaces to verify compliance with specification, removal of dust, etc.
o Weather conditions will be verified by use of a sling psychrometer to determine sui.tability of climatic conditions.
o Surfaces will be observed to determine compliance with specifications. ■ Preliminary Cleaning -for steel surfaces
■ Surfaces will be inspected to verify removal of grease, oil, chemicals, etc. after completion of solvent cleaning of surfaces.
o Abrasive Blast Cleaning
"'·.-.,w.~·,arpcreng.com Page 13
June 7, 2022, Item #13
HARPER & ASSOCIATES ·1
ENGINEERING, INC. Apri 20, 2022
• Inspect blasted surfaces at the end of each day's shift to determine compliance with specification. Physical tests for surface profile will be performed using a K-T Surface Profile Comparator. At completion of blast cleaning each shift, areas not meeting specification will be re-blasted and tests again performed. This cycle will be _Iepeated until surfaces are accepted for material application.
• Upon completion of above inspection, dust and other surface contaminants will be removed as specified and surfaces visually and physically inspected for compliance with specification.
3. MATERIALS APPLICATION INSPECTION -After approval of surface preparation, ongoing inspection monitors weather conditions, Contractor's application equipment and its operation, mixing of primer, and physical inspection of prime coat application, including spray techniques, cleanliness of surface, thickness, etc.
o Weather conditions will be verified by use of an sling psychrometer to determine suitability of climatic conditions.
o Contractor's equipment will be monitored to ensure operation will not contribute to any degradation of application (oil, moisture, etc.).
0 Applied materials will be inspected for compliance with specification and mixing/thinning operations will be monitored.
o Surfaces will be re-inspected to verify no dust or other contaminants are on surfaces and remedial cleaning performed as required.
o After approval of surfaces, application will be carefully monitored to verify materials are evenly applied at the proper thickness and with no overspray to interfere with adhesion.
4. FINISH COAT(S) INSPECTION -After approval of prime coat application, ongoing inspection monitors weather conditions, Contractor's application equipment and its operation, mixing of material, and physical inspection of finish coat application, including spray techniques, cleanliness of surface, thickness, etc.
o Procedures outlined in 3. above will be repeated during application of additional materials, including careful examination of areas where cleaning penetrated coating film to verify edges of film have not lifted, curled, etc. Where defects exist, additional cleaning will be performed to bring area into compliance with specification and area will be recoated as required.
5. FINAL INSPECTION -Requires input at conclusion of finish coatings to ensure application, film continuity (holiday detection), and dry film thickness are in complete conformance with specification.
June 7, 2022, Item #13
HARPER & ASSOCIATES ·1
ENGINEERING, INC. Apri 20, 2022
o DRY FILM THICKNESS TESTING
• Prior to testing dry film thickness on any given day, Inspector will calibrate his instrument against N.B.S. metal plate standard. No plastic shims will be used. Instrument will be re calibrated at the beginning of the afternoon session or at any time the instrument may have been subjected to impact against scaffold, structure, etc. ■ The coating will be tested to determine if it has sufficiently dried to eliminate indentation of the probe into the coating, which subtracts mils from the correct reading. If the coating does deform, the testing will be postponed until the coating is firm enough to prevent deformation by the gauge.
■ Dry film thickness measurements will be taken on 3' centers until it is determined deficient readings warrant more tests to truly indicate the thickness of the area. Testing will be performed as deemed necessary to accurately determine the thickness, regardless of what the Contractor may say. If widespread deficiencies are found, the Contractor will be advised to determine if they prefer Inspector to proceed with testing after they apply additional material.
• After completion of the testing and after the Contractor has recoated all the deficient areas, tests on the recoated areas will be repeated until the minimum dry film thickness is obtained.
o HOLIDAY DETECTION (INTERIOR ONLY)
■ After completion of dry film thickness testing, all surfaces will then be holiday detected, utilizing the specified detector.
■ The Tinker-Rasor AP or AP-W High Voltage Holiday Detector power pack voltage will be set according to the voltage required in the specification. ■ Holiday detection and marking of defective areas will be performed as noted above under "DRY FILM THICKNESS TESTING".
■ All marked areas will then be repaired and holiday detection performed again. Re detection and marking will continue until the surface is holiday-free, unless otherwise instructed by the Owner or his Representative.
6. LIMITATIONS OF AUTHORITY
• RESIDENT PROJECT INSPECTOR
\\ ,\\\. .:,arpercng.com Page 15
June 7, 2022, Item #13
HARPER
&
ASSOCIATES
April
20 2022
ENGINEERING
, INC
.
'
•
Shall
not
authorize
any
deviation
from
the
Contract
Documents
or
substitution
of
materials
or
equipment,
unless
authorized
by
Engineer/Owner
in
writing.
•
Shall
not
exceed
limitations
of
Consultant's
Authority
as
set
forth
in
the
Agreement
or
the
Contract
Documents.
•
Shall
not
undertake
any
of
the
responsibilities
of
Contractor,
subcontractor,
or
Contractor's
superintendent.
•
Shall
not
.advise
on,
issue
directions
relative
to,
or
assume
control
over
safety
precautions
and
programs
in
connection
with
the
work.
•
Shall not
advise
on,
issue
directions
regarding,
or
assume
control
over
any
aspect
of
the
Contractor's
means,
methods,
techniques,
sequences,
or
procedures
of
construction,
unless
such
advice
or
directions
are
specifically
required
by
the
Contract
Documents.
•
Shall not
accept
Shop
Drawings
or
sample
submittals
from
anyone
other
than
Contractor,
and
shall
immediately
deliver
such
submittals
to
Engineer/Owner
.
•
Shall
not
authorize
Engineer/Owner
to
occupy
the
Project
in
whole
or
in
part.
o
DEFINITIONS:
Engineer/Owner
is
intended
to
apply
as
a
joint
reference
or
a
single
reference
subject
to
the
applicable
circumstance.
\\'.' "\'•. ~.,1rpcrcng
.com
Page
16 June 7, 2022, Item #13
Attachment 2
CITY OF POWAY
PROPOSAL COST SHEET AND RATES
Scope
Task 1 -Project Administration
ITEM TOTAL
Task 2 -Site Visit/Design Report
Task 3 -Laboratory Analyses
ITEMS TOTAL
Task 4 -Structural/Seismic Evaluation
Peterson Structural
ITEM TOTAL
Task 5 -Geotechnical Investigation
Converse Consultants
ITEM TOTAL
Task 6 -Specifications & Drawings
ITEM TOTAL
Task 6A -Specifications & Drawings
PSE -Foundation/ Anchor Bolts
(Optional)
ITEM TOTAL
Task 7 -Bidding Assistance
ITEM TOTAL
Task 8 -Services During Construction
ITEM TOTAL
Harper & Associates Engineering, Inc.
!§~fi~ijtion of Reservoirs R-4 and R-7
Categories Estimated
Hours
Project Manager 8
Project Engineer 8
Project Manager 8
Project Engineer 24
Eng. Technician 20
Laboratory Testing 12
Project Manager 8
Structural Engineer LS
Project Manager 8
Document Review LS
Field Reconnaissance LS
Engineering/Report LS
Project Manager 40
Project Engineer 60
Draftsperson 80
LS
Project Manager 8
Project Engineer 4
Project Manager 16
Project Engineer 18
Draftsperson 16
Hourly
Rate
$195
$180
I
$195
$180
$115
$90
I
$195
I
$195
I
$195
$180
$120
I
I
$195
$180
l
$195
$180
$120
I
Extended Rate
$1,560
$1,440
$3,000
$1,560
$4,320
$2,300
$1,080
$9,260
$1,560
$14,830
$16,390
$1,560
$1,290
$1,620
$6,090
$10,560
$7,800
$10,800
$9,600
$28,200
$18,805
$18,805
$1,560
$720
$2,280
$3,120
$3,240
$1,920
$8,280
April 20, 2022
pg 1 of 2
June 7, 2022, Item #13
CITY
OF
POWAY
PROPOSAL
COST
SHEET
AND
RATES
Scope
Tasks
9 &
10 -Construction
Management
&
QC
Inspection
(Optional) See
Note
Below
ITEM
TOTAL
I
Categories
Project
Manager
Project
Engineer
Structural
Inspector
NACE
Inspector
(R-4)
NACE
Inspector
(R-7)
Subsistence
PROJECT
TOTAL
WITHOUT
OPTIONAL
PROJECT
TOTAL
WITH
OPTIONAL
I
Estimated
I
Hours
8 16 24 120 320 55
Hourly
I Extended
Rate
Rate $195
$1,560
$180
$2,880
$125
$3,000
$90
$10,800
$90
$28,800
$100
$5,500
I
$52,540 $77,970 $149,315
Note:
Full-Time
coating
inspection
is
based
on
8 hours
per
day.
If
work
is
accomplished
in
fewer
days
or
hours,
costs
will
be
reduced
accordingly.
Harper
&
Associates
Engineering,
Inc.
Rehabilitation
of
Reservoirs
R-4
and
R-7
24 of
30 April
20,
2022
pg
2 of
2 June 7, 2022, Item #13
HARPER & ASSOCIATES ENGINEERING, INC.
CONSULTING ENGINEERS
1240 E. Ontario Ave., Ste. 102-312, Corona, CA 92881-8671 Phone (951) 372-9196 Fax (951) 372-9198
www.harpereng.com
TERMS AND SCHEDULE OF FEES AND CHARGES
HARPER & ASSOCIATES ENGINEERING, INC. services are furnished on the basis of the below listed schedule of fees and charges which are subject to revisions at six-month intervals.
FEES: Principal Engineer
Expert Witness/Deposition
Registered Corrosion Engineer
Registered Structural Engineer
Project Manager
Engineer
Engineering Technician
Engineering Aide
Structural Inspector
Coating/Paint Inspector
Draftsperson (CADD)
Dive Team
Clerical
$235.00 per hour
$270.00 per hour
$200.00 per hour
$200.00 per hour
$195.00 per hour
$180.00 per hour
$115.00 per hour
$95.00 per hour
$125.00 per hour
$90.00 per hour
$120.00 per hour
$275.00 per hour
$70.00 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, special insurance, etc.
Passenger cars and pickup trucks are chargeable at $.60 per mile when authorized. 25 of 30
June 7, 2022, Item #13
ENGINEERING DESIGN SERVICES FOR THE REHABILITATION OF THE R-7 RESERVOIR Harper & Associates Engineering, Inc.
26 of 30
PETERSON STRUCTURAL ENGINEERS
2022 Hourly Rates
Principal-in-Charge
Principal
Senior Associate
Associate
Senior Project Manager
Senior Structural Engineer
Project Manager
Structural Engineer
Associate Project Manager
Senior Project Engineer
Project Engineer
Staff Engineer
Staff Designer
CADD Drafting
Administrative
$250
$240
$230
$223
$278
$278
$203
$200
$790
$780
$775
$770
$765
$735
$725
• Vehicle mileage will be billed at current US General
Services Administration allowable rates and periodically adjusted according to federal updates
• Direct expenses w,II be billed at cost plus 10%
April 14, 2022
PAGE I 5
June 7, 2022, Item #13
CONVERSE CONSULTANTS
Non-Prevailing Wage Schedule of Fees
Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be perfomied in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2022.
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Technical Services (all including vehicle and equipment) Construction Inspector -ACI/ICC and/or AWS/CWl certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ................................. $80 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) ..................................................................... 85 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) ....................... 80 Coring Technician ...................................................................................................................................................................... 80 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ........................................................................ 80 Senior Soils Technician .............................................................................................................................................................. 85 Sample Pick-Up ......................................................................................................................................................................... 50 Professional Services (field and office)
Staff Professional ................................................................................................................................................................... $125 Senior Staff Professional. ......................................................................................................................................................... 135 Project Professional ................................................................................................................................................................. 145 Project Manager ....................................................................................................................................................................... 170 Senior Professional .................................................................................................................................................................. 170 Principal Professional ............................................................................................................................................................... 210 Principal/Consultant ................................................................................................................................................................. 225 Laboratory Testing
Laboratory Technician ...................................................................................................................................................... Per Test (See Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor .............................................................................................................................................................. $90 Office Support
Clerical/Word Processing ......................................................................................................................................................... $75 Drafting ....................................................................................................................................................................................... 80 CAD Operator/Drafting Manager ................................................................................................................................................ 80 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added far time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting paid time off within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.
3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS mileage rate far company owned vehicles traveling between principal office and project.
4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, pem,its, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Invoices
1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.
Furthemiore, Converse may at its sole option and discretion refuse to perfom, any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.
3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount.
General Conditions
The temis and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Converse Consultants P2022
27 of 30
June 7, 2022, Item #13
EXHIBIT
"8"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
28 of
30 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
June 7, 2022, Item #13
Cal
Gov
Code
§ 7522.56
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
29 of
30 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
2 June 7, 2022, Item #13
Cal
Gov
Code
§
7522.56
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)This
section
shall
not
apply
to
( 1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.
Amended
Stats
2013
.ch
528
§
11 (SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.
Annotations Notes
Amendments: Note--
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
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30 3