ATTACHMENT #1
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Project Name: Fire and Combustion Protection System Design for Cogeneration Bldg
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
JENSEN HUGHES, INC.
THIS AGREEMENT is made and entered into this 25th day of February, 2025, by and between CITY OF THOUSAND OAKS , a municipal corporation ("City"), and JENSEN HUGHES, INC. ("Consultant").
City and Consultant agree as follows:
1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:
Professional services for fire suppression system and combustion protection system design for the Cogeneration Building at the Hill Canyon Treatment Plant (HCTP) CI 5759. Services and deliverables shall generally include but are not limited to: Complete review and analysis of existing systems, design and recommendations for upgrades, and construction administration as more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement shall not exceed the sum of $117,425 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees, attached as Exhibit "B" and incorporated herein. The rates and expenses set forth in Exhibit “B” shall be binding upon Consultant for the duration of this Agreement.
(b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice.
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(c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Joshua Koenig- Brown, Facilities Manager.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to Dec ember 31, 2025, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than two (2) separate times, for a period of one (1) year each.
Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 10 below, and (ii) City’s Project Manager gives written authorization to proceed with the work.
All services shall be completed within the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.
City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses ari sing out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City. Hunter Gildart is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person(s) shall communicate with, and periodically report to, City
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on the progress of the work. Should said individual s be removed from assisting in this contracted work for any reason, for other than exigent circumstances, City may terminate this Agreement. In the event of such exigent circumstances, Consultant may substitute an equivalently experienced person approved by City, which approval shall not be unreasonably withheld.
This Agreement is not assignable by Consultant without City's prior written consent.
No portion of the work described in this Agreement may be subcontracted out to other parties by Consultant.
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City.
Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this Agreement,
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Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section 9 because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
Coverage shall be at least as broad as:
(a). Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.
(b). Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c). Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
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(d). Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, part s, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance. The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance
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written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self -insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
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(c). If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
10. RELATION OF THE PARTIES
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. 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 the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonabl y timely manner, such correction shall be made by City, and the cost thereof shall be charged to
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Consultant or withheld from any funds due to Consultant hereunder.
12. TERMINATION BY CITY
City Manager or his or her designee may terminate without cause any or all of the services agreed to be performed under this Agreement upon five ( 10) business days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services.
Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumpti on of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time with reasonable prior written notice and during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
15. WAIVER; REMEDIES CUMULATIVE
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Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand stric t compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financ ial interest in Consultant's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.
20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as most recently issued by the Internal Revenue Service.
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21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all o f the covenants and agreements between the parties with respect to said services.
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28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Facilities Division
Finance Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Attention: Hunter Gildart
Jensen Hughes, Inc.
2099 S. State College Blvd., Suite 540
Anaheim, CA 92806
Copy to:
Jensen Hughes, Inc.
8830 Stanford Boulevard, Suite 300
Columbia, Maryland 21045
Attention: General Counsel
30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the
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Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City -approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
31. L EVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $500 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months.
Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $500 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement.
The Levine Act does not apply to contracts under $50,000, competitively bid, labor, or personal employment contracts. An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
In order to assure compliance with these requirements, Party/Consultant/Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C, incorporated herein by reference, and Party/Consultant/Service Provider verifies by its signature that it has completed Exhibit C in compliance of these requirements.
Party/Consultant/Service Provider shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $500 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Contract/Agreement, and for the 12 months following award of this Contract/Agreement. . An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period. Where applicable, Party/Consultant/Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Contract/Agreement.
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
JENSEN HUGHES, INC.
Kevin Toomey, Vice President, CA
Region
Sanford Tassel, CFO
CITY OF THOUSAND OAKS
David Newman, Mayor
APPROVED AS TO
ADMINISTRATION:
Andrew P. Powers, City Manager
ATTEST:
Laura B. Maguire, City Clerk
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:
Office of the City Attorney
Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney
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EXHIBIT A
JENSEN HUGHES, INC.
Fire and Combustion Protection System Design for Cogeneration Building CI 5759
SCOPE OF WORK
Consultant shall perform the following tasks for fire and combustion protection system design of the Cogeneration Building at the Hill Canyon Wastewater Treatment Plant (HCTP):
PHASE 1 – REVIEW OF EXISTING CONDITIONS AND FEASBILITY ANALYSIS
1. Review available documentation including as -built drawings (architectural plans, fire alarm plans, site plans, fire flow test report etc.) and test reports for the existing fire alarm and fire suppression systems at the Hill Canyon Treatment Plant.
Consultant will convert pdf drawings to CAD drawings if there are no CAD drawings on file.
2. Conduct a kickoff meeting with the City to review the project approach and scope of services detailed herein. The kickoff meeting will be held in conjunction with the initial onsite survey detailed below.
3. Perform one (1) initial onsite survey of the Cogeneration Building; one (1) day is included.
4. Prepare a feasibility analysis for the fire alarm, fire suppression, and combustion protection systems per NFPA 820 for the Cogeneration Building:
a. The feasibility analysis will include the findings from Consultant’s review of the available documentation, evaluation of the relevant codes and requirements specific to the property, and the findings from the initial onsite survey. b. The feasibility analysis will be limited to the fire alarm, fire suppression, and combustion protection systems and will provide recommendations for systems and equipment that is fully compatible with the fire alarm system upgrade/modernization work being performed by Cal Building Systems Inc.
Consultant has received Cal Building System Inc.’s submittals and drawings as part of the Hill Canyon Fire Alarm upgrades/modernization project.
5. Attend one (1) teleconference call with the City to discuss the feasibility analysis and design direction for the Cogeneration Building.
PHASE 2 – BASIS OF DESIGN
1. Attend one (1) teleconference meeting with the City and the Ventura County Fire Department (VCFD) to discuss the design parameters.
2. Develop one (1) Basis of Design (BOD) for the Cogeneration building. The BOD will include fire alarm, fire suppression, and combustion protection systems design approach and fire mitigation system design approach.
a. Beam detectors are not to be used as part of this design.
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b. A local application carbon- dioxide clean agent suppression system must be utilized for the methane generator as the existing construction of the building does not support total area/building protection. Consultant shall account for this and include additional details and justification therefor in the BOD. c. BOD shall include a description of phasing plan for construction of fire protection systems. Phasing plans shall include City’s feedback . City’s contractor (“Contractor”) shall be responsible for final coordination and phasing plans with the City.
3. Submit the BOD to the City for review and attend one (1) meeting via conference call to review the BOD.
a. One (1) revision to the BOD report is included to account for City comments.
4. Submit the final BOD to VCFD for review. Attend one (1) meeting via conference call to review the BOD.
a. One (1) revision to the BOD report is included to account for VCFD comments.
PHASE 3 – FIRE ALARM, FIRE SUPPRESSION, AND COMBUSTION PROTECTION
SYSTEMS BID LEVEL DRAWINGS
This phase is intended to provide bid level drawings which shall then be provided to Contractor for change order pricing for the proposed design.
1. Prepare one (1) drawing submittal to include fire alarm, fire suppression and combustion protection per NFPA 820. B id level drawing package to include the following:
a. Bid level drawings are defined as design documents that will convey the approved design approach and outline the installation requirements. The drawings will be developed based on electronic (AutoCAD format) background drawings: Note requirements per NFPA 820 will be determined in the Basis of Design Phase of this Agreement and will be integrated into the fire alarm, fire suppression, and combustion protection system bid level drawings. i. Fire alarm bid drawings will include:
1. Control equipment locations, panel layouts, installation, and mounting details.
2. Initiating device locations and mounting details.
3. Notification appliance device locations and mounting details. Device locations will take into consideration ambient conditions, noise levels, code requirements and space use (e.g., offices, equipment rooms, assembly).
4. Locations of addressable input modules used for supervising alarm or supervisory inputs from other devices. Details will include mounting and wiring details.
5. Locations of addressable control relay modules. Details will include mounting and wiring details.
6. Sequence of operations for the fire alarm systems.
7. General notes identifying the project’s design objectives.
8. Sheet notes identifying specific tasks or items.
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9. Mounting details for equipment and devices.
10. Interface details with control interlocks.
11. An equipment list and legend that includes device and equipment quantities.
12. A single -line wiring riser detail showing the locations of control equipment, power supplies, and circuits.
ii. Fire Suppression Bid drawings will include diagrammatic details/information of:
1. Automatic sprinkler locations within the building.
2. Automatic sprinkler system riser location.
3. Automatic sprinkler system riser detail.
a. Riser detail will account for the selected type of sprinkler system per the approved Basis of Design.
4. Preliminary Automatic Sprinkler System Bracing details.
5. Preliminary Automatic Sprinkler System hydraulic calculations.
6. Sheet notes indicating valves which are required to be monitored by the fire alarm system
7. New point of connection to existing underground fire water main. a. The underground scope of work includes reviewing existing drawings of existing underground fire water lines and the fire protection contractor shall be responsible for separation from site utilities and connecting to existing fire water lines.
8. Automatic sprinkler K-factors and temperature ratings.
9. Automatic Sprinkler system design criteria.
iii. Clean Agent bid level drawings will include diagrammatic details/information of:
1. General sheet notes.
2. Connection diagram to existing site fire alarm system.
2. Location of new clean agent cylinders within the Cogeneration Building.
3. Design concentration for clean agent suppression system.
4. Quantity of clean agent required to protect the methane generator. iv. Prepare specifications (limited to Division 28 for the fire alarm and Division 21 for the automatic sprinkler system and for the clean agent fire suppression systems). Specifications will be suitable for change order pricing by the Contractor. The specifications will be performance-based and include the final design, installation and acceptance of the new system and all associated components as well as the demolition of the existing systems and components for the property
Specifications will include the following requirements for Contractor:
Contractor shall be responsible for preparing shop drawings for VCFD review and approval and issuance of the permits. Shop drawings shall include, but not be limited to the following additional information needed to submit to VCFD for final review and approval and issuance of permits:
1. California State License information.
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2. Wiring terminations for control equipment.
3. Point to point wiring diagrams.
4. Detailed sequence of operations.
5. Battery and voltage drop calculations for control panels and power supplies.
6. Engineered flow calculations for clean agent suppression systems.
7. Circuit labeling or descriptions.
8. Initiating device addresses and descriptions.
9. Notification appliance device circuit labels.
10. General raceway and wiring layouts not specified on the plans.
11. Interlocks between H eating, Ventilation, and Air Conditioning systems and door closers and any other code required emergency control interfaces.
12. Hydraulic calculations for new automatic sprinkler system.
13. Seismic bracing calculations for new automatic sprinkler system.
14. Automatic Sprinkler system hanging and bracing details.
PHASE 4 – CITY AND VCFD REVIEW AND CONTRACTOR COST REVIEW
1. Submit the fire alarm and fire suppression bid level drawings to the City for review and conceptual approval.
a. Respond to review comments from the City regarding the fire alarm and fire suppression bid level drawings. A single comprehensive set of review comments and one (1) revision is included.
b. Attend up to two (2) meetings via conference call to review the bid level drawings with the City.
2. Prepare final bid package to account for City review comments. The final submittal will include fire alarm, fire suppression, and clean agent bid level design drawings, code analysis, fire alarm automatic sprinkler system and clean agent specifications. The final submittals will include PDF and AutoCAD files.
3. Submit the bid design drawings to the VCFD for preliminary review and conceptual approval.
a. Attend one (1) teleconference call with the VCFD to discuss the bid drawings.
This meeting is expected to result in an agreed-upon scope of work. Consultant will prepare one (1) set of meeting minutes summarizing the outcome. A half - day teleconference meeting is included.
4. Consultant shall follow the same process for VCFD review as was done previously for Consultant’s work on the Hill Canyon Fire Alarm modernization project.
5. Prepare one (1) rough order of magnitude (ROM) construction cost estimate to assist the City with estimating project costs and budgeting. ROM will include estimates for equipment and construction installation estimates.
6. Consultant will provide the following scope for assisting the City with change order pricing process.
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a. Attend up to one (1) job walk with contractor.
b. Review Contractor change order request and respond to up to five (5) requests for information (RFIs) from the contractor regarding the new fire suppression and new fire alarm systems. Fifteen (15) hours of consulting effort for change order review and RFI responses is included.
7. Prepare one (1) letter summarizing the findings of the received C ontractor’s change order.
PHASE 5 – CONSTRUCTION ADMINISTRATION SERVICES
1. Review Contractor’s pre-construction submittal for the project including: shop drawings, details, equipment submittals and associated calculations prepared by Contractor. One (1) comprehensive review and one (1) back -check review are included. Incomplete Contractor submissions will be returned without review.
Complete Contractor submissions should include all documentation and applicable calculations for all new proposed systems.
a. Shop drawing review comments will be issued as Bluebeam comments on the Contractors submitted drawings.
2. Provide responses to Contractor’s RFI’s throughout project duration. Fifteen (15) hours of consulting effort for change order review and RFI responses is included.
3. Conduct a close- out process at the conclusion of the project. Review NFPA 72 Record of Completion forms, as -built drawings, calculations, operation and maintenance (O&M) manuals, compile all required documents and verify that all requirements are completed to close the project. One (1) review of as -built drawings, calculations, and O&M manuals will be performed. Consultant will issue a letter certifying that to the best of their knowledge that C ontractor has provided a code-compliant fire alarm system.
PHASE 6 – MEETING WITH CITY AND CONTRACTOR ON-SITE
This phase is intended to run concurrently with the construction process. Conduct up to a total of five (5) job site visits and four (4) construction progress meetings via conference call, as required, to observe and monitor the installation progress of the fire protection systems in accordance with Contractor’s scope of work and in accordance with the project specifications as developed by Consultant.
i. During the site visits, Consultant will meet with appropriate representatives from the building, the project team, City, and C ontractor. Meeting minutes, and/ or a letter report, documenting Consultant’s observations will be transmitted to the appropriate parties following each visit. Consultant will address major deficiencies immediately with C ontractor’s project manager and escalate to the upper management, if deemed necessary to maintain the project schedule and/or budget.
a. Attend one (1) site visit for the pre- construction meeting to formally initiate the project and/or phase and to discuss the scheduling of the work with Contractor.
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b. Attend one (1) site visit at the estimated 25% completion mark. Consultant will provide one (1) daily report following the site visit. It will be the responsibility of the City to coordinate the date of this site visit with Consultant.
c. Attend one (1) site visit at the estimated 50% completion mark. Consultant will provide one (1) daily report following the site visit. It will be the responsibility of the City to coordinate the date of this site visit with Consultant.
d. One (1) site visit is included for the final walk -through at the completion of construction to document any outstanding deficiencies with the fire protection systems required to be corrected prior to close- out of the construction. It will be the responsibility of the City to coordinate the date of this site visit with Consultant.
ii. Prepare and submit to City a Punch List report identifying any deficiencies found during the final walk -through and confirming all scope as required by design has been completed. One (1) site visit is included for a back punch list review. The intent of this site visit is to verify all punch list items have been addressed. It will be the responsibility of the City to coordinate the date of this site visit with Consultant.
iii. Provide one (1) final letter indicating if punch list items created by Consultant have been addressed to close out the project.
iv. Provide up to ten (10) hours of general consulting services for teleconference calls, weekly construction check in calls with the City during construction.
List of Deliverables
The list below encompasses the deliverable items that will be provided for the fire alarm system upgrade:
1. Feasibility Analysis (Phase 1).
2. Basis of Design narrative (Phase 2).
3. V CFD Meeting Minutes from bid/change order package review meeting (Phase 4)
4. Bid Package for Change Order (Phase 3).
5. RFI/Submittal Responses (Phase 5).
6. Contractor shop drawing review PDF comments (Phase 5).
7. Site Visit Inspection Reports (Phase 6).
8. Final acceptance letter reports (Phase 6).
ADDITIONAL SERVICES
Any other work requested by City outside of the services specified above shall be considered an “Additional Service” and will be conducted on a mutually -agreed-upon basis using hourly rates as listed in this Agreement. When such work is requested, Consultant will submit an estimate of the cost to the City for approval prior to commencing work.
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EXHIBIT B
JENSEN HUGHES, INC.
Fire and Combustion Protection System Design for Cogeneration Building CI 5759
SUMMARY OF COST
Phase 1 – Review of Existing Conditions $ 13,250
Phase 2 – Basis of Design $ 11,250
Phase 3 – Bid Level Drawings $ 17,250
Phase 4 – VCFD Review & Contractor Cost Review $ 21,750 Phase 5 – Construction Administration Services $ 11,000 Phase 6 – Meeting with City & Contractor On Site $ 28,250 Reimbursable Expense Allowance* $ 4,000
Subtotal $106,750
Extra Services (10%) $ 10,675
Not to Exceed Total $117,425
*Reimbursable expenses are anticipated for meetings/review fees required by VCFD.
Total Reimbursable expenses anticipated are not to exceed $4,000 and will be billed at cost plus 15%. Consultant shall notify the City of such fees as soon as possible.
STANDARD HOURLY BILLING RATES
Senior Consultant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$290.00-$350.00 Consultant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .$225.00-$270.00 Associate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$160.00-$200.00 Project Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .$130.00 Technician/Intern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$115.00 Administrative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$105.00