SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND EN ENGINEERING,
LLC FOR NATURAL GAS OPERATIONAL AND COMPLIANCE SUPPORT SERVICES
COVER PAGE
Contractor: EN Engineering, LLC
Responsible Principal of Contractor: Alfred Giordano, Principal Consultant Notice Information - Contractor: EN Engineering, LLC
9801 Westheimer Road, Suite 600
Houston, TX 77042
Attention: Alfred Giordano,
Principal Consultant
Telephone: (713) 260-4007
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Todd Dusenberry,
General Manager of Public Utilities
Telephone: (323) 583-8811 ext. 579
Commencement Date: July 1, 2023
Termination Date: June 30, 2024
Consideration: Total not to exceed $185,000 (includes all applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND EN ENGINEERING, LLC
FOR NATURAL GAS OPERATIONAL AND COMPLIANCE SUPPORT SERVICES This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and EN Engineering, LLC, a Delaware limited liability company (“Contractor”).
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on June 20, 2023.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about March 20, 2023, and titled Natural Gas Operational and Compliance Support Services, and Contractor's proposal to the City ("Proposal") dated April 13, 2023, Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.
3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.
4.0 TERM. The term of this Agreement shall commence on July 1, 2023, and it shall continue until June 30, 2024, unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $185,000 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials provided by Contractor, if any, shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.
5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City.
5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and
interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.
7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.
8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
9.0 INDEMNITY. In conformance with California Civil Code Section 2782.8, Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity to the extent that the claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, its agents, employees, subcontractors, or invitees, provided for herein. In no event shall the cost to
defend charged to the design professional exceed the design professional's proportionate percentage of fault.
10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage.
i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.
Premises/Operations Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement.
(1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all
rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.
11.0 GENERAL TERMS AND CONDITIONS.
11.1 INDEPENDENT CONTRACTOR.
11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and
save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. This notwithstanding, Contractor shall maintain all ownership rights, title and interests in all inventions, trade secrets, trademarks, copyrights, patents, know-how, practices, drawings, specifications, details, procedures, processes, technology, software, hardware, database, calculations, algorithm, object and source code developed, owned or controlled by Contractor prior to the performance of any Work or services for City under this Agreement or developed by Contractor independently from the performance of any Work or services for City under this Agreement (“Contractor IP”). If and to the extent any Contractor IP is included with or incorporated in the Work or services, Contractor grants to City a non-exclusive, perpetual, royaltyfree license to use and employ any and all Contractor IP to the extent necessary to gain the full advantage and benefit of the Work. City shall not misappropriate, infringe, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how, processes, formulae, methodologies, or other information of any of Contractor IP.
11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.
11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.
11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be
contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.
11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
11.11 INTERPRETATION.
11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.
11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).
11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.
11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal.
11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.
11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.
11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.
11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.
If to the City:
City of Vernon
Attention: Todd Dusenberry, General Manager of Public Utilities 4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
EN Engineering, LLC
Attention: Alfred Giordano, Principal Consultant
9801 Westheimer Road, Suite 600
Houston, TX 77042
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.
11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.
11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.
11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.
11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request. This notwithstanding, for any incomplete or unfinished documents, data, and other information, Consultant shall have the right to remove or redact any identifiable markings, including names, logos, title block, signatures and seals. Consultant shall be fully held harmless and indemnified from any and all claims, losses, liabilities and damages which arise out of or relate to any continued use or modifications made to any such incomplete documents, data, and other information transferred to the City hereunder.
11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
11.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.
The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.
The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.
11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.
11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”.
11.25 LIMITATION OF LIABILITY. NEITHER CITY NOR CONTRACTOR SHALL BE
LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEN OR KNOWN IN
ADVANCE BY EITHER PARTY, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR
OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE,
FINANCING, FUNDING, BONDING, USE, PRODUCTIVITY OR EFFICIENCY, BUSINESS,
EQUIPMENT OR FACILITY INTERRUPTION, INEFFICIENCY OR SHUTDOWN, AND DAMAGE TO BUSINESS REPUTATION.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.
City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos R. Fandino, City Administrator
EN Engineering, LLC, a Delaware limited
liability company
By:
Name:
Title:
ATTEST:
_______________________________
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney
EXHIBIT A
CONTRACTOR'S PROPOSAL
E ENGINEERING
INTEGRATED
SOLUTION S
An EN Englneer/ng CcJ+~~pany
TABLE OF CONTENTS:
INTRODUCTION 4
GENERAL SCOPE OF WORK 5
WORK PLAN 5
Task 1 —Audit Support 5
Task 2 —Ongoing Review and Management of Pipeline Compliance Programs 6 Task 3 —Integrity Management Plan HCA Analysis, Emergency Response Plan, &Repair Support 7 Task 4 —Global Audit Ready (software) compliance support 8 Task 5 —Quarterly Compliance Reviews 8
Task 6 — Ad-Hoc Compliance Support 9
Task 7 —Training 9
Assumptions &Clarifications 9
DEMONSTRATED COMPETENCE 10
Project Team 70
Project Examples 12
AFFIDAVIT OF NON-COLLUSION 13
SEALED PRICE BID 15
FEES &COSTS 16
EN RATE SCHEDULE 17
April 13, 2023
City of Vernon
Attention: Claudia Arellano
Utilities Program Analyst
4305 Santa Fe Avenue
Vernon, CA 90058
RE: Natural Gas Operational and Compliance Support Services Dear Claudia Arellano,
EN Engineering, LLC (EN) is pleased to submit this proposal to provide independent consultant compliance support services to the City of Vernon. We have grown significantly from our beginnings and in 2021, G2 Integrated Solutions (G2) joined the EN team. While EN Engineering has been rebranded a part of the ENTRUST Solutions Group, EN Engineering, LLC is still the operating and contracting entity through which services will be provided.
EN/G2 does not plan to utilize sub-contractors to complete this scope of work. This proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. EN's headquarters is located at 28100 Torch Parkway, Suite 400, Warrenville, L 60555, (630) 353-4000.
We appreciate this opportunity and look forward to supporting your team with this project.
Should you have any questions or require any additional information, please contact me.
Sincerely,
AI Giordano, P.E.
Principal Consultant, Regulatory Compliance
EN Engineering
9801 Westheimer Road, Suite 600
Houston, TX 77042
Phone: (713) 260-4007
Email: [email protected]
INTRODUCTION
EN/G2 is pleased to provide this proposal for compliance support services for the City of Vernon's Public Utilities (VPU) Natural Gas utilities division. EN/G2 believes our experience and expertise is a perfect fit for the City of Vernon to ensure continued compliance with state and federal regulations for pipeline safety.
EN/G2's proposal is based ofF the request for proposal (RFP) from the City of Vernon to provide the following services:
1. Audit Support — EN/G2 shall provide audit support to include pre-audit preparation, on-site audit support, and post-audit support for response to regulatory agencies, development of action plans, and remediation of any items required by regulatory agencies.
2. EN/G2 shall provide ongoing support for compliance with DOT-PHMSA requirements, including but not limited to development and implementation of a new procedures as required by applicable code requirements; updates for recent regulatory changes, and; perform annual reviews of all pipeline safety compliance programs.
3. EN/G2 shall support Vernon in management of program documents and procedures, as prescribed in pipeline safety code including support for programmatic needs comprising of Integrity Management Plan (IMP) threat, risk, and Preventive and Mitigative (P&M) development, class location studies, Moderate Consequence Area (MCA)/High Consequence Area (HCA) analysis, emergency response drills/exercises, engineering and design for construction of pipeline repairs including full construction packages_, plans and as-built drawings, and general project management support for compliance tasks.
4. EN/G2 shall provide subject matter expertise in the documentation and development of processes, procedures, and manuals for smaller utilities:
a. Support implementation of compliance management software
5. Quarterly compliance and record reviews — EN/G2 shall review pipeline compliance tasks quarterly, including all required documentation completed and develop a plan for the following quarter.
6. General compliance support — EN/G2 shall provide support for any pipeline safety compliance questions that do not fall within the previous categories.
7. Training Resources — EN/G2 shall include pricing to provide training and qualification of Vernon employees under the Vernon Gas Division Operator Qualification Plan.
EN/G2 has supplied nearly all of these services to the City of Vernon for the past three (3) years with success. EN/G2 believes we can improve our services to the City of Vernon under this new RFP based on the expansion of available resources. ENIG2 also believes that communication between the client and EN/G2 is imperative. In addition to quarterly progress meetings, EN/G2 will provide monthly status updates and schedule routine check-ins at client request. Project status meetings often include discussions regarding schedule and cost. Variances are identified and action plans and forecasts are developed to ensure adherence to budget and schedule.
GENERAL SCOPE OF 1NORK
The City of Vernon provides natural gas to approximately 125 commercial and industrial customers and has the infrastructure to serve approximately 900 customers within the City's service area. Gas is delivered to the City at two receiving stations. The City's transmission system became operational in 2005 and is a designated high-consequence area. It is comprised of 7 miles of 10-inch steel main. The City's distribution system became operational in 2006 and consists of approximately 44 miles of 6-inch Polyethylene (PE) pipe. The City of Vernon pipeline system is subject to the compliance requirements of Title 49, Code of Federal Regulations (CFR) Parts 190, 191, 192, and 199.
EN/G2 has extensive experience in performing regulatory compliance services for natural gas and hazardous liquid pipeline operators. EN is uniquely positioned with multiple staff members who are previous inspectors with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and have a strong background in the interpretation and application of code requirements.
WORK PLAN
EN/G2 proposes the following sample project work plan similar to those employed by EN/G2 when performing work for other utility operators across the country.
Task 1 —Audit Support
Deliverables: Audit Preparation and Support for one (1) state or federal audit per year, based on PHMSA Integrated Inspection protocols. Audit preparation will be accompanied by a report of any gaps identified and recommended actions to mitigate prior to audit execution. If more than one audit occurs in any given year, additional support can be provided on a time and materials basis. This includes 3 days of off-site audit preparation time and one 40-hour week of on-site support.
Deliverables: General audit preparation support (as requested) and on-site audit support during state or federal audits. Post-audit remediation support will be proposed upon review and analysis of any audit findings and required remediation efforts. Audit Preparation and Support for any one (1) state or federal audits per year, based on PHMSA Integrated Inspection protocols. Audit preparation will be accompanied by a report of any gaps identified and recommended actions to mitigate prior to audit execution. If more than one audit occurs in any given year, additional support can be provided on a time and materials basis.
Task 2 —Ongoing Review and Management of Pipeline Compliance Programs EN will support VPU gas division personnel in performance of an annual review of the VPU Gas Pipeline compliance programs. This will include the following:
a. Operations and Maintenance Manual &associated procedures b. Operator Qualification Manual
c. Damage Prevention Plan
d. Public Awareness Plan
e. Corrosion Control Plan
f. Drug and Alcohol Testing Program
g. Integrity Management Programs (Transmission and Distribution) —Annual Risk Assessment, Threat Assessment, and Preventive and Mitigative (P&M) measures development
EN/G2's review of these programs will be to ensure continued compliance with changing regulations, and to ensure Vernon meets requirements for performance of an annual review. This review will be performed in conjunction with Vernon personnel in Q4 of each calendar year to align with current intervals.
Deliverables will include a development of an annual review document for use in demonstration of compliance. EN/G2 will ensure the VPU programs are reviewed to ensure:
1. Elimination of any code compliance deficiencies
2. Remediation of gaps based on industry guidance documents and reference to the specific industry reference document.
3. EN/G2 will provide the above referenced spreadsheet in a format such that it can be sorted /filtered by:
a. Procedure name /number.
b. Type of gap (code compliance, industry guidance).
4. Concurrent with the gap analysis, EN/G2 will make any minor recommended edits to the provided documents.
a. These will be provided in redline format along with the draft report and summary of observations.
b. Items requiring more extensive edits, process changes or entirely new processes will be noted in the observation summary but not completed during this step. Extensive may require a change order due to the unknown effort required for completion.
Deliverables may also include updated manuals based on minor regulatory code changes as performed during annual review periods.
Task 3 —Integrity Management Plan HCA Analysis, Emergency Response Plan, & Repair Support
Specific to Integrity Management, EN/G2 will also support VPU through the review of class and HCA locations to ensure that the requirements for the operations and maintenance of the VPU gas pipeline system do not change year-over-year. EN/G2's plan for performance of class and HCA locations is as follows:
1. EN/G2 and VPU will have akick-off meeting via conference call. During the meeting, the following will be confirmed and/or discussed:
a. Scope of work
b. The format of deliverables
c. Assumptions and analysis parameters
d. Milestones /key dates
e. Additional project information as needed.
2. EN/G2 will perform an initial review of the VPU system data. This initial review could include:
a. GPS data of the current gathering system
b. As-built drawings
c. Current system MAOP and Pipe specifications
d. Potential Impact Radius (PIR)
3. EN/G2 will review publicly available datasets, such as Microsoft Buildings and aerial imagery, to identify datasets supporting the analysis. ENIG2 will load the data into the analysis workspace. If structures are not available EN/G2 will manually digitize the structures.
4. EN/G2 will perform a desktop evaluation of the structures surrounding the system to identify if the structures still exist and identify if any additional structures need to be added to the structure dataset. Additionally, during the review EN/G2 will:
a. Classify if the structure is considered a site intended for human occupancy (SIHO) or non-BIRO.
b. Categorize the structures based on the purpose to be able to classify the structure is considered an ID Site based on VPU TIMP Standards.
5. EN/G2 will conduct a quality review of the data to ensure the accuracy of the data meets expected VPU standards.
6. EN/G2 will conduct a spatial Class Location analysis on the system.
7. EN/G2 will conduct a quality review of the analysis of the system.
8. EN/G2 will use the analysis results to classify the system mains based on §192.8 requirements.
9. EN/G2 will produce a draft report detailing the analysis and the system classification based on §192.8 requirements.
10. EN/G2 will hold a one (1) hour meeting with VPU to review the results of the analysis and the draft report. VPU will provide feedback and questions regarding the meeting content within one (1) week of completion of the meeting.
11. EN/G2 will update the analysis and the report based on VPU feedback.
12. EN/G2 will submit the final report and the analysis results to VPU.
Deliverables: Class Location and HCA maps, databases and associated records Additional items included under Task 3 is as follows:
Support of VPU personnel during emergency exercises and drills. EN/G2 will support VPU in the development and execution of one (1) annual emergency exercise or drill per year. EN/G2 has estimated this to include preparation of drill planning materials and a 2-day on-site visit to oversee and provide feedback to VPU personnel upon completion of the drill/exercise. Drills and exercises shall be planned and performed in accordance with VPU Emergency Response Plans and Preparation and Readiness Exercise Plan (PREP) guidelines as provided by PHMSA.
Deliverables include apre-drill planning document and post-drill evaluation and lessons learned.
2. Pipeline repair support, in the form of drawings, as-builts, pressure calculations, material verifications and document review will be provided to VPU on an asrequested basis. EN/G2 has estimated approximately 40 hours for technical support.
Deliverables will be based on the specific request from VPU.
Task 4 —Global Audit Ready (software) compliance support As part of this task, EN/G2 will provide support in the development &maintenance of tasking for upload to the Global Audit Ready (GAR) software, review and maintenance of tasking, and tracking of required compliance tasking &record development and upload.
Task 5 —Quarterly Compliance Reviews
As part of this task, EN/G2 will perform quarterly reviews of the ongoing compliance efforts of VPU. EN/G2 envisions completion of this task per the following:
Year 1 (2023-2024): The initial meeting will be onsite, and EN/G2 will work with VPU personnel to develop the 2023 compliance task matrix and schedule future meetings. EN anticipates the remainder of the site meetings will be conducted virtually.
EN/G2 has included one site visit with expenses as part of the estimated cost for this task.
Deliverables for this task will include initial compliance task matrix and plan for 2023 compliance task completion.
Subsequent Years {2024 & 2025): EN/G2 anticipates the same construct as Year 1, with a single site visit per year.
Task 6 — Ad-Hoc Compliance Support
EN/G2 shall act as the ad-hoc compliance support for VPU gas division personnel for any compliance-related task that may arise, at the request of VPU personnel. This task will provide a designated level of support as identified below in pricing construct.
Task 7 —Training
EN/G2 operates two training centers in Phoenix, AZ and Las Vegas, NV to provide training and qualification services to field personnel. EN/G2 utilizes fully qualified trainers to provide both Operator Qualification (OQ) and non-OQ training. EN has estimated pricing for providing OQ training to six (6) employees across approximately 20 covered tasks included in the VPU OQ program. This training will be held on-site at the VPU Gas Division building and will include approximately 5 days of training and evaluation time.
Deliverables: One (1) trainer on-site at VPU facilities for five (5} days to qualify six (6) VPU personnel in accordance with VPU OQ Program, including qualification documentation to demonstrate compliance with OQ requirements.
Assumptions &Clarifications
1. Any work or services performed under this proposal will be performed by EN under the terms and conditions of the existing contract between EN/G2 and VPU including the clarifications described in this proposal. All sections and portions of this proposal are an integral part of this proposal.
2. If awarded, EN reserves the right to request redlines to the master services agreement included as part of this request for proposal.
3. This proposal is based upon the project description and scope specifically described in this proposal.
4. Project Pricing Assumes:
a. VPU has already developed primary pipeline safety program documents and EN/G2 has familiarity with those documents.
b. One review and one revision cycle per deliverable; consolidated reviews constitute VPU gathering comments/questions from all VPU participants or reviewers.
c. Availability of VPU representatives to provide information or answer questions regarding the VPU pipeline safety compliance program.
5. EN has not included resources required to perform updates to manuals based on significant code changes due to the uncertainty of the scope. If required, EN/G2 may request a change order upon determination of the scope of modifications and allotted resources.
6. EN/G2 assumes 1 day of effort for each quarterly compliance review for virtual meetings. A single site visit is included as part of the quarterly compliance review task, to encompass one day on site with travel time included.
7. ENJG2 assumes one audit per year, with three (3) days of off-site audit preparation and one week (40 hours) of on-site audit support.
8. EN/G2 will ensure project continuity across all three years and identify secondary personnel for familiarization and substitution if required.
9. EN/G2 assumes efficiencies between years 2 and 3 due to familiarization with pipeline safety program.
DEMONSTRATED COIVIPETENCE
EN/G2 is uniquely positioned with multiple staff members who are previous inspectors with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and have a strong background in the interpretation and application of code requirements. Our staff is well prepared to provide support for pipeline safety audits for any part of the code.
Included in this service is a review of processes and procedures to ensure they meet code requirements, a review of records and evidence to support compliance, or to review specific documentation or evidence as necessary. We can also assist in preparing responses to audit questions and/or protocols. Other preparation services may include bulleted talking points, presentations to use during the audit, or conducting a mock audit.
In addition to preparation, we can be present or provide on-call support during an audit.
Project Team
EN/G2 is a leading national engineering services firm providing comprehensive design, engineering, and consulting services to gas and electric utilities as well as other energy and industrial end-markets. With over 3,000 professionals in 36 offices nationwide, EN/G2 offers customers an unparalleled spectrum of services with expertise in natural gas and oil pipeline infrastructure, gas distribution, electric power transmission, distribution and generation, automation systems, integrity management, and industrial and refinery solutions.
With over 1,000 degreed engineers, our engineers hold degrees in a broad range of disciplines including mechanical, electrical, civil, chemical, metallurgical, geological, telecommunications and petroleum engineering. This, combined with many years of hands-on experience, provides a skill base unmatched in our industry. Included on our staff are many registered professional engineers, NACE-certified engineers, cathodic protection specialists and certified coating specialist, degreed metallurgists as well as procurement specialists and designers/drafters with expertise in both AutoCADO and MicroStation0.
Our engineers and drafters have not only technical training but actual field experience in project management, construction management, operations and field data collection, surveys and repairs. This experience provides them with a perspective that allows easy communication with the client and a thorough understanding of the issues associated with operating a system.
EN/G2 will assign an overall Project Manager (PM) to oversee all phases of this work, coordinate all internal resources and act as the single point of contact with VPU. Reporting
to the PM will be the staff performing reviews and redline updates. EN/G2 anticipates utilizing a key team of the following positions for execution of the Compliance Support project:
• 1 Senior Principal and/or 1 Principal Regulatory Consultant • 1 Project Engineer
Below is the proposed preliminary project team that will be finalized upon award of contract:
• Alfred Giordano —Principal Consultant, Regulatory. AI Giordano is a licensed professional engineer with several years of experience in the energy industry and a focus on DOT regulatory compliance, regulatory audits, project management, and integrity management. AI serves as the Manager of Regulatory Compliance for EN/G2.
As the leader of the Regulatory Compliance team at EN/G2, AI is focused on pipeline compliance consulting with a specialization in inspections, audit support, program development, management, and maintenance. AI has developed regulatory consulting solutions for multiple clients, directly supporting the implementation and maintenance of their regulatory programs, jurisdictional determinations, integrity management, and overall regulatory compliance readiness.
Wallace McGaughey —Senior Principal Consultant, Regulatory. Wally specializes in regulatory compliance consulting, inspections, audit support, and training based on Code of Federal Regulations requirements related to liquid and natural gas pipeline systems, chemical plants, and refineries. In addition, Wally has developed numerous compliance manuals &procedures, conducted mock inspections, facilitated federal and state regulatory inspections, assisted operators with required compliance filings, and served as a liaison with regulatory agencies.
Wally also served as a Senior Pipeline Safety Specialist, Instructor with PHMSA Training and Qualifications (TQ) in Oklahoma City, OK. Duties included instruction in several of the regulatory training programs for federal and state Pipeline Safety Inspectors. As well as serving as Team Lead of the PHMSA Operator Qualification (OQ) Team, served on the Control Room Management development team, and on the Implementation Team for Natural Gas Underground Storage developing an inspector training program and inspection materials for PHMSA.
Tank Abour —Project Engineer. Mr. Abour is a Project Engineer for the Integrity team and is a graduate of University of Illinois at Urbana-Champaign. He is a mechanical engineer with 3 years of project experience in MAOP validation. Tarek has provided compliance reports across the US. He has reviewed and evaluated historical pipeline engineering documents to determine safe pipeline operations as
determined by PHMSA requirements. Tarek also assists in training new team members.
Team Qualifications
With amulti-year contract ENJG2 plans to execute the project in the most cost-effective manner. EN/G2 understands the expectation that VPU does not want to "train" new personnel. EN/G2 personnel to be utilized on this project will have experience in code compliance, interpretation, and program development. All junior engineering positions will be overseen and reviewed by senior, qualified staff.
Based on the size and expertise of EN/G2 workforce, we do not have a concern with staffing individuals meeting the requirements necessary to perform the scope of work stated above. EN/G2 will make efforts to maintain consistent resources throughout the execution of the project. As is the nature of any extended project; there may be needs for more resources at times and less at other times. With the dynamic nature of project work, the same individuals may not always be available. Additional considerations are those around individual employee's vacations, holidays, promotions, or other reasons to modify the staff assigned to a project.
Project Examples
City of Vernon —Compliance Program Support
EN/G2 has performed similar compliance support for the City of Vernon, CA gas division for the past three years. EN/G2 performed full review and maintenance of Vernon's Operations and Maintenance (O&M}, Operator Qualification (OQ), Emergency Response, Damage Prevention, and Public Awareness Plans. EN/G2 also supported the execution of Vernon's integrity management plan (IMP) on both the transmission and distribution assets. Additionally, EN/G2 supported the City of Vernon through two California Public Utilities Commission (CPUC) audits resulting in zero enforcement actions.
2. Greer Public Works Utilities —Compliance Program Support EN has performed compliance support for the city of Greer, SC Public Works department for their natural gas transmission and distribution systems. EN has supported Greer's maintenance of their O&M, OQ, IMP, and Emergency Response plans, including a revised risk analysis on their distribution integrity management plan (DIMP) procedures. EN has also supported Greer through two audits by the South Carolina Pipeline Safety, Office of Regulatory Staff with zero enforcement actions.
3. Swissport Aviation
EN developed pipeline safety compliance programs for two of Swissport's aviation fuel pipelines at two major domestic airports. This includes performance of a jurisdictional analysis of the pipeline to determine the necessary compliance programs, full development and implementation support, and audit support for both a federal and state pipeline safety audit.
City of Vernon Natural Gas Operational and Compliance Support Services Request for Proposals
EXHIBIT A
AFFIDAVIT OF NON-COLLUSION
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES )
Jeff Creaney
, being first duly sworn deposes
and says that he/she is Sr. Director, Business Development (insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of EN Engineering, LLC
(Insert name of bidder)
who submits herewith to the City of Vernon abid/proposal; That all statements of fact in such bid/proposal are true; That such bidlproposal was not made in the interest of or on behalf of any ~indisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder- or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false OI' S~1~II1 bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business.
I certify under penalty of perjury that the above information is con-ect By. Jeff Creailey
Date: April 10, 2023
Title: Sr. Director, Business Development
March 2013
EXHIBIT B
SCHEDULE
ENGINEERING
INTEGRATED
SOI,UTI ONS
An EH EnglrteerJng Cv~»pany
Contact: AI Giordano
Principal Integrity Consultant
[email protected]
r
r
r
FEES &COSTS
EN/G2 estimates the project pricing as follows on a time and materials (T&M) basis per the attached rate sheet. This includes a 4% escalation rate on years 2 and 3.
Year 2023-2024 Hrs 2024-2025 Hrs 2025-2026 Hrs
Task
1 -Audit Support $17,300 ~ 114 $18,200 114 $18,700 114
2 -Program Review
and Mana ement $29,500 152 $30,700 152 $32,000 152
3 —IMP, ERP and
Re air $18,900 132 $19,800 132 $20,600 132
4 —GAR Maintenance $3,400 24 $3,600 24 $3,700 24
5 -Quarterly
Com liance Reviews $10,300 64 $10,700 64 $11,000 64
6 - Ad-Hoc Compliance
Su ort $11,700 60 $12,200 60 $12,700 60
7 -Training $8,700 36 $9,000 36 $9,500 36
Expenses $8,000 $8,200 $8,500
Total $107,800 582 $112,400 582 $116,700 582
`~ Page 16
Schedule of Rates &Services
Consulting Services
Integrity, Metallurgy, Corrosion, PSM and Data Consulting Effective January 7, 2023 to December 31, 2023
.. ~ ~-
Technical Consultants and Subject Matter Experts
Sr. Principal Consultant $310
Practice Area Leader
Principal Consultant
$260
$242
Sr. Project Manager /Senior Technical Consultant $208
Project Manager /Technical Consultant $186
Integrity, Compliance and Safety Management Consulting Services Consulting Engineer/Specialist II $162
Consulting Engineer/Specialist I $142
Associate Consulting Engineer/Specialist II $121
Associate Consulting Engineer/Specialist I $106
Metallurgical Consulting Services
Chief Metallurgist $260
1 Metallurgical Consultant/Engineer II $165
Metallurgical Consultant/Engineer I $148
Associate Metallurgical Consultant II $125
Associate Metallurgical Consultant I $110
Corrosion Engineering Services
Sr. Corrosion Engineer $165
Corrosion Engineer II $148
Corrosion Engineer I $125
Associate Corrosion Engineer $110
l Corrosion Field Supervisor $160
Lead Corrosion Technician $128
Sr. Corrosion Technician $108
Corrosion Technician $92
GIS and Data Services
Data/GIS Consulting Specialist II $172
Data/GIS Consulting Specialist I $155
Sr. Data/GIS Analyst $128
1 Data/GIS Analyst $106
Sr. Data/GIS Technician $89
Data/GIS Technician $72
Data/GIS Associate $58
Support Services
Sr. Designer
Project Controls Engineer /Analyst
$128
$121
CAD Specialist /Designer $110
Sr. Project Controls Specialist
Sr. Drafter
$95
$95
Drafter $85
Project Assistant/Administrative Assistant/Project Controls Specialist $73 Notes
1. The above hourly rates include salary, payroll burdens, other overheads and fee. These rates do not include state or local gross receipts, sales, use or other forms of special business or occupation taxes not generally levied by most states. Costs associated with such taxes will be charged at actual cost.
2. Above rates are valid through December 31, 2023 after which they are subject to an annual adjustment based on inflation and changes in the labor market.
3. Overtime approved by the client will be charged at a rate of 1.5 times the regular hourly rate for nonexempt employees (GIS/Data Associate, GIS/Data Technician, Sr. GIS/Data Technician, Sr. Drafter, Drafter, Sr. Administrative Assistant, and Administrative Assistant) for time worked over 40 hours per week, weekends and holidays. Exempt employees will be charged at the hourly rate for all hours worked.
4. Travel time shall be invoiced portal to portal at the above rates.
5. An invoice will be submitted at the end of each month based on the work completed that month.
Payment for the amount invoiced is due and payable within thirty (30) days following receipt of EN invoice. Invoices not paid within 45 days are subject to a 1.5% per month interest charge.
6. Software will be charged at the rates below, in addition to the above rates for personnel:
Pipe Stress Analysis -Caesar II $30/hr Hydraulic Modeling - Synergi SES -Right-of-Way Pro (AC and DC Mitigation Modeling)
SES -Multl-Fields (DC Attenuation & EMF Modeling) $50/hr ANSYS
Area Isolation Module (AIM) - Synergi
PRCI Hot Tap
Reimbursable Expenses
$80/hr
$180/run
6. Reimbursable Expenses are in addition to compensation for basic and additional services and include those expenses incurred by COMPANY in the interest of the project, as identified by the following clauses:
7, Automobile Mileage -Automobile mileage shall be reimbursed at the standard IRS rate for actual miles traveled in the performance of services. Automobile reimbursement will be adjusted in accordance with IRS guidelines.
g. Direct costs incurred in performing the engineering services will be charged at actual cost. Such direct costs include but are not limited to the following:
a. Expenses in connection with authorized out-of-town travel charge shall include but not be limited to: airfares, automobile rental, lodging, meals, taxi fares, public transportation and parking.
L b. Expense of postage, courier and messenger services, and handling drawings, specifications and other documents, in connection with the project.
c. Expenses of maps, records, abstract fees, permit fees, supplies etc. L 9. Indirect costs incurred related to performing the engineering services will be charged at actual cost plus 10%. Such indirect costs shall include but not be limited to the following:
a. Expenses for special services or supplies applicable to the project, such as outside technical consultants, outside laboratory expenses, and other identifiable costs. b. Expenses to provide services supplied by a subcontractor or third party consultant such as field survey services, environmental permitting services, land and right-of-way acquisition services, construction inspection services using a third party subcontractor, or third party geotechnical services.
c. Expenses for special equipment that includes, but is not limited to: computer time rental, computer software and hardware, reference materials, tools, testing equipment, cameras, video gear, etc. which has been authorized by client for rental, lease, or purchase authorized by client for rental, lease, or purchase.
d. Per Diem expenses including meals, incidentals, and lodging may be charged in accordance with federal guidelines.
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.