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HomeMy WebLinkAboutP-22-438 SIGNED.pdf PROCUREMENT AGREEMENT NUMBER: P- a-a--`1"3 43 Page 1 Structural Preservation Systems 9/13/22 co County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics•Purchasing•Security•Technology O� 1$5�O ARE`' PROCUREMENT AGREEMENT Agreement Number P- ��— Y?� g 9/13/22 Structural Preservation Systems, LLC 1332 North Miller St. Anaheim, CA 92806 The County of Fresno(County) hereby contracts with Structural Preservation Systems, LLC(Contractor)to: Perform a field investigation of the Courthouse in accordance with the text of this agreement and Attachment"A" thereto (Contractor's Proposal), ***TERM: This Agreement shall become effective upon execution by the parties and shall remain in effect for twelve (12) months. EXTENSION: This Agreement may be extended for two (2)additional one(1)year periods by the mutual written consent of all parties. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" (Contractor's Proposal) attached hereto and incorporated by this reference, at the rates set forth in said Attachment"A" ***PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30)days prior to becoming effective. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of $132,700. ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be mutually agreeable to both parties, made in writing and signed by both parties. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery,which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five(45)days from the receipt of invoice. TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination, plus Contractor's reasonable costs of demobilizing from the project site and terminating the work contemplated by this Agreement. G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.Doc PROCUREMENT AGREEMENT NUMBER: P-cam 47 Page 2 Structural Preservation Systems 9/13/22 LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. PREVAILING WAGES: 1. No Contractor or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. 2. The Contractor shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available from the Department of Industrial Relations website http://www.dir.ca.gov. These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code§1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at County construction sites, at County facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve County projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. 3. Payroll Records (A) Each Contractor and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code§1776 and as defined in 8 CCR§16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code§1771, §1811, and §1815 for any work performed by his or her employees on the public works project. (B) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Contractor under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by County representatives at all reasonable hours at the principal office of the Contractor. The Contractor shall provide copies of certified payrolls or permit inspection of its records as follows: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. (2) A certified copy of all payroll records enumerated in paragraph (1)above, shall be made available for inspection or furnished upon request to a representative of the County, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to the County, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contractor. (3) The public shall not be given access to certified payroll records by the Contractor. The Contractor is required to forward any requests for certified payrolls to the County Contract Administrator by both email and regular mail on the business day following receipt of the request. (C) Each Contractor shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. (D) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the County shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Contractor or Subconsultant performing the work shall not be marked or obliterated. (E) The Contractor shall inform the County of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five(5)working days, provide a notice of a change of location and address. (F) The Contractor or Subconsultant shall have ten (10) calendar days in which to comply G:\PUBLIC\CLERICAL USE ONLY\CONTRACTs\PROCUREMENT AGREEMENT 05-27-2021.DOC PROCUREMENT AGREEMENT NUMBER: P-a-a- Page 3 Structural Preservation Systems 9/13/22 subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Contractor or Subconsultant fails to comply within the ten (10)day period, he or she shall, as a penalty to the County, forfeit one hundred dollars ($100)for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by the County from payments then due. The Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. 4. Prevailing wage rates will apply, and the Contractor is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the County Contract Administrator. 5. Penalty (A) The Contractor and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code§1775, the Contractor and any Subconsultant shall forfeit to the County a penalty of not more than two hundred dollars ($200)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Contractor or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code§§1770 to 1780, inclusive. (B) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Contractor or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Contractor or Subconsultant had knowledge of the obligations under the Labor Code. The Contractor is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. (C) In addition to the penalty and pursuant to Labor Code§1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or Subconsultant. (D) If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements: (1) The Agreement executed between the Contractor and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (3) Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. (4) Prior to making final payment to the Subconsultant for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. (E) Pursuant to Labor Code§1775, the County shall notify the Contractor on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. (F) If the County determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if the County did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by the County. 6. Hours of Labor G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.DOC PROCUREMENT AGREEMENT NUMBER: P-a-d.- a Page 4 Structural Preservation Systems 9/13/22 Eight(8) hours labor constitutes a legal day's work. The Contractor shall forfeit, as a penalty to the County, twenty-five dollars ($25)for each worker employed in the execution of the Agreement by the Contractor or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular§§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty(40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight(8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5)times the basic rate of pay, as provided in §1815. 7. Employment of Apprentices (A) Where either the prime Agreement or the subconsultant agreement exceeds thirty thousand dollars ($30,000), the Contractor and any subconsultants under him or her shall comply with all applicable requirements of Labor Code§§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. (B) Contractor and all subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, the Contractor and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/,for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. The Contractor is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code§1777.7. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit),whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnification: To the fullest extent permitted by law(including, without limitation, California Civil Code sections 2782 and 2782.8), Contractor shall indemnify and hold harmless the County, its governing body, officers, department officials, employees, agents and volunteers, and the State of California and its constituent agencies, including but not limited to the Judicial Council of California (hereinafter collectively referenced as "State Agencies"), and their respective officers, agents and employees, from and against any and all claims, losses, costs, damages, injury expense and liability(including incidental, special and consequential damages, court costs, reasonable attorney's fees as may be determined by the court, litigation expenses and fees of expert witnesses or consultants and costs of investigation incurred in connection therewith)to the extent they arise out of, pertain to or relate to the negligence, recklessness,willful misconduct of Contractor, and subcontractors, and anyone directly or indirectly employed by them, or anyone they directly control. In addition, pursuant to the provisions of California Civil Code section 2782.8, Contractor shall have the duty to defend the County, its governing body, officers, department officials, employees, agents and volunteers, and the State Agencies referenced hereinabove and their respective officers, agents and employees. Pursuant to California Civil Code section 2782.8, Contractor shall have no obligation to pay for any of the County's or State Agencies' defense related costs prior to a final determination of liability or to pay any amount that exceeds Contractor's finally determined percentage of liability based upon the comparative fault of Contractor. Contractor agrees that in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the County and other parties regarding unpaid defense costs. INSURANCE: Without limiting the right of the COUNTY and State Agencies to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies throughout the term of the Agreement: G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.Doc PROCUREMENT AGREEMENT NUMBER: P-d-,4,—LJ 3 g Page 5 Structural Preservation Systems 9/13/22 A. Commercial General Liability: Commercial General Liability Insurance with limits of Five Million Dollars ($5,000,000.00) per occurrence and as the annual aggregate. This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damage. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. If this is a claims- made policy, then (1)the retroactive date must be prior to the date on which services began under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, and the State of California and the Judicial Council of California and their respective officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverages for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County and/or the State Agencies, and their respective officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein. Contractor acknowledges and agrees that the County of Fresno, its officers, agents and employees and the State Agencies and their respective officers, agents, and employees, will not be responsible for any premiums on the policies. This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance written notice given to County. Contractor hereby waives its right to recover from County and from the State Agencies, and their respective officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within thirty(30)days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsements as stated above for all of the foregoing policies, as required herein,to the County of Fresno, Erin Haagenson, Principal Staff Analyst,2220 Tulare St, 7th Floor, Fresno CA 93721 stating that such insurance coverages have been obtained and are in full force; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, and the State of California and Judicial Council of California and their respective officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees, or by any of the State Agencies and their respective officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty(30) days advance, written notice given to County. Certificates of insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times all required insurance coverages as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.DOC PROCUREMENT AGREEMENT NUMBER: P- Page 6 Structural Preservation Systems 9/13/22 occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California and shall be purchased from companies possessing a current A.M. Best, Inc. rating of FSC VII or better. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement,the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Attachment"A", Contractor's Proposal); and (2)Attachment"A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An"electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1)a digital signature; (2)a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement(1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.DOC PROCUREMENT AGREEMENT NUMBER: P-0�d---q39 Page 7 Structural Preservation Systems 9/13/22 This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Carolyn Flores, Senior Purchasing Analyst, at(559)600-7112 or cflores(�fresncountyca.gov. FOR THE COUNTY OF FRESNO Digitally signed by Gary Gary Cornuelle Cornuelle Date:2022.09.27 07:58:47 07'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.Doc PROCUREMENT AGREEMENT NUMBER: P-a,a--Lf 6e Page 8 Structural Preservation Systems 9/13/22 CONTRACTOR TO COMPLETE: Company: Structural Preservation Systems, LLC Type of Entity: ❑ Individual ® Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership 1332 N Miller St Anaheim, CA 92806 Address City State Zip 949-529-6465 jdodson@structural .net TELEPHONE NUMBER FAX NUMBER E-MAILADDRESS Jason Dodson Print Name&Title: Assistant Secretary • Di9.11y signed by J.—Da— DN:O=US, / E=Jtladson(�sWCWral.net, 0='SWdural Pewm0on Syslem /.0d LLC.OU=AssISlanl Seaelary, DN=a—Dod— S I f 7 n atu re. Date:2022.09.21 09:24:5&MO' ACCOUNTING USE ONLY ORG No.: 45104513(T80344) Account No.: 7295 Requisition No.: 5132300012 G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.DDC ATTACHMENT 'A" [CONTRACTOR'S PROPOSAL] G:\PUBLIC\CLERICAL USE ONLY\CONTRACTS\PROCUREMENT AGREEMENT 05-27-2021.DOC struc't' urbl A STRUCTURAL TECHNOLOGIES COMPANY Proposal For: Parking Garage Investigation for the County of Fresno } ' r IM t •� j J .�•t .:� t Date: June 24, 2022 Project No.: 631482 Submitted to: Steven E. White Director Department of Public Works and Planning Design Division/Bridges 2220 Tulare St. 6th Floor Fresno, CA 93721 stwhite2fresnocountyca.goy Submitted by: Jason Dodson, Sr. Director of Estimating 949-529-6465 jdodsonCo net cc:cc: Clyde Ellis, Vice President—Structural Technologies Structural Preservation Systems,LLC•CA Contractor's License#814569 1332 North Miller St.•Anaheim,CA 92806•Phone:714-891-9080•Fax:714-897- 0163 www.structural.net Confidential:Any unauthorized use or distribution is prohibited. struc turbi A STRUCTURAL TECHNOLMES COMPANY INTRODUCTION Structural Preservation Systems, LLC ("STRUCTURAL") is pleased to present this proposal to perform a site investigation of the Fresno County Courthouse parking garage. In addition to the tactile on-site scope of the investigation, we have also included the modeling of the P1 and Roof level slabs to understand the design capacity. For the on-site tactile investigation, STRUCTURAL will perform a series of non-destructive and semi-destructive tests on both the P1 level and the Roof level of the garage to determine the condition of the in-situ Post Tension System. BACKGROUND The Fresno County parking garage is a 2-story subterranean concrete structure that was built in late 1960's. The parking garage is utilized by the county for courthouse services and other government facilities. The garage was built using a combination of precast and cast in place post-tensioned concrete. The Roof slab has 18" of soil and other landscaping with an active irrigation system. There has only been one major repair since its original construction. This was limited to the north end of the P1 slab which was replaced in 2000. Other than that, the garage is in relatively good condition. Due to the structure's age, vintage of P-T tendons and roof landscaping (that is watered routinely), the Department wants to determine the health of the existing parking structure. These (3) factors create an environment that may result in corroded reinforcing steel (i.e. P-T tendons and rebar)which can affect the garage's strength and long-term durability. The purpose of the investigation is to error on the side of caution by proactively investigating the structure to prevent an unsafe condition for the traveling public. SCOPE OF SERVICES This investigation will include a combination of nondestructive and semi-destructive testing techniques. The investigation on the P1 level will include a total of 15 tests that will be performed: 10 topside locations, 4 overhead locations, and 1 tunnel drainage location. For the Roof level, 15 tests will be performed: 8 topside locations, 6 overhead locations, visual observation and chain drag to locate delaminated concrete. The typical size of the investigation test locations will be 12"x12". The (8) locations on the topside of the roof slab will be 3'x3'. Once the investigation has been completed, a corrective action plan will be presented along with an investigation report and budgetary pricing for both short term and long term repairs. Page 2 of 9 r struc turbl A STRUCTURAL TECHNOLOGIES COMPANY A. Work Areas: - -,_ Roof Level Investigation I SIG LEGEND • Topside pocket(8) » ii. u�. .w ii` r ' - Inspect uniform PT in ( slab&button head PT in Corroded PT rooftees Inspect WP condition • l . . �•T , 5. . . Overhead pocket(6) *- _ C Inspect uniform PT in _ slab and button head PT In girders • - - • Overhead visual observation(1) Inspect slab PT Hammer sounding General PT screwdriver tests I Corrosion potential Open to outside mapping depending on findings i P1 Level Investigation - r�i�=s=' , -_. _"_'��•.`.� :._ LEGEND • Topside pocket(8) �,- • _ .;,•t.p Inspect PT in slab - 1 a [7 • Overhead pocket(4) 1 Inspect slab IT • - ' _ • Topside pocket(2) Inspect slab PT Inspect WP condition i' General Check drainage inside tunnel • _ . (i) _ C),ain drag to locate Spandrel beam with water • _ -, y _ _, ��' delaminated concrete staining&spalling - PT screwdriver test z i. PT strand deflection test Investigation Footprint Will Include the Outlined areas of P1 and Roof level Page 3 of 9 r struc turbi A STRUCTURAL TECHNOLOGIES COMPANY B. Scope of Work: STRUCTURAL proposes to provide all necessary labor, material, equipment, and supervision (except as noted below)to perform the following scope of work: Engineering A desktop study will be performed for the P1 and Roof level slab. The intent of the study is to determine the floor capacity given its existing condition. The priority is to study the P1 slab first. The floor's capacity will be evaluated assuming a) the P-T is fully effective and b)the P-T is non effective(i.e. loss of capacity due to corrosion,). Depending on the analysis results, a recommendation for immediate shoring may be warranted. Shoring for this purpose is not included in this proposal. After the investigation is completed, the P1 slab will be re-evaluated considering the existing condition. The Roof slab will be evaluated in the same manner but only for the existing condition. Investigation 1. One (1) Preconstruction Meeting at the Fresno County Courthouse + Review safety, scope, schedule, logistics, phasing and coordination with expected traffic patterns. 2. Perform initial project planning, including the generation of project specific documents. 3. Mobilize crew to site and stage materials, equipment, etc. 4. Utilizing GPR, locate and mark existing PT tendons. 5. Hammer sound and chain drag suspect areas of the concrete to determine if there are delaminations or spalling present. 6. Perform isolated Truth-and-Verification demolition pockets in 30 locations. Work shall be performed so as not to damage existing reinforcing steel. At each test location, determine: + Condition of prestressing steel + Perform PT screwdriver test + Reinforcing steel size, orientation + Concrete cover At select locations perform: + PT strand deflection test + Inspect Waterproofing + Inspect drainage inside tunnel + Corrosion potential 7. Patch back demolition pockets with a rapid curing shrinkage compensating repair mortar. 8. Repair waterproofing and backfill test locations on topside of Roof slab 9. Clean up and demobilize Page 4 of 9 struc turbi A STRUCTURAL TECHNOLOGIES COMPANY Summary Report A report will be provided including the structural analysis, field observations and recommendations for repair. The summary report will also include budgetary pricing for both short term and long term repairs. WORKING CONDITIONS Our estimate is based upon the following working conditions. a. Phased work plan b. Pedestrian and traffic control devices c. Employees trained in post-tensioning d. Five (5) day week MTWThF e. Daytime work hours (7:00AM—3:30PM) f. Investigation to be completed in a single(1) mobilization g. Prevailing wages h. Scissors lifts for above head test locations. EXCLUSIONS AND SUPPORT BY FRESNO COUNTY COURTHOUSE The following items and associated costs are excluded from our estimate. If you would like to make changes to this list, please let us know and we can discuss revisions and potential project impacts. a. Damage to embedded utilities that cannot be identified by GPR scanning b. Unobstructed access to work area c. Electricity: access to 110 volt/220V outlets d. Sanitary facilities e. Dumpsters within close proximity to work area for disposal of debris and regular trash f. Parking for service vehicles g. Staging area in close proximity to work area for storage trailer, equipment, supplies, mixing materials, etc... h. Potable water for mixing materials i. Removal of all hazardous materials (asbestos, lead paint, etc) j. Bid documents (drawings and specifications)for future work. k. Evaluation of roof slab for change of use SAFETY CONSIDERATIONS Safety is a core principle—there is nothing more important in what we do, 24/7. We owe it to our clients. We owe it to our employees. We owe it to the families of those that count on us. It's a moral and ethical requirement of our business. ESTIMATED SCHEDULE The field investigation is scheduled for a 2-3 week duration. Page 5 of 9 r strutr tur a A STRUCTURAL TECHNOLOGIES COMPANY FINANCIAL We propose to perform the above noted scope of services: Lump Sum Price Engineering Desk Top Study $20,000 Site Investigation&Reporting $112,700 • If the result of the investigation shows unexpected signs of distress, additional test locations may be warranted. This will be discussed with the Department of Public Works and their consultant. If there is agreement to inspect further, this cost will be billed separately. A. Terms: + Payment Terms: net 45 days + Contractual Terms:As per Procurement Agreement and "General Conditions" Paragraphs 1 through 9 set forth below + Proposal Expiration: This proposal may be withdrawn if not accepted within 30 days. SUGGESTED NEXT STEPS Please let us know if there are any questions related to the requirements and services in this proposal. We look forward to working with you on this important project! Respectfully, 1 � Jason Dodson Sr. Director of Estimating ACCEPTANCE OF PROPOSAL: The above Conditions, Specifications, Prices and General Conditions are hereby accepted. This Proposal, once initialed as to any interlineations and signed by the County's Purchasing Manager,will be appended as Attachment"A" to Procurement Agreement No. P-.3p.- ated September 13, 2022, which together will constitute the complete agreement between the parties. You are authorized to proceed to do this work and payment will be as stated above. ACCEPTED BY: Digitally signed by Gary Gary Cornuelle Cornuelle Date:2022.09.27 08:00:14-07'00' Authorized Signature Title Date Page 6 of 9 strucrturbl A STRUCTURAL TECHNOLOGIES COMPANY GENERAL CONDITIONS 1. Beginning Work: Structural Preservation Systems,LLC("Contractor")shall be allowed reasonable time for delivery of materials and labor for required performance.Client shall use its best efforts to assure that the work area is accessible and appropriate for Contractor's work. 2. Bonds And Insurance: a. The cost of bonds is not included.If Performance and Payment Bonds are required,Client is responsible for all associated premiums and will satisfy Contractor's bonding company underwriting requirements including confirmation of funding and use of standard AIA A311/A312 bond forms. b. Contractor shall maintain the types of insurance coverages as described in the Procurement Agreement at page 5,under the heading"INSURANCE"(specifically Commercial General Liability,Automobile Liability,Professional Liability and Worker's Compensation),each in the amount of coverage as listed therein,throughout the performance of the Contractor's Services: i. Worker's Compensation as required by statute;Employer's Liability with a limit of liability of$1,000,000 ii. Comprehensive General Liability including Completed Operations with the following limits: • Bodily Injury-$5,000,000 each occurrence/$5,000,000 Aggregate • Property Damage-$5,000,000 each occurrence/$5,000,000 Aggregate iii. Comprehensive Automobile Liability Insurance covering all owned,leased and hired automobiles used in connection with this Agreement with limits of not less than $1,000,000 per accident iv. Professional Liability Insurance with limits of$1,000,000 per occurrence and $3,000,000 annual aggregate. If this is a claims-made policy,then(1)the retroactive date must be prior to the date on which services began under this Agreement;(2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and(3)if the policy is canceled or not renewed,and not replaced with another claims- made policy with a retroactive date prior to the date on which services begin under this Agreement,then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. As more thoroughly provided in the Procurement Agreement,Contractor will provide certificates of insurance for each type of coverage required, which will include the Client, together with the State of California and the Judicial Council of California, as additional insured, as more thoroughly provided in the Procurement Agreement. Page 7 of 9 struc turbi A STRUCTURAL TECHNOLOGIES CJMRANY 3. Payment: a. Payment is a material issue. Payment by Client for Contractor's performance is not subject to any contingencies or conditions. If payment is not made within forty-five(45)days, Contractor may stop work after three(3)days' written notice to client without prejudice to any other remedy it may have including the right to file a lien,claim,or notice thereof.No back charges or claims shall be valid unless agreed to in writing by Contractor. Retainage shall not exceed 5%for the duration of the project. b. Client shall not withhold payments due to third party general liability claims if the liability for such claim(s)has been accepted by Contractor's insurer. 4. Warranty: a. Contractor warrants to the Client that the work described herein will be free from defects in material and workmanship.If within one(1)year from date of Completion of Contractor's Work, or as otherwise mutually agreed upon in writing between Contractor and Client, Contractor receives from the Client prompt written notice that the material or workmanship does not meet such warranties,Contractor will cure,within a reasonable amount of time,each such defect including nonconformance with the specifications,weather-permitting. b. Contractor does not provide any warranty for chemical grouting work. C. Any manufacturer's warranty provided for materials shall be provided as a direct warranty,which shall be enforceable only against the manufacturer. Client shall be solely responsible for enforcing any such warranty. 5. Delays: a. Contractor is not responsible for,and is entitled to extensions of time for,weather delays and other delays out of its control, (including,without limitation,those caused by; the Client, Owner(if not the Client),General Contractor,other contractors and subcontractors,Architects,Engineers;terrorism,armed conflict or economic dislocation;embargoes of labor,unavailability of raw materials,production facilities or transportation; labor difficulties;civil disorders of any kind;action of civil or military authorities;vendor priorities and allocations;or fires,floods,accidents and acts of God). In addition,Contractor can stop work if it considers the jobsite conditions unsafe or if another contractor working at the Project site is being unsafe. b. Contractor's liability for delay damages is limited to liquidated damages in an amount mutually agreed upon by Contractor and Client, if any,which shall be Client's sole and exclusive remedy for any damages resulting from Contractor's delay. In no event shall the aggregate amount of any liquidated damages exceed five percent (5%)of the contract price. Contractor shall not be liable for any other actual,punitive,indirect, incidental or consequential damages relating to the delay in completion of the work described in this proposal. C. If Contractor is delayed in any manner by the acts,errors,or omissions of the Client or Owner(if not the Client),their separate contractors(of any tier),Architect,Engineer,or by an employee or agent of any of them,then, in addition to any applicable extension of time,Contractor shall be entitled to compensation for any reasonable damages caused by the delay. 6. Liabili : a. Contractor shall not be liable to any party for claims of any kind related to asbestos, lead paint or mold or any other hazardous materials. If Contractor encounters(1)hazardous materials,or(2) subsurface or latent physical conditions which differ from those disclosed to Contractor in the Contract Documents or those ordinarily encountered at a site similar to the Project,then Contractor shall be entitled to an equitable price and schedule adjustment to compensate it for such conditions. b. Liability or damages associated with water leakage shall be the responsibility of the Client except to the extent caused by Contractor's negligence,gross negligence or willful misconduct. C. Client shall be responsible for any and all property damage and/or bodily injuries(including but Page 8 of 9 r r struc ture A STRUCTURAL TECHNOLOGIES COMRANY not limited to injuries to Contractor's employees)that result from damage to interior and/or exterior underground/overhead/surface mounted/embedded utilities or structures except to the extent caused by Contractor's negligence,gross negligence or willful misconduct. d. Contractor's responsibility for any claims,damages,losses or liabilities arising out of or related to its performance of this contract,including but not limited to any correction of defects under the Warranty, shall not exceed the contract price. Except to the limited extent provided in Section 5.b.above,in no event shall Contractor be liable for any special,indirect,incidental,consequential,delay or punitive damages of any character,including but not limited to: loss of use of productive facilities or equipment,lost profits, governmental fines or penalties,property damages,personal injuries or lost production,whether suffered by Client or any third party,irrespective of whether claims or actions for such damages are based upon contract,warranty,negligence,strict liability or otherwise. NOTWITHSTANDING THE LIMITATIONS SET FORTH IN THIS PARAGRAPH,CONTRACTOR OR ANY SUBCONTRACTOR SHALL BE BOUND BY THE REQUIREMENTS FOR INDEMNIFICATION ARISING FROM THIS AGREEMENT WITH RESPECT TO,AND ANY LIMITATION OF LIABILITY DOES NOT APPLY TO,THOSE CLAIMS,DEMANDS,LOSSES,INCLUDING ATTORNEY'S FEES AND LITIGATION COSTS, BASED ON THIRD PARTY CLAIMS OF NEGLIGENCE,GROSS NEGLIGENCE,OR WILLFUL MISCONDUCT ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. 7. Indemnification: See Procurement Agreement,at Page 4,under the heading"Indemnification. 8. Dispute Resolution and Governing Law: a. All claims,disputes,and other matters and questions arising out of,or relating to this Contract or any breach which cannot be resolved through negotiation,may be submitted to mediation before the American Arbitration Association. If the dispute is not resolved through mediation,the parties may elect to proceed to binding arbitration before the American Arbitration Association in accordance with the Construction Industry Arbitration Rules then in effect. b. Prior to exercising any remedies based on default,deficiency,delay or failure in the performance of the Work,the Client shall provide Contractor with prompt written notice and an opportunity to cure within a commercially reasonable time. C. This contract shall be governed by the law of the jurisdiction in which the project is located. Price Escalation: a. All pricing given in this proposal represents current market prices for labor and materials. Increased costs due to changes in material prices and labor rates at the time of delivery or during performance will be brought to the Client's attention with the understanding that equitable adjustments to the contract price will be made. b. If the pricing for the Work includes unit prices,the unit prices specified assume that the designated quantities will be provided. If more or less than the specified quantities are actually provided,Contractor shall be entitled to an equitable adjust to the contract price to reflect loss of production efficiency,increased unit costs of production and/or installation and other similar factors. 9. Mock-ups(if applicable):Contractor will prepare a mock-up based on the specified work scope for each repair item to set the quality and aesthetic standards for repair. Should the desired results not be achieved, further investigation and continued work may necessitate additional costs for the specified repairs.if the Client does not approve the mock-up,Contractor reserves the right to terminate the contract and recover all actual, incurred costs in completing the mock-up. Page 9 of 9