HomeMy WebLinkAboutAgreement A-16-399 with Provost Pritchard Consulting Group.pdf Agreement No. 16-399
16-0581
1 MUTUAL RELEASE AGREEMENT
2 This MUTUAL AGREEMENT (Agreement) is made this~ day of June, 2016,
3 by the COUNTY OF FRESNO, a political subdivision of the State of California (County),
4 between Provost & Pritchard Engineering Group, Inc. d.b.a. Provost & Pritchard
5 Consulting Group (Provost), whose address is 286 W. Cromwell Avenue, Fresno, CA.
6 93711, with respect to the following:
7 WHEREAS, on or about July 12, 2005 the County and Provost entered into an
8 agreement (Agreement A05-329) whereby Provost agreed to provide on-call
9 professional engineering services necessary to support various County projects as
10 authorized by the County in subsequent task orders; and
11 WHEREAS, on or about July 17, 2006, the County authorized Provost to begin
12 work on the CSA No. 34 Lake Pump and Pipeline Improvement Project ("the Project");
13 and
14 WHEREAS, Agreement A05-329 expired during the course of the Project and
15 was superseded by on-call services Agreement A08-618. Furthermore, the Scope of
16 Services associated with the Project was amended multiple times between when the
17 County authorized Provost to begin work on the Project and on or about December 17,
18 2009; and
19 WHEREAS, Provost's Scope of Services on the Project generally included
20 professional engineering services required for:
21 1. Replacement of an existing submersible pumping station consisting of
22 two submersible pumps, motors, and check valves with a new submersible pumping
23 station consisting of four pumps, motors, and check valves;
24 2. Construction of a check valve on the pumping station discharge
25 pipeline at the high water mark of the lake;
26 3. Construction of an emergency connection, branch and gate valve on
27 the pipeline near the check valve above the high water line; and
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1 4. Construction of a flow meter on the pipeline to the golf course, Pond;
2 and
3 WHEREAS, the County notified Provost on or about November 23, 2015 that
4 they believed that the pump check valves were not performing as expected and that two
5 of the pump motors appeared to have failed; and
6 WHEREAS, the County retained an underwater dive company to conduct an
7 underwater inspection of the pumping station on December 9, 2015. That inspection
8 indicated that two of the four pump check valves had experienced mechanical failures.
9 The two failed check valves and the two failed motors with pumps still attached were
10 removed from the lake. Further inspection of the check valves confirmed that several
11 fasteners necessary for proper function of the check valves had failed due to apparent
12 corrosion. The two check valves installed on the two pumps that remain operational are
13 assumed by both Provost and the County to be at risk of similar failure; and
14 WHEREAS, the County retained the Electric Motor Shop and Supply Company to
15 inspect the two failed pumps and motors that were removed from the lake. Initial
16 inspection of the motors and pumps indicated that couplings attaching the motor shaft t
17 the pump shaft were loose on both pumps. All of the set screws meant to hold the
18 couplings in place were missing or loose. These set screws were installed by the
19 construction contractor in the field. The final motor inspection report attributed one
20 motor failure to a high voltage spike; the second motor failure was attributed to an
21 overload condition, possibly from the loose coupling between the motor and the pump.
22 There was no indication that the motor failures were related to the check valve failures;
23 and
24 WHEREAS, Provost was not retained to provide day-to-day construction
25 management or inspection services on the Project and therefore, had no opportunity to
26 identify issues with the field installation of the motor couplings; and
27 WHEREAS, Provost was responsible to review and approve the check valve
28 supplier submittals. The approved check valves did not have stainless steel exposed
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1 fasteners (bolts), but were similar to the previous check valves that had functioned
2 properly for more than a decade. The exposed fasteners appear to have corroded,
3 causing the valves to fail prematurely; and
4 WHEREAS, the County of Fresno is solely responsible for all operations and
5 maintenance of the pump station and equipment and acknowledges that there have
6 been additional modifications made to the facility as well as operational changes that
7 may have also contributed to the pump failure. The County of Fresno also understands
8 that each piece of pump station equipment has a limited useful life and must be properly
9 maintained and operated in accordance with manufacturer's specifications; and
10 WHEREAS, the funds of CSA 34 are not sufficient to pay for the cost to purchase
11 and install replacement check valves, and the County may not lawfully pay for that cost.
12 The County has requested that Provost, as the party responsible for reviewing and
13 approving the check valve supplier submittals, assist in paying for the cost of
14 replacement of the check valves. The County has not requested that Provost assist in
15 paying for the cost of repair or replacement of the motors; and
16 WHEREAS, the parties now wish to resolve any and all disputes between them
17 arising out of the failure of the check valves, and potential problems with the pumps or
18 motors.
19 NOW, THEREFORE, in consideration of these premises, the mutual covenants
20 and conditions set forth herein, such other good and valuable consideration, the receipt
21 and sufficiency of which are acknowledged, and to avoid litigation, the parties agree as
22 follows:
23 1. Incorporation of Recitals: The foregoing recitals are incorporated by
24 reference into the Agreement.
25 2. Provost Payment to County: In exchange for the releases set forth herein,
26 Provost agrees to pay to the County actual costs, not-to-exceed $53,688.20, for the
27 following:
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1 a. 50% of actual charges from Big Valley Divers, Inc. associated with the
2 dive on December 9, 2015, in the amount of$13,860.07; and
3 b. 100% of actual costs associated with purchase of new check valves,
4 estimated at $10,528.13; and
5 c. 100% of actual charges from Big Valley Divers, Inc. associated with
6 underwater replacement of check valves, estimated at $21,200 plus $8,100 for
7 contingency days (if required).
8 3. Mutual Release: Each party hereto, and their respective past and present
9 agents, principals, affiliates, subsidiaries, members, partners, employees,
10 representatives, registered representatives, attorneys, parents, successors, heirs, and
11 assigns, hereby releases each other party, and their respective past and present
12 agents, principals, affiliates, subsidiaries, members, partners, employees,
13 representatives, registered representatives, insurers, sureties, attorneys, parents,
14 successors, heirs, and assigns, and all other persons or entities similarly associated,
15 from any and all claims or causes of action such party has or had, or may have had,
16 against any other party, arising out of the failure of the check valves, pumps or motors,
17 whether presently known or unknown, at law or in equity, from the beginning of time to
18 the date hereof.
19 4. No Admissions: The parties acknowledge that this Agreement affects the
20 settlement of claims which are denied and contested and that nothing contained herein
21 shall be construed as an admission of liability or an admission against the interests of
22 any of the Parties.
23 5. Further Assurances: Each and every Party hereby agrees to execute such
24 further documentation and/or approve such corporate acts as may be necessary to
25 effectuate the intent of this Agreement.
26 6. Governing Law: This Agreement and any other documents referred to
27 herein shall be governed by, construed, and enforced in accordance with the laws of the
28 State of California.
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1 7. Benefits and Burden: This Agreement shall be binding upon and inure for
2 the benefit of the Parties hereto and their respective heirs, executors, administrators,
3 successors, devisees and assigns.
4 8. Counterparts: If this Settlement Agreement is executed in counterparts,
5 each counterpart shall be deemed an original, and all counterparts so executed shall
6 constitute one agreement binding on all of the Parties hereto, notwithstanding that all of
7 the Parties are not signatories to the same counterpart. This Settlement Agreement may
8 be executed in two or more original, photocopy, facsimile or email counterparts, and
9 each of which shall be equally admissible in evidence.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
2 set forth above.
3 PROVOST & PRICHARD COUNTY OF FRESNO
CONS TING GROUP,
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5 BY:
-'�-
TI LE ERNEST BUDDY ME DES,
6 CHAIRMAN, BOARD OF
SUPERVISORS
7 REVIEWED AND RECO ENDED
FOR APPROVAL ATTEST:
8 BERNICE E. SEIDEL, CLERK
9 BY:
BOARD OF SUPERVISORS
STEVEN E. WHITE, DIRECTOR,
10 DEPARTMENT OF PUBLIC By:
WORKS AND PLANNING DEPUTY
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12 APPROVED AS TO LEGAL FORM
DANIEL C. CEDERBORG
13 COUNTY COUNSEL
14 49 BY:
15 DIfPUTV
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APPROVED AS TO ACCOUNTING
17 FORM:
VICKI CROW, C.P.A
18 AUDITOR-CONTROLLER/
TREASURER-TAX
19 COLLECTOR
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BY:
21 DEPUTY
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FOR ACCOUNTING USE ONLY
24 Fund: 0830
Subclass: 16000
25 Org. No: 9174
Account: 5800
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