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HomeMy WebLinkAbout27760Contract No.: P-15-099-C DATE: March 16, 2015 Vendor Number: Contract Title: Contract Period: Using Agencies: Prepare User Rate Analysis and Engineering Report for CSAs 03/13/15 -OS/31/15 Public Works - Special Districts Terms: Net 45 --------------------- Total Contract Amt.: $40,000.00 ~~----------------- BuyerName: _S~·~W~·~K~ir~bLy __________ _ Name/Address: Representative: Phone No.: Email: 0000268417 Wilson & Associates 1999 North Nicolette Clovis, CA 93619 Ed Wilson 559.250.8362 fastew64@gmail.com Requisition No: _8_1_91_5_0_0_00_3 __________ _ Org: 9254,9174,9181 Supersedes: [KJNEW ..___ __ _,, RENEWAL ,__ __ _.I ADJUSTMENT D TICKDATE ,__ __ _,, REFERENCE (RFQ# I RFP#) DESCRIPTION: Professional services to prepare analysis and engineering report for Special Districts. SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date PW & P-Special DEPARTMENT: _D_ist_ri_cts ______ __ REQUISITIONER: Julie Zimmer-Belle Rev 1/2/15 County of Fresno INTERNAL SERVICES DEPARTMENT ROBERT BASH, DIRECTOR -CIO Facility Services Fleet Services Graphics Information Technology Purchasing Security Telecommunications PROCUREMENT AGREEMENT Agreement Number P-15-099-C March 13, 2015 Wilson & Associates 1999 N. Nicolette Avenue Clovis, CA 93619 The County of Fresno (County) hereby contracts with Wilson & Associates (Contractor) to prepare User Rates Analysis and Engineer's Report for County Services Area (CSA) 34 (Millerton New Town), CSA 34 Zone A (Brighton Crest) and CSA 34 Zone C (Bella Vista) in accordance with the text of this agreement, Attachment "A" and Attachment "B" by this reference made a part hereof. TERM: This Agreement shall become effective March 13, 2015 and shall remain in effect through August 31, 2015. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A" attached, at the rates set forth in Attachment "B". ORDERS: Orders will be placed on an as-needed basis by Department of Public Works and Planning, Resources Division under this contract. COMPENSATION: County agrees to pay Contractor and Contractor agrees to perform the services described herein according to Attachment "B" Schedule of Hourly Rates. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of forty thousand dollars ($40,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. 4525 E. Hamilton Avenue 1 Fresno, California 93702-45991 (559) 600-7110 1 Fax (559) 600-7126 PROCUREMENT AGREEMENT NUMBER: P-15-099-C Wilson & Associates March 13, 2015 Page 2 DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. 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 terminate this Agreement upon thirty (30) days 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. 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. 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. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-099-C AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-15-099-C Wilson & Associates March 13, 2015 Page 3 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). 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 for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles 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 not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but-only insofar as the operations under this Agreement are concerned. 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 shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno -Department of Public Works and Planning, Resources Division, Attn: Julie Zimmer-Belle, 2220 Tulare Street, 61h Floor, Room 600, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its 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, shall be excess only G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-099-C AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-15-099-C Wilson & Associates March 13, 2015 Page 4 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. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. 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. G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-099-CAGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-15-099-C Wilson & Associates March 13, 2015 Page 5 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. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Shannon W. Kirby, Purchasing Analyst I, at (559) 600-7116 or skirby@co.fresno.ca.us. FOR THE COUNTY OF FRESNO ~e.~ Gary E. Co uelle Purchasmg Manager 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: GEC:SWK:ssj G:\PUBLIC\CONTRACTS & EXTRACTS\C\P-15-099-C AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-15-099-C Wilson & Associates March 13, 2015 CONTRACTOR TO COMPLETE: Company: ·\<U(scrY\ ~ A-sJbu A-"1~ Type of Entity: 0 Individual ¢ Sole Proprietorship 0 Corporation Signed by: Print Name and Title Signed by: Print Name and Title Address 0 Limited Liability Company 0 Limited Liability Partnership 0 General Partnership Date Date CLelVtS City State Zip Page 6 FAX NUMBER ko..s4ew la4@~mfi\;ll ~ E-MAIL ADDRESS (5S1\ 2 'SO -&' 3 ft:, '1- TELEPHoNE NUMBER ACCOUNTING USE ONLY ORG No.: 9254, 9174, 9181 Account No.: 7295 Requisition No.: 8191500003 (08/14) G:\PUBLIC\C~CTS & EXTRACTS\C\P-15-099-C AGREEMENT.DOC P-15-099-C Ed Wilson Civil Engineer License C 23269 February 12, 2015 Julie Zimmer-Belle, MP A Attachment A Wilson & Associates 1999 North Nicolette Avenue Clovis, California 93619 (559) 436-6644 Fax: (559) 326-7283 Staff Analyst, Special Districts Administration Department of Public Works and Planning Resources Division, County of Fresno 2220 Tulare Street, Sixth Floor, Room 600 Fresno, CA 93721-2106 Page 1 of 4 2-05 Re: Proposal for Wilson & Associates Assessment Engineering Services: Preparation ofUser Rates Analysis and Engineer's Report for County Service Area ("CSA") 34 (Millerton New Town), CSA 34 Zone A (Brighton Crest), and CSA 34 Zone C (Bella Vista) Dear Ms. Zimmer-Belle: Wilson & Associates proposes to perform the following professional services for the preparation of a Proposition 218 compliant analysis and engineer's report on the proposed review and possible increase in existing CSA 34, CSA 34 Zone A ("CSA 34A"), and CSA 34 Zone C ("CSA 34C") assessments and fees for facilities, maintenance, services and operations described below. Wilson & Associates proposes to perform this scope of work, as described below in greater detail, on an hourly charge basis for professional services and for expenses ofnot-to-exceed compensation maximum of$40,000.00 (Forty Thousand Dollars), to be invoiced at the hourly rates shown on the attached Schedule of Hourly Rates. I. General Scope of Work: A. Project study area to include CSA 34 and its Zones 34A and 34C. CSA 34 Zone B to be initially described as part of the CSA 34 service area and then dismissed from further consideration due to its not being served by any of the facilities or maintenance operations utilized by Zones 34A and 34C, nor do the CSA 34B properties share any of the CSA 34 administrative costs with 34A and 34C. B. Scope of services and operations to be analyzed shall generally include: i. For CSA 34 (Millerton New Town) a. The cost to administer the raw water delivery contract, including the operations and maintenance costs, and reserves for the raw water pumping system; b. The costs of operations and maintenance for the existing water treatment plant, the existing tertiary wastewater treatment plant, and the existing but not yet operational treated wastewater effluent spray irrigation disposal facilities and acreage, all serving Zones 34A and 34C; P-15-099-C Attachment A Page 2 of 4 Julie Zimmer-Belle, MPA Staff Analyst, Special Districts Administration February 12, 2015 Page2 ii. For Zone 34A (Brighton Crest) Services to be provided include water supply and treatment, wastewater transport, treatment, and treated effluent disposal, street lighting, and street sweeping services. Water and sewer services rates and assessments to be based on this zone's beneficial cost share for operations, maintenance, and.reserves associated with CSA Zone 34A wastewater collection STEP and water distribution piping systems, and those associated with raw water purchase and delivery, with the operation ofboth the water and wastewater treatment plants, and with operation of the treated effluent disposal facilities. Street lighting and sweeping services and costs are limited to only the streets located within the Brighton Crest development (the CSA 34A boundaries). iii. For Zone 34C (Bella Vista) Services to be provided include water supply and treatment, wastewater transport, treatment, and treated effluent disposal, street maintenance, street lighting, open space monitoring and maintenance, and landscape maintenance. Water and sewer services rates and assessments to be based on this zone's beneficial cost share for operations, maintenance, and reserves associated with CSA Zone 34C wastewater collection and water distribution piping systems, and those associated with raw water purchase and delivery, with the operation of both the water and wastewater treatment plants, and with operation of the treated effluent disposal facilities. Street maintenance, lighting, and landscaping services, and open space monitoring and maintenance costs are limited to only the streets located within the Bella Vista development (the CSA 34C boundaries) and to the open space areas designated for monitoring and maintenance by the Bella Vista development. W &A to coordinate work on Zone 34C services analysis with the consultant for the Bella Vista development. County shall be responsible for estimating the costs of operations and maintenance and the beneficial cost shares for those facilities shared by Zones CSA 34A and CSA 34C, in collaboration with the Bella Vista development consultant and Wilson & Associates. One objective of these collaborative efforts will be to use, where applicable, the same unit prices of operations, maintenance and replacement work and costs in preparing cost estimates for the two CSA 34 Zones. II. Scope of Work to be performed by Wilson & Associates: A. Research all above-described existing water, wastewater, street, lighting, and landscaping utility rates, community demographics and usage patterns, budgets, and facilities planning and design studies for existing facilities and services. B. Make an analysis of the facts ofthe existing systems data and develop a basis of analysis for each separate utility system and fee. Build computer data files incorporating user class data and operational costs that will incorporate County staff and its consultants' work in progress. Work with County staffto develop proposed operations and maintenance budgets for each of the above-listed systems. Review and evaluate the user classifications incorporated into the P-15-099-C Attachment A Page 3 of 4 Julie Zimmer-Belle, MP A Staff Analyst, Special Districts Administration February 12,2015 Page3 existing rates to determine their cost-benefit relationships and relative proportionality of cost of service being funded to level of service being attributed to each parcel assigned to the separate systems user classifications. If needed, work with County staff to develop new user classes in order to ensure that any new rates recommended in the Wilson & Associates report will satisfY all of the requirements set forth in Article XIII.D, Section 6 of the California Constitution ("Article XIII.D.6"). C. Prepare an Engineer's Report on the analysis of any proposed changes to each of the above- listed fees and assessments for CSA 34, CSA 34A, and CSA 34C. The Engineer's Report shall meet all of the requirements set forth in Article XIII.D, and such others as may be required for community water, sewer, and other rates related to improvements already financed, or proposed to be financed. The Wilson & Associates total compensation amount includes the printing of twenty-five (25) bound copies of the final form Engineer's Report. D. Assist County staff with the preparation of any maps to be included in the Engineer's Report and notices to property owners on any recommended fee or assessment increases, attend community information meetings on any proposed fee or assessment increases, attend the noticed public protest hearing(s) on any proposed fee or assessment increases, and, if necessary, assist County staff with the tabulation of protests filed by CSA 34, CSA 34A, and CSA 34C property owners at those noticed protest hearing(s). E. This proposed scope of work does not include the cost of printing, mailing, and posting property owner and other notices, the cost to print resolutions and documents needed for the conduct of proceedings for property owner protest or approval of any proposed fee or assessment increases, nor the cost to record documents or prepare visual aids to be presented at any community meetings or the protest hearings. The County shall provide Wilson & Associates with copies of all current Assessor Maps for the CSA 34 territory, of the most current names and addresses of the affected property owners determined by the County legal counsel as eligible to file a protest on any proposed fee or assessment increases, and maps, plans, reports, studies, and other relevant documents pertaining to the above-described analysis. Ill. Proposed schedule for completion of all Wilson & Associates work and any required Proposition 218 proceedings needed for property owner approval of proposed fee or assessment increases: A. B. c. D. E. F. Analysis completed by Wilson & Associates Draft Engineer's Report completed by Wilson & Associates Final Engineer's Report completed by Wilson & Associates Board approves Resolution oflntention and sets hearing date Mail Notices Protest Hearing(s) March 11,2015 April24, 2015 May 8, 2015 June 6 and June 16,2015 June 19,2015 August 11,2015 Except as set forth above, the scope of work described herein to be performed by Wilson & Associates shall include all of the items and procedures necessary to properly complete the tasks Wilson & Associates has been hired to perform, whether specifically included in the scope of work or not. The compensation set forth in this proposal letter shall be the total compensation including, but not limited to, all out-of-pocket expenses. County P-15-099-C Attachment A Julie Zimmer-Belle, MPA Staff Analyst, Special Districts Administration February 12,2015 Page 4 Page 4 of 4 proposal letter shall be the total compensation including, but not limited to, all out-of-pocket expenses. County shall pay only the compensation listed unless otherwise agreed to in writing with Wilson & Associates Please call me if you have questions on the above proposal. Sincerely, Ed Wilson Wilson & Associates Enclosure P-15-099-C Ed Wilson Civil Engineer License C 23269 Attachment B Wilson & Associates 1999 North Nicolette Avenue Clovis, California 93619 (559) 250-8362 Fax: (559) 326-7283 SCHEDULE OF HOURLY RATES Page 1 of 1 Principal Engineer ........................................................................................................ $115.00/hour Non-Salm Cost Reimbursement Automobile Mileage Charge ............................................................................................ $0.50/mile Out of pocket expenses for printing, materials, supplies, and services required for completion of authorized work, and subcontractors are billed at invoice plus 20% handling charge.