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CSI SERVICES INC; 2011-12-29; UTIL855
UTIL855 AGREEMENT FOR PROFESSIONAL INSPECTION SERVICES (CSI SERVICES, INC.) THIS AGREEMENT Is made and entered Into as of the o2*?"^ day of DeceiY\t>C^ , 20// , by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and CSI Services, Inc., a California Corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a third-party quality assurance inspection consultant that is experienced in steel water tank coatings and structural modifications. B. Contractor has the necessary experience in providing professional services and advice related to third-party quality assurance inspection of steel water tanks. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The Executive Manager may amend the Agreement to extend it for one additional one year periods or parts thereof in an amount not to exceed fifty-six thousand five hundred dollars ($56,500) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed fifty-six thousand five hundred dollars ($56,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this General Counsel Approved Version #05.06.08 1 Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. General Counsel Approved Version #05.06.08 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH", OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. General Counsel Approved Version #05.06.08 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name William E. Plummer Name Patrick Sweeney Title District Engineer Title Project Manager Department Utilities Address P.O. Box 801357 Carlsbad Municipal Water District Santa Clarita, CA 91380 Address 1635 Faraday Avenue Phone No. 877 274 2422 Carlsbad, CA 92008 E-Mail psweeney(gcsiservices.biz Phone No. 760 602 2768 General Counsel Approved Version #05.06.08 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. General Counsel Approved Version #05.06.08 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. General Counsel Approved Version #05.06.08 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// General Counsel Approved Version #05.06.08 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER CSI SERVICES INC DISTRICT, a Public Agency organized a California corporation under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: {\ J n. ^ { : By: By: (sign here) Prooidont, Executive Manager or designeei""//,, (print name/title) f~ ' ATTEST: (sign here) ^ LORRAINE M. WOOD / /?^^^^7?.\/M.y/«(^Secretary (print name/title) ' If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. '**Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: ^(21 Deputy General Counsel General Counsel Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On before me. Date* TT—. Here Insert Name knd Title of the Officer (j personally appeared ^ ntSltS lllt>tSH INdlltU UIIU r^ridti Carroll S^LKJ^.^ Name(s) of Signer{s) and BlLUE KENE5SEY Commission # 1912565 | Notary PuWic - Cilifotma z Los Angeles County | Mv CoiTirn. Expires Dec |> 2Q14 \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Signature of Notary Public 7 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached/Document Title or Type of Document: rV Document Date: document \ -N f — ^ . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUIVIBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Exhibit "A' SERVICES P. O. Box 801357 Santa Clarita, CA 91380 Toll Free: 877.274.2422 Fax: 661.775.7628 www.CSIServices.biz Providing Quality Technical Services to the Coating Industry November 6, 2011 Via Hand Delivery and Emaii Mr. William Plummer E-mail: bill.plummer(a)crslbad.gov City of Carlsbad 1635 Faraday Avenue Cartsbad, CA 92008 Subject: Proposal 1148R - Professional Inspection Services Re: 01 and 02 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (Citv Proiect No. 5024) Dear Mr. Plummer: CSI Services, Inc. (CSI) is pleased to submit the attached revised proposal. We are excited about this opportunity and confident that our experience and qualifications allow us to meet your high standard of quality. Thank you for this opportunity and should you have any questions or comments, I can be reached through e-mail at psweenev@CSIServices.biz or cell 661-478-8900. Sincerely, CSI Services, Inc. Patnck Sweeney Project Manager Hawaiian OfTice: 95-2040 Wail<alani PL, E402 Mililani, HI 96789 Northern California Office: PO Box 371, Sonoma, CA 95476 Coating Specialists and Inspection Services, Inc. Consulting Evaluations Tank Diving Inspection SERVICES CSI Services, Inc. P. O. Box 801357, Santa Clarita, CA 91380 877.274.2422 Proposal 1148R Professional Inspection Services D1 and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) Prepared for: Mr. William Plummer City of Cartsbad 1635 Faraday Avenue Cartsbad, CA 92008 Prepared by: CSI Services, Inc. Patnck Sweeney Project Manager November 6, 2011 Hawaiian Office: 95-2040 Wail<aiani Pi., E402 llfliiiiani, HI 96789 Nortfiern Caiifornia Office: PO Box 371, Sonoma, CA 95476 Coating Specialists and Inspection Services, Inc. Consulting Evaluations Tank Diving Inspection SERVICES Proposal 1148R- Professional Inspection Services DI and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) City of Carlsbad, CA Page i Table of Contents Discussion 1 Scope of Services 2 Attachments Roebuck Resume Sweeney Resume Client References SSPC QP5 Certificate Fee Schedule (separate sealed envelope) SERVICES Proposal 1148R- Professional Inspection Services DI and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) City of Carlsbad, CA Page 1 Executive Summary It is understood that the goal of this project is to provide third-party quality assurance inspection on the DI and D2 Steel Water Tank maintenance project. CSI Services, Inc. (CSI) is excited about this opportunity to continue to work with the City. Further, we are confident that our experience and qualifications allow us to meet the City's high standard of quality. The staff of CSI has extensive experience with projects of this type, particularly with respect to large capacity steel water storage tanks. We have completed over 100 steel water storage tank proiects with this same scope within the last 5 years. We feel that this experience will be critical on this large tank project. With respect to water tank inspection projects this one has a potentially wide scope. The vast majority ofthe work will involve coating work with some retrofitting work. This project requires a team that not only has extensive water tank inspection experience, but also has the ability to take the quality of inspection to a 100 percent customer satisfaction level. CSI strives to continually meet this internal benchmark. Firm Experience It is important for a quality inspection team to understand the various hold-points and testing procedures, but the mark of good inspection is its ability to foresee problems and remedy them before problems become reality. This is where the value of our proposed team can provide superior coating inspection services to this project with a critical path. An organizational chart of our proposed team is found below. Bill Plummer City of Carisbad Pat Sweeney Project Manager Pat Roebuck Coating Inspector Aurello Coral Coating Inspector (Baclc-up) CSI will complete this assignment using a team approach. Mr. Patrick Sweeney will act as Project Manager throughout the entire project. His personal inspection experience, as well as his history of managing over 500 water storage tank inspection projects will provide unsurpassed support and organization to not only the CSI inspector, but also to the project. Mr. Pat Roebuck will complete the primary inspection tasks. Mr. Roebuck has provided inspection on projects involving large tank retrofitting and coating projects since 1990. In the event that Mr. Roebuck is not available for this project, we will use Mr. Aurelio Coral. Mr. Coral has extensive experience with large tank recoating projects. Our team has worked together on projects of this same scope for over 13 years. As our many clients can attest, we take great measures to assure that owners receive a superior product. This allows us to take great pnde in the service that we provide our clients. There is no greater means of measuring the qualification of an inspector, project manager, or firm than through its list of successfully November 6, 2011 SERVICES Proposal 1148R- Professional Inspection Services DI and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) City of Carlsbad, CA Page 2 completed projects with water storage tank owners. We recognize it is your project, but we further recognize that it is our reputation. CSI is dedicated to meeting any Distnct schedule and our staffing will reflect our excellent reputation for responsive inspections. CSI has unsurpassed qualifications for the scope in discussion. Further, CSI is proud of its certification as an SSPC QP-5 Coating Inspection Firm. Much like an ISO 9001 certification, the QP-5 certification recognizes firms for their high level of technical strength, internal quality control program, financial stability, safety record, and ability to provide quality services over a long period of time. The QP-5 has been adopted by many large owners such as the U.S Department of Defense, Army Corp of Engineers, and many state governments as a means of prequalifying firms for inspection on their coating projects. We offer this QP-5 recognition as a third-party means of verifying the quality and abilities of our firm. Our QP-5 Certification is attached. In order to express these qualifications, resumes of team members and a client reference list is attached. Each of the clients listed can attest to not only the quality of work that CSI provides, but that this same quality has been provided by this same team over a long period of time. We welcome the opportunity to fully express our expertise in providing coating inspection on this water storage tank project through an interview process, should the City deem it necessary. Scope of Services CSI Services, Inc. (CSI) will provide quality assurance inspection services. CSI will provide technical as-needed consulting assistance and a qualified fully trained and equipped inspector throughout the progress of the work up to and including final acceptance. CSI will provide an independent, professional, and thorough inspection. CSI will not take any responsibility for the safety of others. The CSI inspector will be fully equipped with calibrated instruments to verify that the Contractor meets all of the requirements of the specification. As noted in the Discussion, CSI has found that it can provide its clients the most versatile and technically competent quality assurance program through a team approach. This team of engineers, inspectors, and administrative support personnel allow us to provide an up-to-date, competent, and efficient service product. The duty of this team approach is segmented into two tasks, which frequently overtap. Either the field inspector or the support personnel will complete the various tasks that will be required on this project. These two general segments of the team have been detailed below under two categories: Project Support Activities and Direct Field Inspection Activities. Proiect Support Activities 1. CSI will review and comment on the existing technical coating specification. CSI will also review and comment on any coating material submittals. 2. CSI will participate in project start-up meetings, weekly job meetings, and any special interest meetings as required to discuss procedures, progress, problems, or outstanding issues. CSI will complete agendas, notes, and minutes for all meetings and distribute accordingly, as required. 3. CSI will maintain all applicable coating correspondence, reports, job conferences, November 6, 2011 SERVICES Proposal 1148R- Professional Inspection Services DI and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) City of Carlsbad, CA Page 4 we will monitor and report on these activities, the ultimate responsibility for safety will in no means or measure be the responsibility of CSI. Verifications ofthe contractor's compliance with the specifications will be accomplished by performing the following tasks as necessary, with the appropriate calibrated instruments for each: a. Condition Of Surfaces Prior To Preparation - The CSI inspector will inspect the surfaces to be prepared to assure that grease and oil have been removed, and sharp edges are removed as specified. NACE Standard RP0178 will be used as acceptance criteria where areas are of concern. b. Compressed Air Cleanliness - The CSI inspector will check the air quality when production includes abrasive blast cleaning or substrate blow-down procedures. This will be accomplished in accordance ASTM D4285. c. Ambient Conditions - The CSI inspector will monitor ambient conditions in accordance with ASTM E337 to assure that final blast cleaning and coating application operations are not completed outside the specified requirements. d. Surface Preparation - The CSI inspector will examine the abrasive and equipment used for surface preparation for adequacy to do the work, as specified. Equipment pressures will be monitored. The inspector will verify proper storage and size of abrasives, and that the proper degree of cleaning and surface profile or scarification is achieved. e. Coating Preparation and Mixing - The CSI inspector will observe the mixing of coatings to assure that all components are added and proportioned correctly and that any induction times are maintained. The inspector will verify that any materials used are approved and that they are not used when the pot or shelf lives have been exceeded. f. Coating Application - The CSI inspector will examine the application equipment for cleanliness and adequacy to do the work. The inspector will observe application techniques to assure proper coverage without detrimental runs, pinholes, or other visually evident deficiencies. The inspector will make spot checks of the wet film thickness in accordance with ASTM D4414 so that adjustments to the amount of material being applied can be made at the time of application to minimize the amount of rework after the coating has dried. g. Dry Film Thickness - The CSI inspector will measure the dry film thickness of each coat to assure that it complies with the specification requirements and manufacturers' instructions. Film thickness will be monitored using a Type II film gage in accordance with ASTM D1186, SSPC-PA2, or as required (i.e. every lOOSqFt). h. Holiday Detection - CSI will provide holiday detection equipment and perform 100 percent holiday detection in accordance with NACE International's "Recommended November 6, 2011 SERVICES Proposal 1148R- Professional Inspection Services DI and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) City of Carlsbad, CA Page 5 Practice for Discontinuity (Holiday) Testing of Protective Coatings," (RP 0188-99), AWWA D102, and the specified requirements. i. Cure Evaluation - The CSI inspectorwill evaluate the final cure ofthe applied lining in accordance with the Manufacturer's recommended procedures, and or ASTM D5402, as required. j. Final Inspection - The CSI inspector will perform a final inspection to evaluate the Contractor's final product. This will verify that the final visual appearance (SSPC PAI), dry film thickness readings, holiday detection, cure testing, and so forth meet the project requirements. In-Process Inspection Documentation 1. CSI will complete a preconstruction video taping of the project site for use in documenting the actions on the project and will video tape any other items deemed worthy of this additional documentation. 2. The CSI inspectorwill use a daily journal, daily reports, and an in-process punch list to clearty document and flow-chart the coating operations and occurrences to verify compliance with Contract documents. At a minimum, the verifications noted above will be recorded. Daily inspection reports will be digital and include captioned photographs, where applicable. Reports can be sent electronically throughout the project November 6, 2011 SERVICES Proposal 1148R- Professional Inspection Services DI and D2 Steel Water Tanks Interior and Exterior and Miscellaneous Repairs (City Project No. 5024) City of Carlsbad, CA Page 6 Fee Schedule CSI Services, Inc. (CSI) proposes to provide a fulltime coating inspector on a time and matenals basis in accordance with our standard terms and conditions. Our fees follow: Rates Straight Time (half day minimum) $ 65.00/hour* Overtime $ 89.75/hour Expenses An expense fee of $45.00 per inspection day will be charged. Estimated Cost We are not aware of a contractor's coating schedule, but our experience with projects of this size and nature indicate that not more than 20 weeks of inspection should be required for the project. On this basis, we estimate that the total cost of inspection should not exceed (NTE) $56,500.00. Of course, the project may require more or less time depending upon their production rates. CSI will only invoice for the actual time worked. * fee includes all administrative and project manager time required to support normal activities, as detailed in scope of services. November 6, 2011 SERVICES Certifications NACE International Certified Coatings Inspector Certificate #1693 1^. m m tuct. Safety Certifications • Fall Protection • H2S Entry • CPR/FirstAid • Confined Space • Respiratory Protection • Lead-Abatement Training NACE International's Coatings and Linings Course - Joint IViilitary Conference Oxnard, CA SSPC C-2 "Specifying and Managing Protective Coatings Projects" Professional Affiliations SSPC: The Society of Protective Coatings NACE International American Waterworks Association Patrick Roebuck Inspector Mr. Roebuck has over 16 years of industrial coating inspection experience. Prior to becoming an inspector, he worked as an industrial abrasive blaster and painter. He has been involved in coatings work on reservoirs, tanks, vessels, bridges, and numerous structures for various utilities, agencies, and owners. Mr. Roebuck's experience as a coating inspector includes work with inorganic zincs, epoxies, coal tar enamels, coat-tar cut- back's, vinyls, urethanes, alkyds, acrylics, moisture cure urethanes (MCU), vinyl esters, baked phenolics, polyethylene membranes, PVC linings, and numerous other generic types of coatings types that include 100% solids by volume thick film materials. His experience includes surface preparation techniques that include powertool cleaning, abrasive blasting, hydroblasting, and acid etching in both shop and field operations on substrates that include steel, concrete, aluminum, masonry, and others. This experience includes application operations involving airless, conventional, plural component, and electrostatic spray equipment. Mr. Roebuck also has extensive experience with coating inspection instrumentation including pull-off adhesion testers, ultrasonic gages, moisture meters, holiday detectors, hardness gages, continuity meters, and other instrumentation. He is intimately familiar with numerous NACE, SSPC, and ASTM standard test practices. A partial listing of various coating and lining projects successfully completed follow: La Puente Valley Water District - 4IVIG Water Reservoir City of Fullerton - Three Water Storage Tanks City of Hayward - Three Water Storage Tanks Irvine Ranch Water District -15 IVlillion Gallon Water Tank City of San Diego - Three Water Storage Tanks Orange County Sanitation District - Twenty Manholes So. Cal. Edison, Big Creek Penstock Rehabilitation Project Eastern Municipal Water District - 7 Waters Tanks& WTP Expansion Four Corners Pipeline Co. - Berth 121 Port Crane Indian Health Services - Tucson, AZ Elevated Water Tank So. Cal. Edison, Mojave Cogen. Plant - Cooling Water Lines Underground Storage Tanks, Naval Air Station, NI Disneyland - Various Attraction Rehabilitations NASA Space Shuttle Structure Port of Portland, OR - Four Cargo Cranes Launch Silo Doors, Vandenberg AFB Los Angeles County Sanitation District- Various Structures City of Covina - Three Water Storage Tanks Mobil Oil Co. Bakersfield - Various Tanks and Piping City of Vista - Ten Manholes Ust of additional projects available upon request Corporate Office • P.O. Box 801357 Santa Clarita California 91380 • 877.274.2422 Hawaiian Office: 95-2040 Waikalani PI., E402 Mililani, HI 96789 Northern California Office • P.O. Box 371, Sonoma, California 95476 http://www.CSIServices.biz SERVICES Patrick Sweeney, PCS Currlcular Vitae psweeney@.CSIServices.biz Patnck Sweeney is General Manager of CSI Services, Inc. (CSI), a consulting engineenng firm with specific expertise in protective coatings and linings. Serving a host of industries around the country - from water and wastewater to petrochemical, power, and transportation - CSI's long-standing commitment to efficient, cost-effective, quality service has positioned the company as one ofthe most respected and sought-after firms in the field. The company's comprehensive approach to its independent, third-party services is tailored specifically to each client's needs, based on the industry and specifications. CSI routinely provides facility surveys, specification development, bid phase support, in- process construction inspection, failure analysis, expert witness, and underwater inspections. Education 1990 - Bachelor of Science Degree, California State University at Los Angeles 1994 - NACE International Coatings Inspector Training Program 1995 - SSPC: The Society of Protective Coatings C-3 Course "Supervisor for Deleading of Industrial Structures." 2000 - SSPC: The Society of Protective Coatings C-2 Course "Specifying and Managing Protective Coatings Projects." 2001 - Federal Highway Administration/Federal Highway Institute Course No. 13709 "Bridge Coatings Inspection" 2003 - SSPC: The Society of Protective Coatings C-1 Course "Fundamentals of Coating on Industrial Structures." 2004 - SSPC: The Society of Protective Coatings C-7 Course "Fundamentals of Dry Abrasive Blast Cleaning." 2008 - SSPC: The Society of Protective Coatings Protective Coating Inspector Program Numerous courses and seminars covering: Corrosion, Coatings, Inspection, and Safety. Corporate Office • P.O. Box 801357 Santa Clarita California 91380 • 877.274.2422 Hawaiian Office • 95-2040 Waikalani PI., E402 Mililani, HI 96789 Northern California Office • P.O. Box 371, Sonoma, CA 95476 http://www.CSIServices.biz SERVICES Patrick Sweeney - Curricular Vitae Page 2 of 5 Association Memberships American Concrete Institute American Water Works Association - California/Nevada Section Secretary - Tank, Reservoirs, and Structures Maintenance Committee Vice-Chairman - Corrosion Control Committee California Rural Water Association California Water Environment Association International Code Council (formerly International Conference of Building Officials) NACE International (formerly National Association of Corrosion Engineers) Past Channel Islands Section Trustee SSPC: The Society for Protective Coatings (formerly steel structures Painting Council) Chairman - Southern California/Southern Nevada Chapter (2003 to present) Member - Individual Certification Task Group (ICTG) Certifications SSPC - Certified Protective Coatings Specialist Certificate #887-792-1267 NACE International -Certified Coatings Inspector Certificate #4324 jj^ SSPC - Certified Protective Coatings Inspector #21886 QSPC^^ Instructor for SSPC's C-1 "Fundamentals of Coating on Industrial Structures" Instructor for SSPC's C-2 "Specifying and Managing Protective Coatings Projects" SSPC-C-3 Certified Supervisor for Deleading of Industrial Structures ICBO/ICC Certified Spray Applied Fireproofing Special Inspector (41410052165) Federal Highway Administration/Federal Highway Institute - Certified Instructor "Bridge Coatings Inspection" (Course No. 13709). Certified Linabond Structure and Pipeline Copolymer Inspector •/Opoiyr Certified ACI Concrete Field Technician Certified Ameron T-Lock Welder and Inspector Certified PADI Scuba Diver (8912237760) PADI SERVICES Patrick Sweeney - Curricular Vitae Page 3 of 5 Professional Experience Beginning in 1990, Mr. Sweeney has completed projects in virtually every type of industry. A partial listing of professional accomplishments follows: Golden Gate Bridge Highway and Transportation District Project Manager for both the shop and field coating inspection for the Bridge's $350,000,000 Seismic Retrofit and Repainting of the North Approach Viaduct Project. The 3-year project involved a zinc- rich primer/acrylic coating system. Castaic Lake Water Agency Inspector and/or Project Manager during the construction or maintenance of over 50 different steel water storage tank projects. These assignments included the development of a tank maintenance plan following both dry and underwater surveys (over 100 dive inspections), work prioritization, budgeting, specification development, and in-process inspection services. Tank capacities have ranged from 100,000 gallons to 4MG and involved various epoxy, coal enamel, and urethane systems. Projects have also included various 102" pipeline lining evaluation and inspection projects. The pipeline projects involved cement mortar and polyurea lining systems. Disneyland Themepark Inspector and/or Project Manager during the corrosion mitigation and maintenance of various attractions within the park. Projects included work on Splash Mountain, Matterhorn, CA Screaming, Fantasmic Experience, and Pirates of the Caribbean. Systems involved epoxies, urethanes, acrylics, and moisture- cured urethanes. Los Angeles County Sanitation Districts Project Manager for 3-year assignment at the Joint Water Pollution Control Plant's Secondary Treatment Facilities, Stages 1 and 2 Project. This assignment involved the resurfacing and relining of the interior of numerous concrete reactor clarifiers. This project involved the application of 100 percent solids polyurethane products. Since 1991 Mr. Sweeney has tested or supervised the testing for the installation certification of over 3,000,000 square feet of polyvinyl chloride (PVC) linings and 250,000 linear feet of PVC weld strip to various structures, manholes, and outfalls. Outfalls have ranged from 48" diameter RCP to 12 foot reinforced concrete tunnels. Southern California Alliance of Publicly Owned Treatment Works (SCAP) Project Manager and Field Technician during the $200,000 two year (2001-2002) coating and lining evaluation program for SCAP, which involved testing low VOC materials on both concrete and steel substrates in atmospheric, gas vapor, and immersion environments in both field and laboratory conditions. SCAP is comprised of an alliance of 35 water and wastewater facility owners throughout Southern California. Systems included virtually every type of coating system typically used in water and wastewater environments. SERVICES Patrick Sweeney - Curricular Vitae Page 4 of 5 San Diego Padre Baseball Stadium Technician and Project Manager for coatings failure analysis of the steel superstructure of the new San Diego Padre Baseball Stadium (PETCO Park). The project involved the analysis of failed coatings, recommendations for maintenance repair activities, and inspection ofthe recoating. Eastern Municipal Water District Inspector and/or Project Manager during the construction or maintenance of 54 steel water storage tanks. Tank capacities ranged from 500,000 gallons to 8.9 MG. Systems included coal-tar enamel, inorganic zinc rich, epoxies, and urethanes. U.S. Department of Defense Technician and Project Manager during the corrosion and lining evaluations for the Title 23 recertification of over 100 steel, concrete, and plastic storage tanks located throughout numerous military installations. Valencia Water Company Inspector and/or Project Manager during the construction or maintenance of 27 different steel and concrete water storage tank projects. These assignments included the development of a tank maintenance plan following both dry and underwater surveys (over 50 dive Inspections), work prioritization, budgeting, specification development, and in-process inspection services. Tank capacities have ranged from IMG to 5MG, and systems included coal-tar enamel, zinc-rich, epoxies, and urethanes. Southern California Edison Project manager during the evaluation and inspection of the repainting of multiple steel penstocks throughout the environmentally sensitive and complex Big Creek Hydroelectric Project, which involved numerous hydroelectric powerhouse and vertical penstocks. National Aeronautical Space Administration (NASA) Inspector and Project Manager during the coating of three large portable purge units for the space shuttle program. The coating installed was an inorganic zinc-rich, epoxy, and urethane system. U.S Navy. San Diego. CA Technician and Project Manager for the 2002 coatings failure analysis and relining of potable water storage tanks on the USS Dubuque, USS Lake Champlain, US Bendfold, and USS John Paul Jones. Mr. Sweeney also acted as Project Manager during the 1998 - 2001 Navy Preservation Team Maintenance Painting Program for various aircraft carriers, ships, submarines, and other vessels. Grant County Public Utility District No. 2 Coating Technician and Project Manager during the coating evaluation of the Priest Rapids and Wanapum hydroelectric dams on the Columbia River, Washington. The evaluation included over 2000 components, which became the centerpiece for the maintenance of all facility areas from draft tubs to spillway gates. City of Yuma. AZ Project Manager during the evaluation, coating testing, and development of a maintenance recoating specification for the City's historically landmarked Old Yuma City Bridge. SERVICES Patrick Sweeney - Curricular Vitae Page 5 of 5 City of San Diego Project Manager for the lead-abatement and repainting of the First Street Bridge, a historic span superstructure and Project Manager during the maintenance coating of numerous steel and concrete water storage reservoirs. Mr. Sweeney also provided expert witness on a failed lining in a 60-inch diameter trunk sewer pipeline operated by the City's Wastewater Department. US Department of Energy Project Manger during the maintenance of five different steel storage tanks located at the Nevada Test Site (Yucca Mountain & Areas 12, 24, 15, and 18). Mercury, NV. The project involved the corrosion evaluation, professional certification, and recoating of each tank. Jet Propulsion Laboratory Project Manager for the maintenance of seven different steel water storage tanks located at the Deep Space Satellite Facility, Goldstone Facility. This project included both dry and underwater surveys, work prioritization, budgeting, specification development, and in-process inspection services. Mr. Sweeney has completed numerous assignments Involving coating failure analysis or expert witness services. A partial listing of these assignments follows: City and County of Honolulu Investigation of the failed lining of the Ko Olina Interceptor and the preparation of recommendations for the repair of severely corroded surfaces and the rehabilitation ofthe failed liner. Ameron Linings vs City of Phoenix - $12 million litigation involved the investigation of the failed lining in over 10,000 linear feet of the Salt River Outfall wastewater pipeline owned and operated by the City of Phoenix, AZ. The case was ultimately settled to the benefit of CSI's client. PCL vs City of San Dlego - Litigation involving the investigation of the failed lining in the Rose Canyon Outfall wastewater pipeline owned and operated by the City of San Diego, CA. The case was ultimately settled to the benefit of CSI's client. Southern Nevada Water Authority - Expert opinion on the quality and conditions of polyvinyl chloride (PVC) welds and liner plate installed in the sodium hypochlorite and brine tanks located at Authority's River Mountain Water treatment Facility. Trona Train Lines Project Manager during the investigation of the failed coatings on over 500 railcars. This evaluation was used as the basis for the mediation between the owner, various coating suppliers, and contractors. Other Activities and Personal Information - Very happily married to Rebecca with two sons, Cameron and Wyatt - Over 28 years of competitive men's league softball experience - Managed or coached over 19 youth baseball or soccer teams SERVICES P. O. 80x801357 Santa Clarita, CA 91380 Toll Free: 877.274.2422 Fax: 661.775.7628 www.CSIServices.biz Providing Quality Technical Services to the Coating Industry Reference List The following is a partial list of references for the quality of work that the staff of CSI provides: 1. Eastern Municipal Water District P. O. 8300, Perris, CA 92572 Mr. Chuck Daniel, Phone: 951.928.3777, x4833 The staff of CSI has provided evaluation and inspection services on over 60 welded steel water storage tank projects. Hower Consulting Group, Inc. 9668 Deer Trail Drive San Diego, CA 92127 Ms. Sharlene Hower, P.E., Phone: 619.571.8056 The staff of CSI has provided corrosion and coatings evaluations on over 100 storage tanks located within the Naval Base, San Diego; North Island Naval Air Station; Point Loma Submarine Base, and Naval Air Weapons Station, China Lake. Santa Clarita Water (a division of Castaic Lake Water Agency) 22722 W. Soledad Canyon Road, Saugus, CA 91350 Mr. Bob McDougal, Operations Manager, Phone: 661.259.2737 The staff of CSI has provided evaluation and inspection services on over 62 welded steel water storage tank projects. Work has also included the development of technical specifications. Valencia Water Company 24631 Avenue Rockefeller Valencia, CA 91355 Mr. Keith Abercrombie, General Manager, Phone: 661.295.6512 The staff of CSI has provided evaluation and inspection services on over 35 welded steel water storage tank projects. Work has also included the development of technical specifications. 5. Albert Webb and Associates Albert A. Webb Associates 3788 McCray Street, Riverside, CA 92506 Mr. David Algranti, P.E., Phone: 951.686.1070 The staff of CSI has provided evaluation and inspection services on over 42 welded steel water storage tank projects. Work has also included the development of technical specifications. Hawaiian Office: 95-2040 Waikalani Pi., E402 llfliiiiani, HI 96789 Nortfiern Caiifornia Office: PO Box 371, Sonoma, CA 95476 Coating Specialists and Inspection Services, Inc. Consulting Evaluations Tank Diving Inspection a: o o \ O > in < U u cd o o (J u S3 CO IT) a I u PH CD O C3 C o •2 t;