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`� STAFF REPORT
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Public Works Services Department
DATE: September 16, 2014
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
Dave McVey, General Services Superintendent
By: Maria Lourdes A. Taylor, Senior Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH SUNWEST
ENGINEERING CONSTRUCTORS, INC. FOR THE CITY'S FLEET FUEL
MANAGEMENT AND EXTRAORDINARY REPAIR SERVICES IN AN
AMOUNT NOT TO EXCEED $21,506.85
Recommendation: Approve
SUMMARY
In order to comply with the mandates set by local, state, and federal agencies for
owning and operating fuel storage and dispensing facilities, the Public Works Services
Department solicits services from state - certified companies to perform monthly and
annual operating inspections of the facilities, testing, permitting, and to perform as-
needed repairs to the City's underground and aboveground fuel tanks. The Public
Works Services Department recently solicited proposals for a Professional Services
Agreement for these services and received three proposals.
Based on the evaluated proposals, it is recommended that the City Council authorize
and direct the City Manager to execute a Professional Services Agreement with
SunWest Engineering Constructors, Inc. for the City's fleet fuel management and
extraordinary repair services in an amount not to exceed $21,506.85.
BACKGROUND
The Public Works Services Department is responsible for the purchase of bulk fuels
(unleaded and diesel) that are delivered and stored at its seven underground and
aboveground fuel tank sites, which hold a total of 38,000 gallons of fuel. These fuel
tank sites are located at Fire Stations 105, 106, and 107; the Police Facility; and the
Public Works Services Department. As fuel are stored and dispensed at these sites,
the City must comply with regulations mandated by Los Angeles County Environmental
Division, the South Coast Air Quality Management District (AQMD), and federal
environmental regulations. These mandates were established to ensure effective
Agreement for Fuel Management and Extraordinary Repair
September 16, 2014
Page 2 of 3
operation of the fuel tanks, and to protect the public and the environment from the
potential release of vapor and other contaminants in the air, soil and groundwater during
the transfer and dispensing of gasoline at City facilities.
To comply, the City must conduct monthly testing and annual permitting, inspections
and certifications to all its underground and aboveground storage tanks including
extraordinary service repairs to the fuel tank facilities. Extraordinary service repairs
could include equipment servicing of fuel dispensers and fuel pumps; pumping water
out of a fuel tank; piping repairs from tank to tank; and line pressure testing and
painting. Additionally, these services must be performed by a state - certified and
licensed contractor.
DISCUSSION
Request for Proposals were sent to various companies in the field of fuel management
support services and a Notice Requesting Proposals was published in the City's local
adjudicated newspaper. Three proposals were received and evaluated based on their
experience and qualifications, understanding of the needs of the City pertaining to this
service, proposed approach or project plan, and cost. The result of the evaluation with
each company's ranking and associated cost are listed below:
RANK COMPANY LOCATION COST
1 SunWest Engineering Constructors, Inc. Chino, CA $21,856.85*
2 Fuel Sery Ontario, CA $31,720.00
3 Petroleum Tank Testing Quartz Hill, CA $21,534.00
*Reduced contract cost to $21,506.85 after negotiation
After careful review and consideration, it was determined that SunWest Engineering
Constructors, Inc. is the most qualified company to perform this service. Staff
negotiated with SunWest Engineering Constructors, Inc. to reduce its contract cost to
$21,506.85 without affecting the scope of service. SunWest Engineering Constructors,
Inc. has been providing repair, maintenance, and inspection services to fueling system
owners for almost 20 years. They have extensive experience with fueling system
components, system design, installation, maintenance and operation, and regulatory
compliance and reporting. They have successfully served clients in the industrial sector,
commercial industry, as well as municipalities. Some of their current clients include
Verizon Services Organization, Southern California Edison, and Los Angeles County
Department of Public Works.
FISCAL IMPACT
The agreement would have a limit of $21,506.85 for the expected services. Sufficient
funds are appropriated in the Fiscal Year 2014 -15 Operating Budget from each
Department's budget for fuel management and extraordinary repair services.
Agreement for Fuel Management and Extraordinary Repair
September 16, 2014
Page 3 of 3
RECOMMENDATION
It is recommended that the City Council authorize and direct the City Manager to
execute a Professional Services Agreement with SunWest Engineering Constructors,
Inc. for the City's fleet fuel management and extraordinary repair services in an amount
not to exceed $21,506.85.
Approved.
Dominic Lazza
City Manager
Attachment: Professional Services Agreement — SunWest Engineering Constructors,
Inc.
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
FUEL MANAGEMENT & EXTRAORDINARY REPAIRS
1. PARTIES AND DATE.
This Agreement is made and entered into this day of
2014 by and between the City of Arcadia, a charter city organized under the
Constitution and laws of the State of California with its principal place of business at 240
West Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and SunWest
Engineering Constructors, Inc., a California Corporation, with its principal place of
business at 4780 Cheyenne Way, Chino, California, 91710 ( "Consultant'). City and
Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing fuel
management and extraordinary repair services to public clients, is licensed in the State
of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Fuel
Management & Extraordinary Repair Services Project ( "Project ") as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply professional fuel management
and extraordinary repair services necessary for the Project ( "Services "). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
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3.1.2 Term. The term of this Agreement shall be one -year from date of
execution, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to; social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows. Pamela E. Lawrence, President.
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3.2.5 City's Representative. The City hereby designates Tom Tait,
Public Works Services Director, or his or her designee, to act as its representative for
the performance of this Agreement ("City's Representative "). City's Representative
shall have the power to act on behalf of the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.6 _Consultant's Representative. Consultant hereby designates
Pamela E. Lawrence, President, or his or her designee, to act as its representative for
the performance of this Agreement ( "Consultant's Representative "). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise
and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub -
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
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directors, officers, and employees free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its directors, officials, officers and
employees, from any liability, damages or causes of action arising out of or relating to
any claims that Consultant's employees, or the employees of any subcontractor hired by
Consultant, are not authorized to work in the United States for Consultant or its
subcontractor and /or any other claims based upon alleged IRCA violations committed
by Consultant or Consultant's subcontractor(s).
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer's consent to naming City, its directors, officials, officers, and
employees as an additional insured with proof of certificate of insurance that they are an
additional insured. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broadform property damage, explosion, collapse,
and underground, products and completed operations; (2) Automobile Liability:
Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
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The City, its directors, officials, officers, and employees shall be listed as additional
insured. Any deductibles or self - insured retentions must be declared to and approved
by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of ! nsurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
limit of $1,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability. Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease,
3.2.10.3 Professional Liabilit . Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of three
(3) years following completion of the Project, errors and omissions liability insurance
appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, and employees shall
be covered as additional insured with respect to liability arising out of Services
operations and for completed operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2)
the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage, Any insurance or
self - insurance maintained by the City, its directors, officials, officers, employees and
volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(B) Automobile Liabilit . The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, and
employees shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or
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self - insurance maintained by the City, its directors, officials, officers, and employees
shall be excess of the Consultant's insurance and shall not be culled upon to contribute
with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, and employees for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested of cancellation, of intended non- renewal or endorsement reduction in limit or
scope of coverage; provided, however, that in the event of cancellation due solely to
non - payment of premium, ten (10) days notice of cancellation for non - payment of
premium may instead be given to the City.; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, and employees.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, and employees.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self- insured retentions as respects the City, its
directors, officials, officers, and employees; or (2) the Consultant shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VII, admitted or approved
to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. Copies of all certificates and endorsements
must be received and approved by the City before work commences_ The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
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3.2.10.9 Sa_ fety. Consultant shall execute and maintain its
work so as to avoid injury or damage to any person or property. in carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance
coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3,3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed TWENTY -
ONE THOUSAND, FIVE HUNDRED SIX DOLLARS AND EIGHTY -FIVE CENTS,
($21,506.85) without written approval of the City Manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
shall, within forty -five (45) days of receiving such statement, review the statement and
pay all approved charges thereon,
33.3 Reimbursement for Expenses, Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Worm. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
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execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall 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.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
A termination without cause by City shall not act as or be deemed a waiver of any
potential known or unknown City claims associated with Consultant's performance prior
to the date of termination.
3.5.1.2 Effect of Termination, If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.13 Additional Services. in the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Deliver of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
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Consultant:
City:
SunWest Engineering Constructors, Inc.
4780 Cheyenne Way
Chino, CA 91710
Attn. Pamela E. Lawrence, President
City of Arcadia
240 West Huntington drive
Arcadia, CA 91007
Attn: Dave McVey, General Services Superintendent
Such notice shall be deemed made when personally delivered or when mailed, forty -
eight (48) hours after deposit in the U.S, Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentialit _ Except as otherwise required by
California law, all ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials
shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or
the Project. Nothing furnished to Consultant which is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
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confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the
prior written consent of City.
3.5.4 Cooperation; f=urther Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, and employees free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any alleged acts, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages and attorney's fees and other related costs and expenses. Notwithstanding
the foregoing, to the extent Consultant's Services are subject to Civil Code Section
2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant shall defend with
Legal Counsel of City's choosing, at Consultant's own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials, officers, and employees.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, and employees, in any such suit, action or
other legal proceeding arising from Consultant's performance of the Services, the
Project or this Agreement, except to the extent that liability is caused by the active
negligence or willful misconduct by the City or its directors, officials, officers, and
employees. Consultant shall reimburse City and its directors, officials, officers, and
employees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
the City, its directors, officials, officers, and employees, and shall take effect
immediately upon execution of this Agreement.
3.5.5.2 The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
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3.5.£ Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorneys' fees and all other costs of such
action.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction References, Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
and employees except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
Revised 4413
11
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severabiliit, If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non - discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with ali relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self - insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party_
Revised 0413
12
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein
are hereby incorporated into this Agreement by this reference.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
In witness whereof the Parties have executed this Professional Services
Agreement on the date set forth below,
CITY OF ARCADIA
By
Dominic Lazzaretto
City Manager
Date:
I►_u0ml
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Revised W13
13
SUNWEST ENGINEERING
CONSTRUCTORS, INC.
By
Signature
Print Name and Title
Date:
By
Signature
Print Name and Title
Date:
CONCUR:
Tom Tait
Public Works Services Director
Exhibit "A"
SCOPE OF SERVICES
Project Execution Plan
The following describes, in detail; those services as required to meet the requirements of this Agreement.
All assigned personnel must meet or exceed the training and qualifications requirements of each task.
Each field employee of SunWest is required to wear company - issued uniform shirts with company logo.
Each employee is issued a SunWest identification badge and is required to wear these badges in plain view
at all times.
INSPECTIONS AND TESTING:
1. Designated Operator Inspections:
SunWest will perform Designated Operator (DO) inspections at all UST's located at the facilities as
presented in the tank list provided by the City. DO inspections will comply with regulatory requirements
of CCR Title 23, Div. 3, Ch. 16, § 2715 as well as SCAQMD Rule 461, CCR Title 17, Part III Ch. 1 Sec8 and
Section 41960.2 of the CA Health and Safety Code. Inspections will be modified according to facility type
and operations. SunWest will perform the following:
a.) SunWest will maintain an internal database as a repository for all historical and updated
inspection results and documentation.
b.) SunWest currently maintains in -house health and safety programs to prevent accident
and injury at UST facilities. These programs will be reviewed and updated to reflect
necessary changes to comply with this Agreement's requirements and /or facilities.
C.) SunWest will maintain compliance with certification requirements of Designated
Operators, and equipment manufacturers and will provide updated certificates to the City
of Arcadia (COA) on an ongoing basis.
e.) SunWest will provide and maintain training requirements for all COA personnel in
accordance with regulatory requirements.
f.) SunWest will schedule and perform inspections during normal business hours in
accordance with COA's facilities and /or other stipulated requirements.
Facility, Set U :
a.) Utilizing in -house proprietary software, SunWest will establish individual facility profiles
which provide contact information, addresses, facility hours, installed equipment data,
and site - specific detailed directions and information for field technicians.
b.) Each facility will have a Project set up which establishes the dates of individual tasks to be
performed. This project set up will auto - generate recurring event work tickets a minimum
of 4 weeks in advance. This process insures that no inspections or facilities are
overlooked.
C.) Each facility will be plotted in an electronic mapping program for geographical scheduling
purposes. Once entered into this program, each facility's location as it relates to other
SunWest client locations will allow economical and efficient technician scheduling and
routing.
d.) Copies of relative permits may be requested for retention in SunWest's repository
database where applicable. Storage of these permits allows field personnel to
replace any missing documents in the on -site files if needed. In addition, should COA
need wide distribution of any documents to specific facilities; this program provides
an excellent means for this purpose.
Monthly Designated Operator Inspection:
In the course of conducting monthly inspections, SunWest will perform the following tasks as
appropriate to the fuel system type:
• Review alarm history, leak test results and /or any alarm log records for the previous month
• Verify that each alarm condition was documented and responded to appropriately.
• Physically inspect and if necessary, correct any alarm condition for which a response record
cannot be located
• Print a copy of the tank gauge report and any alarm response documentation and attach to
the monthly inspection report.
• Inspect spill containers for product, water or debris and remove if present.
• Inspect containment sumps in any event where alarm response records cannot be located
and verify the proper position of sensors and correct any condition causing alarm.
• Containment sumps will be opened during monthly inspections only for purposes of
removing liquids and debris as needed.
• Verify that all required permitting, testing and maintenance documentation is present and
current.
• Inspect man -way gasket integrity and replace if necessary upon approval by COA.
• Should man -way cover removal be required SunWest will provide manufacturer - specified
tools required to lift the man way to prevent damage. All debris, water and fluids will be
removed.
• Should COA so direct, minor repairs which can be completed within 30 minutes will be
completed.
• SunWest will obtain prior approval of any repairs or services beyond the scope of this project.
• Any removed debris, water or fluids will be drummed, labeled, and placed in the appropriate
designated area at the facility after notification and receipt of log data from COA or disposed
in an appropriate manner. SunWest will provide waste containers.
• Man -way lids will be torqued down according to manufacturer's specifications.
• Man -way lids will be resealed with Parasealant 626 upon replacement.
• SunWest will insure a minimum of twenty four (24) months reports of all monthly inspections
conducted at all COA facilities are maintained on site. Copies of all reports generated during
this program will be placed on -site as per regulatory mandate, in the designated file location.
Any Designated Operator report copies in excess of thirty -six (36) months will be cleared. All
other documents, reports, repair records, etc. will remain on site until authorized for
clearance by the contract administrator.
A -1
• SunWest will report any NFPA signage which is illegible in accordance with state requirements.
• SunWest will report needed tank gauge monitor paper supplies and printer cartridges at each
site as necessary.
• All report copies will be maintained in SunWest's secure Fueltrac system for access by COA
personnel and regulators where necessary.
• SunWest will publish "findings" reports on a monthly basis or more frequently as necessary to
report compliance or paperwork deficiencies. Information for this report will be drawn directly
from field technician's notes reported from the field.
• SunWest will distribute COA- published compliance paperwork as provided and insure on -site
posting of such paperwork within 30 days of receipt.
2. Annual Inspections
SunWest will conduct annual tank system inspections in accordance with applicable state regulations
and manufacturer's recommendations. SunWest's standard practice for these inspections is as follows:
• Provide regulatory required pre- notice to agencies and coordinate schedule to insure
anniversary date is not exceeded
• Remove all man -way lids to inspect for debris, water or liquid
• Remove, drum and label any hazardous liquids found in sumps or spill containment for disposal
by others.
• Remove and test each sensor associated with the monitoring panel in gasoline (or diesel if
required by local agency)
• Clean and replace each sensor removed
• Replace missing or burned out monitoring panel bulbs.
• Reset alarm conditions created during annual inspection activities
• Clean spill bucket, and containment sump, drum any hazardous materials, label for disposal by
others
• Notify COA of any waste pending disposal and obtain requisite report reference to be recorded
on inspection report
• Replace any missing compliance paperwork
• Inspect and replace any damaged or deteriorated man -way gaskets (with COA approval)
• Add or remove brine or water from interstitial space to clear alarms (where allowed by
regulation), where applicable.
• Make minor repairs which can be conducted within 30 minutes or as approved by COA.
• Torque down man -way lids
• Inspection forms will be in accordance with applicable regulatory agencies or in the absence of
agency specific forms, will meet the minimum requirements of the California State Water
Resource Board requirements.
• A copy of all inspection forms will be left on -site with a copy of the corresponding tank gauge
report documenting the event.
• A copy of all inspection forms will be maintained in SunWest's Fueltrac system
A -1
• Copies of all site - specific paperwork will be available through Sun West's Fueltrac system
• SunWest personnel will be appropriately certified and trained to trouble shoot, program and
perform minor repairs on Veeder Root tank gauge systems.
• Update /upload information to State Water Resources Board CFRS Program
3. Traininiz of Designated Facility Operator Personnel
• SunWest will train COA- selected facility employees in the proper operation and maintenance
of underground fuel systems in accordance with COA, federal and local regulation. This
training will also include a review of the site - specific monitoring response plan where such
document exists.
• SunWest will develop and monitor expiring operator training for COA staff, providing 90, 60,
and 30 day notifications to the personnel of upcoming expiration dates.
• Training roster copies will be placed on site, submitted to COA's environmental contact, and
maintained in SunWest's Fueltrac system.
• SunWest will maintain and update annual Owners Statements to regulatory agencies as
required to document approved Designated Operators.
• SunWest will work to design and develop a live, instructor -led course that focuses on
increased learner engagement and improved overall session impact. SunWest will incorporate
activities and /or demonstrations that maximize interactivity and learner involvement to bring
the content to life and reinforce the importance of following established protocols and
maintaining regulatory standards. The workshop will be designed to be delivered in a single
session not to exceed 1.5 hours. Given participants' range of experience, questions and
dialogue will engage the more tenured participants by allowing them to share their
understanding and experiences without making the content -level too advanced for less
experienced participants. Critical information such as inspection procedures, proper
completion of reporting documentation and incident response is more powerful when
presented via demonstrations and activities. Pre- and post - session knowledge checks can be
introduced to both demonstrate the efficacy and impact of the training and help to identify
where additional training might be needed in a specific learners situation.
4. Inspection of Dispenser Equipment
• Visual inspection of dispenser equipment will be conducted during each Designated Operator
inspection. This inspection meets or exceeds the requirements set forth by applicable
regulations and RFP requirements.
• A GDF Inspection form as, as presented in "Appendix A" will be completed each month with a
copy left on site.
5. Tank Line IntegritV Testing
It does not appear that COA facilities require this testing, however, SunWest will subcontract
this third -party assessment testing to licensed tank testing companies should it be required.
A -1
6. Secondary Containment Testing
• Prior notice to agency will be submitted as required.
• Facility arrival will be communicated to designated facility contact
• Health & Safety Plans and confined space entry protocols will be observed
• Setup traffic barriers, don personal — protective equipment, observe lock -out /tag out
procedures, take note of fuel shutoff valves and pump electrical disconnects as necessary to
ensure safety during tank system inspection and testing
• Service technicians will hold current training certification as evidenced by a certificate of
training issued by the manufacturer(s) of the underground storage tank system components
• Service technicians will possess a current certificate from the International Code Council (ICC)
for the work being performed in accordance with state regulations.
• Test equipment will meet manufacture or industry standards for construction, size,
resolution, be confirmed operational, and calibrated as required
• Tests will be performed in accordance with manufacturer's guidelines or standards. For
equipment with no manufacturer guidelines, an industry code or engineering standard will be
utilized
• Results will be uploaded to SWRCB's CERS program as necessary.
• Results will be submitted to local agency representatives after review by COA personnel.
• Test results will be recorded on the SWRCB, Secondary Containment Testing Report (for
example of forms, see Quality Assurance section)
• All deficiencies will be immediately communicated to designated facility contact
• Man way and inspection port gaskets and surfaces will be cleaned prior to returning the
system to operational condition
7. Vapor Recovery System Testing
• Prior notice to agency will be submitted as required.
• During scheduling, the minimum total unleaded ullage will be communicated to the
designated facility contact
• Facility arrival will be communicated to designated facility contact
• Health & Safety Plans and confined space entry protocols will be observed
• Setup traffic barriers, don personal — protective equipment, observe lock- out /tag out
procedures, take note of fuel shutoff valves and pump electrical disconnects as necessary to
ensure safety during tank system inspection and testing
• Service technicians will hold current training certification as evidenced by a certificate of
training issued by the manufacturer(s) of the underground storage tank system components
• Service technicians will possess a current certificate from the International Code Council (ICC)
for the work being performed in accordance with state regulations.
• Technician will possess current Air Quality Management District certifications
• Test equipment will meet CARB standards for construction, size, resolution, be confirmed
operational, and calibrated as required
• Technician will review facility's current Air Quality Management District Permits -to- Operate,
CARB Executive Orders, and Installation, Operation and Maintenance Manual for required test
procedures and necessary forms for submittal and performs the required testing (for example
of forms, see Quality Assurance section)
• Technician will Immediately relate Pass /Fail results to the designated facility contact and Air
Quality Management District within the respective agency's required timeframe
A -1
8. Tank Repair Issues
• SunWest will comply with applicable regulatory requirements and where regulation allows
and perform repairs while on -site. All work will be warranted for one year from the date of
completion for workmanship and parts, not including normal wear and tear from regular use,
or purposeful damage. Requisite reports, O & M manuals and maintenance guides will be
provided to site personnel, and maintained in SunWest's Fueltrac system.
• Parts replaced during all work will be market with date replaced. Any parts covered under
manufacturer warranty will be returned to the manufacturer.
1. Minor Repairs
SunWest will insure that necessary minor repairs which do not require permitting from local
agencies is performed in a cost effective manner. All repairs will require prior approval by
COA. Reports of all repairs will be maintained complete with before and after photographs.
2. Major Repairs
Any required major repairs will be described in detail through written description, hand
sketches and photographs. Proposals will be prepared for consideration by COA for those
services within the scope of SunWest's capabilities. Any scope which could be performed
more economically by other suppliers will be identified. Should COA wish to obtain
competitive bids from multiple suppliers, and require assistance, SunWest will provide design,
permitting, specification and solicitation management services in- house, as approved by the
City and within the terms of this Agreement for sub - contracting.
3. Emergency Repairs
SunWest will have emergency contact information available for COA personnel for use after
hours as needed for emergency call outs. SWC has a dedicated technician on a rotating "on-
call" scheduled 365 days a year. SWC will respond to emergency call outs within four (4)
hours.
4. Non Emergency Repairs
SunWest will have available technicians to the COA facility within 72 hours from initial contact
by COA personnel.
A -1
9. Reports and Recordkeeuin
Validity and security of facility reports is a top priority. SunWest have implemented the latest
technological advances to insure not only that each inspection is performed thoroughly at
each facility, but also to insure that no report may be modified once produced by certified
technicians. All reports generated by SunWest during monthly inspections will be created
electronically. SunWest Field Technicians will apply their personal, password - protected
signature to each report. These reports are transmitted immediately upon completion direct
to SunWest's in -house servers where they are individually reviewed for accuracy.
Site specific monthly reports must be accompanied by site - specific monitoring panel printouts
verifying panel location, and report results. Photo documentation is required for all reported
abnormalities and /or recommended repairs.
Report copies and site - specific documents are maintained in SunWest's secure server
environment for a minimum of 6 years. Report uploads to the City's repository systems (if
available) are provided on a monthly basis.
Summary reports of inspection findings are automatically generated. These reports may be
published according to any desired schedule, to any number of recipients. Excel report
formats are also available. A sample of a typical summary report is contained in "Appendix
B ".
10. Project Schedule
SunWest regularly publishes its schedule through emailed reports approximately 30 days
prior to any scheduled inspection or testing event. Status reports will be provided to COA-
designated personnel either through email or as an available report in our online Fueltrac
system.
Appendix "A"
GDE MONTHLY INSPECTION CHECKLIST
Facility Name: Time:
Inspection Date: Signature:
Inspector Name:
Place a mark under "no issue" or "action required as appropriate
Record description of noted defects and repairs in "Notes" section or in related work order.
Keep copies of work orders and /or equipment part receipts related to the noted repairs with checklist.
Keep records accessible in the Operations & Maintenance Manual for inspection by the Air Pollution Control District.
(Use TRAFFIC CONES and SAFETY VESTS) Previous Months Unleaded Current Unleaded
Gallonage Reading: Gallonage Reading: Throughput*
�l.i N!t !lr r. {
�A11�E�PHASE!)�S`i e�s;tug��- �V� .�,- �. a!
1 Vent Line PV Valve (s) — present, EVR sticker visible, no vapor shadows
$375.00
r
�11,c +
+
"
sxi44 4..
t i 1�t,
fean a d dr
1} Y ;,
n .4t`
r.a*•` j1r.,r, t { ?, _ yy' 'ciK". .
k
3 Spill container drains- operative and closed, chain attached, if
N/C
a pIicable)
'51,'1 -
4930'
-gas F' L .. �} !�.
"s- kets broken
00
4 Fii,l Ca .resent anc).tight, caps not missrn or loose
5 Fill adapter s-attached tightly to riser, gasket no missing or torn
$740.00
i ,1
MR ea as ts'p esen a d ti rt-c oerl'I rng bra an
'h w
)
$350
on
Pjr r
(3, _ t
}1
'00 F
?,)DOSe .. Vii. ,n. , t•i ,•�' ;�-.. ri r
..4
7 Vapor adapters- tight on riser, dry break poppet is not
$350.00
missing/ damaged
DISPENSER AREA (PHASE 11)
xu wr „:
s le �b o e t g nstruq s co ec ; le r r °�1
Iv
_p, ct,17Q,
'f,j ;
'� }�aF° fir' +
9 Hoses --no kinks, tears /slits, cracks, flatspots
N/A
eT ,
u10e a 7MY3,1117s, e . �ro act dettron o liuid starn� dust
''s
w
,kl�u_I.. at�ve;o.. eaks w€'�,n
-$350 00
11 Nozzles -has all clamps, swivels work smoothly, no leaks. Check for
leaks by removing nozzle from cradle and, without compressing the
$350.00
bellows, pull the trigger. No fuel should flow.
i , , >
12 .Nozzle h¢Irl_ o en laiches = present'and opera #ing correctly : .;,,;
0. 00-! r„
13 Nozzle bellows and faceplates —tight on nozzle, no tears /slits, good
seal; straight (must be aligned with spout). Bellows clamps are
N/A
pro erlyinstalled.
E
x -,r w tom,.,,, at •.r. - -.. ...
=14 NQZZIe sports" not Ibose „not:out ofiraurld; po,rt(s) not' lugged :° .
$8 i 35.00
15 Nozzle vapor valves -- no vapor shadows emitting from nozzle
$12,960.00
1fi Hp etr e�'o ri present with a'10 or less hose loop unless LRl}
rase.... . Y�etracts � i d "+�' T <. r r, <
17 For facilities within the San Joaquin Valley APCD and for coaxial
hoses associated with bellows equipped nozzles, check the vapor
path of the dispensing hose by draining any liquid into a suitable
container. If liquid was present in the vapor path, record the volume
$475.00
(in milliliters) in notes column. If this is performed by a contractor,
verifythat it has been completed.
*Throughput= Current Unleaded Gallonage Reading— Previous Months Unleaded Gallonage Reading
Appendix "B"
4/15/2014
ProblemDesguil2tion
Client Recommendations Report
1VIa c, 2��H14 T - r 77 r
1 1?l l L`i tf MEQ�,J...'. J. - —i�! I .y I -I , : `I }4• b A _ - ;-f 1 1 i It �. _
r. '1 . . �, f
140130 -168 Monthly State Regulated AST Inspection -
Waste oil / new oil tank is leaking from the diaphragm pump and multiple areas of piping on the top of the tank. See Photo's.
3/28114 MB Bid request submrtted to Estimating for leaking diaphragm pump(s� and piping
- °, SITEf lldl r" a: •: s : t S 'r . r ",', r t ., M:
140130-060 Monthly State Regulated AST Inspection _ '
This site needs a records box installed for the print outs from the tank monitor. It also needs a binder for paperwork.
3128/14 MB Bid request submitted to Estimating for records box installed for the print outs and records binder
�1Vl81 c1�31 2U�43 rt'�r.�.,;rn -• r - °'t� I� F � Ts ..-
r T
140130 -248 Pez£orm Secondary Containment Testing, Expires: 313 i /14 (Robert to assist Leo}
Recommend replacing the test boot on supply line ## I inside the piping stunp. The test boot needed needs to be able to
accommodate 3"A.0. Smith piping and reduce down to I11 black steel piping. (see pies)
411114 MB- Bid re uest submitted to Estimating for secondary re�air�mg sum
SXTFr#1
�;`�t�'�;t�,
140134 -241 513989 Testin Ex gyres 3131114
g P (Robert to assist Leo)
Recommend replacing the annular space 195" metal cover as it has 2 broken cam locks, and sumps are located on a public
sidewalk. Also the spill bucket was tested with the 811 sump man way lid removed and passed at this time, However spill
bucket will not pass with man way in place due to a bad collar gasket, and extremely rusted collar, Recommend replacing
the gasket and also sanding down the inside of the collar, Collar might also need to be replaced(see pies.
411/14 MB Bid request submitted to Estimating for replacement of 19.5" access cover and spill bucket collar
=Afiri 1. -2 d��srah .��.�_:,s,..�':••'•. . ..r �>i,�,.: '"'n.9.;,�.y..yr �., ....... ......... _,._..-_ .., IL,,. �.-,.,.,,.. r.,- m�,.,,,_d..._.._._,....._._ __.. -
140224 -261 Perform Secondary Containment Te st.n _ .g , .Expires: 4,15114. . ,(•wR,:. o bee to assist Leo)
Recommend replacing the piping sump 13" metal access cover as it has 2 broken cam locks.
N
4/3/14 MB Bid request submitted to Estimating for access cover replacement
_17 1 1 �:r-- e-�-�-
t�F
140224 -093 Monthly State Regulated AST Inspection
-
Recommend re lacing the 151' drain valve on containment berm
r- PS�i .n - ' qy -� i - ''3 n 1 a -.r Ta"'�`r p k�"'. "y4�"r4"4d[''Y^ ,"';' ^y�r
MR, j, .. . �. 1 -. :.w -r 'c�..� n ' q. ; -�'_ ^rte'
144224 -038 w Monthly State Regulated AST Inspection
Found the piping beneath the pump used to prime the lines has a small leak. The pump is mounted on the front of the
day tank. Dispatch one technician for repairs. Block out approximately 2 hours to complete repairs. Also found a small leak
on the piping behind the day tank. See photos for more detail... repairing technician should only need to disassemble piping
and reassemble with new dope. AIso have
pipe should a new pump handy just in case. Pump is a Fill Rite Piston Hand
Pump Model FR152.
4/4/14 MB Bad request submitted to Estimating to fix oil leaks
AprilU7, 20 -4,.'T7,47 �-
�
SIDE f#3 NAMC
140224 -059 Designated Operator Inspection
H:3 piping vault sensor was in alarm this month- recurring issue, no water present, no wiring issues, ghost alarms recorded
for several months. "320" Should
sensor. be replaced.
4/7/14 MB All discriminating sensors are scheduled to replaced Rending permit approval for Riverside County
f — Riverside
r ' mil ,. e `�;. pr
µiV 1 1
140224-200 Perform LADPW Secondary Containment Testing, Expires: 417114. (Robert to assist Leo)
TAKE OVERALL PHOTOS OF THE TANK TOP, ALL SUMPS, PIPING VAULT, PIp1NG CONNECTIONS AND
DIMENSIONS TO GENERATE AN ACCURATE ESTIMATE FOR REPLACEMENT OF THE RETURN PIPE,
Noti£ No. 9495 0
Recommend replacing the return line with APT piping and retesting the return line and piping sump. The piping currently in
place is Enviro8ex and is 1.5 "x 35' and is equipped with 2" threads, The supply line passed at this time however they are
■
Exhibit "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be for one year from the date of execution, unless
earlier terminated as provided herein. Consultant shall complete the services within the
term of this Agreement, and shall meet any other established schedules and deadlines,
:i
Exhibit "C"
COMPENSATION
Compensation shall be based on time and materials spent in accordance with the tasks
specified, not to exceed the total compensation listed:
Professional Fuel Management & Extraordinary
Repair Services - $21,506.85
Total Compensation
$21 ,506.85
The total compensation shall not exceed the total listed without written authorization in
accordance with Section 3.3.1 of this agreement period.
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