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HomeMy WebLinkAboutContracts & Agreements_153-2002_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES FOR TRAINING,DESIGN AND CONSTRUCTION OF MODIFICATIONS TO THE HENRY TATE WATER TREATMENT PLANT This Agreement is made and entered into this 3rd day of September 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Black & Veatch Corporation, (hereinafter"Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for Training, Design and Construction of Modifications to the Henry Tate Water Treatment Plant ("Project"), for the City of Redlands, California. 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional Consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and Local rules, laws and regulations in the performance of this agreement including but not limited to all applicable Labor code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property or rights-of-way as required by Consultant to perform the Services. Tate WTP Modifications September 3, 2002 Page 2 3.3 City designates Douglas Headrick as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of$64,600. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment"D", entitled "Rate Schedule". 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the services, indirect costs, and the detailed cost of all Services, including backup documentation. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City Consultant Douglas Headrick Black& Veatch Corporation Municipal Utilities Department 6 Venture, Suite 315 35 Cajon Street Irvine, CA 92618-3317 P. O. Box 3005 Redlands CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 - INSURANCE AND INDEMNIFICATION Tate WTP Modifications September 3, 2002 Page 3 Z:� 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance within fifteen (15) days of execution of this Agreement, or prior to commencement of work, whichever occurs first. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Consultant, its officer, agents and employees in performing the Services required by this Agreement. Tate WTP Modifications September 3, 2002 Page 4 Consultant's obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits. 6.4 Assiznment and Insurance. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide the City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. The consultant, in lieu of obtaining an endorsement extending the reporting period twelve (12) months beyond the current policy expiration date of May 1, 2003, will provide the City with a certificate of liability insurance and endorsement for the next twelve (12) month policy period of May 1, 2003 through May 1, 2004. Certificate of liability insurance and endorsement shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. The City shall'be named as an additional insured and a certificate of insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work,whichever occurs first. Tate WTP Modifications September 3, 2002 Page 5 ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys'fees. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: Project Manager: Steve Foellmi Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement and any copyright interest Consultant may have in said herein described documents, records and data shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by the City, without cause, by providing ten (10) days prior written notice to the Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and (2) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any data, design calculations, Tate WTP Modifications September 3, 2002 Page 6 drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.9 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands, Black& Veatch Corporation, ("City") ("Consultant") By: By: KARL N. (KASEY) HAWS Steven N. Foellmi Mayor Title: Vice President ATTEST: Lome Poyzer City Clerk,City o edlands ATTACHMENT A SCOPE OF SERVICES The Scope of Work will focus on completion of the following key objectives: Task 9—Filter Backwash Water Turbidity Reduction (Tate WTP): Evaluate the existing backwash water holding and recovery facilities and define the configuration and capability of the existing facilities. Develop alternatives for improving the solids removal performance of the existing components. Coordinate with the California DHS. Prepare a brief Technical Memorandum summarizing the findings and recommendations for improvements. - Calculate the design criteria for a polymer dosing system for the filter backwash water. Task 10—Blended Water Bench Testing (Tate WTP): - Evaluate the treatment process impacts associated with three raw water supplies: (1) State Water Project water, (2) Mill Creek water, (3) Santa Ana River water, and (3) a matrix of combination of the three water supplies. - Perform bench scale testing to define the treatment approach and expected treatment performance. Define the process modifications associated with treatment of the referenced raw water sources. Coordinate with the California DHS to achieve approval for plant operation utilizing the alternative raw water sources. Prepare a Technical Memorandum summarizing the blended water bench testing work findings and recommendations. Task 11 —Hinckley Water Treatment Plant Operations Plan Update: - Revise relevant chapters of the existing Operations Plan to address proposed changes to the plant flow rate and filter operation. , Coordinate the Operations Plan update with DHS. Task 12 —Bench Testing Operator Training: - Prepare a one day seminar describing bench testing methods and procedures. •° Conduct the training with City staff. Task 13 —Primary Coagulation Chemical Feed Modifications (Tate WTP): Prepare design drawings and technical specifications for the addition of alum feed facilities to the Tate WTP. A-1 Install the proposed chemical feed modifications through a Black & Veatch subcontract with a construction contractor Provide engineering construction services throughout the construction period. The work will consist of the following tasks: Task 9—Filter Back-wash Water Turbidity Reduction (Tate WTP) DHS has evaluated the Tate WTP and has identified deficiencies in the filter backwash water treatment system at the plant. DHS, is specifically concerned with the high turbidity levels in the recycled backwash water that is returned to the basin influent for treatment. A maximum turbidity level of 2 NTU in the recycled backwash water is desired. DHS has requested the City take steps to improve the performance of the existing backwash water facilities. The existing filter backwash water lagoons will be evaluated and the operational approach for recycling filter backwash water will be investigated. Options for optimizing the filter backwash water recycling approach will be defined with the goal of improving solids capture performance in the existing sludge lagoons. A polymer feed system will be investigated to feed polymer to the filter backwash water drain line from the filters, as suggested by DHS. The purpose of the polymer will be to improve solids removal performance in the sludge lagoons. The physical components of the polymer feed system will be evaluated and the component sizes defined. The results of the work under this task will be summarized in a Technical Memorandum and provided to the City staff for review. Following receipt and resolution of review comments, a final Technical Memorandum will be prepared and submitted to the City. Task 10—Blended Water Bench Testing(Tate WTP) The alternative raw water supply for the Tate WTP has been expanded to include three sources: (1) State Water Project (SWP) water, (2) Santa Ana River (SAR) water, (3) Mill Creek water, and (4) a combination of the three raw water sources. The addition of SWP as a third alternative raw water source (in combination with SAR and Mill Creek water) has resulted in DHS expanding the bench testing requirements needed to achieve approval for treatment at the Tate WTP. The additional DHS requirements impact (1) the number of blended water combinations to be investigated, (2) the number of jar tests to be performed, (2) the number of analytical samples to be prepared, (4) the amount of testing data to be compiled, summarized, and evaluated. , (5) the magnitude and complexity of the bench testing summary report, and (6) the overall coordination required with DHS. The results of the work under this task will be summarized in a draft Technical Memorandum and provided to the City staff for review. Following receipt and resolution of review comments, a final Technical Memorandum will be prepared and submitted to the City. A-2 Task 11 —Hinckley Water Treatment Plant Operations Plan Update A change in the operational basis for the Hinckley WTP has been submitted to DHS and approved by DHS in principle. The operational change would allow the plant to operate at a higher plant rate during a portion of each day resulting in increased total water production from the plant. A DHS condition for formal implementation of the revised operational basis for the plant is revision to relevant chapters of the existing plant Operations Plan to reflect the proposed operational changes. Revisions to the following chapters of the existing Operations Plan will be performed: Flow Variations Filter Operation and Backwash Procedures Operating Records Coordination with DHS will also be provided to address review comments. Task 12 —Bench Testing Operator Training The pending DHS approval of alternative raw water sources for the Tate WTP will require that the treatment plant operators monitor (on a frequent basis)the incoming raw water quality and modify the chemical treatment approach to assure a high quality treated water in full compliance with all regulatory requirements is achieved. Jar testing will be an essential activity to assure the consistency of the plant's performance and will likely be a DHS requirement for approval of the use of the alternative raw water sources. A training session will be provided for the City operation's staff. Personnel from DHS will also be included, as appropriate. The training session will review coagulation chemistry and define specific procedures for execution of an effective jar testing program at the Tate WTP. The training session will be conducted by McGuire Environmental Consultants. Specific topics will include: Coagulation Chemistry Training Particle characteristics/ stability Mechanisms of coagulation Double layer compression Bridging Charge neutralization Enmeshment Zones of coagulation Drivers for coagulation Jar Test Training Coagulants Theory of jar testing Stock solution preparation Standard jar testing procedures A-3 Customizing jar testing protocol Demonstration The necessary training materials for the 6-hour training session will be provided. A computer and computer projector will be provided. The City will provide a projection screen and a room at the plant to conduct the training. Task 13—Primary Coagulation Chemical Feed Modifications (Tate WTP) The City is undertaking an effort to modify the chemical feed systems at the Tate WTP. Currently, the City feeds cationic polymer as the primary coagulant. However, with the availability of State Water Project (SWP) water to the plant, the City will be required to have the capability of feeding metal based coagulants. Bench scale testing performed by Black& Veatch and McGuire Environmental Consultants resulted in the identification of alum as the recommended coagulant to treat SWP water. Design drawings and technical specifications will be prepared in sufficient detail to facilitate construction of a new alum feed system, which will include provisions for the addition of a new metering pump, drive, and calibration column as well as appurtenant piping and valves, electrical power supply to the equipment, and an alum injection point During the construction phase, Black & Veatch will conduct two site visits to inspect the work. When the contractor is near the completion of the construction phase, Black & Veatch will prepare a punchlist that outlines any deficient work or items that are not in compliance with the drawings and specifications. Final payment to the contractor will be withheld until all punchlist items are addressed. Black & Veatch will perform the design services for the improvements and has obtained the services of Jamison Engineering Contractors to perform the construction portion of the project. Black and Veatch will assume overall responsibility for the project and will retain Jamison Engineering Contractors through a subcontract. A-4 ATTACHMENT B SCHEDULE Submit Backwash Water Turbidity Reduction TM September 30, 2002 Submit Blended Water Bench Testing TM September 30, 2002 Submit Revised Chapters for the Hinckley WTP September 30, 2002 Operations Plan Conduct Bench Testing Operator Training September 30, 2002 Design/Construct Primary Coagulation Chemical Feed September 30, 2002 Modifications (Tate WTP) B-I ATTACHMENT C-PROJECT FEE City of Redlands Supplemental Work Summary of Engineering Effort Task Project Project Design staff CAD Clerical/ No. Task Description Manager Engineer Engineer Engineer Operator Support Total Labor Direct Sub- Total 150 135 105 85 75 60 Hours Cost Expenses Consultants Cost 9 Backwash Water Turbidity Reduction 8 12 16 34 4 6 80 $8,050 $850 $0 $8,900 Subtotal-Task 9 8 12 16 34 4 6 80 $6,050 $850 $0 $8,900 10 Blended Water Bench Testing 2 2 0 4 0 2 10 $1,030 $1,270 $13,000 $15,300 Subtotal-Task 10 2 2 0 4 0 2 10 $1,030 $1,270 $13,000 $15,300 11 Hinckley WTP Operations Plan Update 6 10 16 46 0 16 94 $8,800 $900 $0 $9,700 Subtotal-Task 11 6 10 16 46 0 16 94 $8,800 $900 $0 $9,700 12 Bench Testing Operator Training 2 0 0 0 0 0 2 $300 $600 $4,900 $5,800 Subtotal-Task 12 2 0 0 0 0 0 2 $300 $600 $4,900 $5,800 13 Primary Coagulation Chemical Feed Modifications(Tate WTP) 8 16 20 16 16 20 96 $9,220 $1,280 $14,400 $24,900 Subtotal-Task 13 8 16 20 16 16 20 96 $9,220 $1,280 $14,400 $24,900 TOTAL= 26 40 62 100 20 44 282 $27,400 $4,900 $32,300 $64,600 C-1 ATTACHMENT D BLACK & VEATCH RATESCHEDULE family/level rate(l) Principal-in-Charge 16/10 - 16/30 160 - 175 Senior Project Manager 08/06 145 - 160 Senior Staff Specialist 08/05 - 0806 135 - 145 Project Manager 08/05 130 - 135 Project Engineer 08/03 - 08/05 110 - 135 Senior Engineer 08/04 - 08/05 105 - 130 Engineer 08/01 - 08/03 80 - 115 Architect 07/01 - 07/03 80 - 115 Cost Estimator 04/03 - 04/05 95 Scheduler 04/03 - 04/05 95 Technician 12/06 90 CARD Manager 03/07 90 CADD Operator 03/03- 03/06 65 - 80 Clerical 02/06 - 02/08 60 - 70 Notes: (1)Rates exclude reproduction,computer expense,travel and other expenses associated with performing the work. (2)Direct expenses,including subconsultants,are at cost plus 10% (3)A$7.50 per hour surcharge is applied to cover computer charges, long-distance I telephone,car milage for company owned vehicles,postage and minor reproduction charges. D-1