HomeMy WebLinkAboutContracts & Agreements_73-2003_CCv0001.pdf AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE
PERFORMANCE OF FINAL DESIGN SERVICES FOR UPGRADES TO THE CITY OF
REDLANDS' TATE WATER TREATMENT PLANT
This Agreement is made and entered into this 6th day of May 2003 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 I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to
perform services ("Services") for Final Design Services for Upgrades to the City's 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, and Americans with Disabilities Act.
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.
AGREEMENT FOR FINAL DESIGN OF TATE WTP UPGRADES
May 6, 2003
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$117,800. 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.
AGREEMENT FOR FINAL DESIGN OF TATE WTP UPGRADES
May 6, 2003
Page 3
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
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 not perform any
Services pursuant to this Agreement unless and until all required insurance listed below is
obtained by Consultant. Consultant shall provide City with Certificates of Insurance and
endorsements evidencing such insurance prior to commencement of work. All insurance
policies shall include a provision prohibiting cancellation of the policy except upon thirty
(30)days prior written notice to City.
6.2 Worker's 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 amounts which
meet statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against 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 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the duration of this 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. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
6.4 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of I million 01,000,000) per occurrence, combined
AGREEMENT FOR FINAL DESIGN OF TATE WTP UPGRADES
May 6, 2003
Page 4
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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.5 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.
6.6 Hold Harmless and Indemnification. Contractor shall defend, indemnify and hold
harmless City, its elected officials, officers, employees and agents, from and against any
and all actions, claims, demands, lawsuits, losses and liability for damages to persons or
property, including costs and attorney fees, that may be asserted or claimed by any
person, firm, entity, corporation, political subdivision or other organization arising out of
or in connection with Contractor's negligent and/or intentionally wrongful acts or
omissions under this Agreement; but excluding such actions, claims, demands, lawsuits
and liability for damages to persons or property arising from the sole negligence or
intentionally wrongful acts of City, its officers, employees or agents.
6.7 Assignment and Insurance Requirements. 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 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.
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:
AGREEMENT FOR FINAL DESIGN OF TATE WTP UPGRADES
May 6, 2043
Page 5
Project Manager: Steve Foellmi
Project Engineer: Mike Schnieders
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 and any copyright
interest in said above-described documents, pursuant to this Agreement 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,
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.
AGREEMENT FOR FINAL DESIGN OF TATE WTP UPGRADES
May 6, 2003
Page 6
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")
— n=
By: By:
KARL N. (KASEY) HAWS
Mayor Title:
L,C-k ?4-0-V t4-"4
ATTEST:
Lor e Poyzer ,'
City Clerk, Cite of Redlands
ATTACHMENT A
SUPPLEMENTAL ENGINEERING SERVICES
FOR THE UPGRADES TO THE HENRY TATE WTP
Task H. Installation of New Chemical Storage Tanks
The City requested the addition of a new chemical feed and storage facility to the project
including storage tanks, metering pumps, piping, containment, and associated ancillary facilities.
The following supplemental services will be added to the contract to address this request:
➢ The Basis of Design for chemical feed and storage facilities for alum, sodium
hydroxide, and sulfuric acid will be prepared and added to the Design
Memorandum.
➢ The following specifications will be added:
Section Specification Title
11727 Liquid Chemical Feed Systems
13 190 FRP Chemical Storage Tank
13192 Steel Chemical Storage Tank
13199 Chemical Storage Tank and Installation
15400 Plumbing
➢ The following drawings will be added:
Sheet Drawing Title
S-I Chemical Feed Facility—Foundation Plan and Sections
S-2 Chemical Feed Facility— Sections and Details
P-10 Chemical Feed Facility—Plan and Section
P-11 Chemical Feed Facility—Plans, Sections, and Details
P-16 Miscellaneous Details
E-4 Chemical Feed and Control System One-Lines
E-9 Chemical Feed Facility—Power Plan
1-6 P&ID Alum Feed System (Sheet 1)
1-7 P&ID Alum Feed System (Sheet 2)
1-8 P&ID Sodium Hydroxide System (Sheet 1)
1-9 P&ID Sodium Hydroxide System(Sheet 2)
Task I. Solids Removal Optimization
The City requested the addition of additional residuals handling facilities to the project including
a new sludge pond, grading, piping and valving, site drainage provisions, and associated
ancillary facilities. The following supplemental services will be added to the contract to address
this request:
A-1
➢ The Basis of Design for these facilities will be prepared and added to the Design
Memorandum.
➢ The following drawings will be added:
Sheet Drawing Title
C-2 Paving and Grading Plan
C-5 Sludge Pond No. 3 —Plan, Sections, and Details
C-7 Sitework Details
Task J. Pre-Chlorination Optimization
The City requested the addition of a revised chlorine control strategy to the project. Various
chlorine control strategies have been discussed with the City, but it was concluded that with the
configuration of the existing facilities, modification of the chlorine control system would not
yield the City any substantial benefit. Therefore, no additional fee is associated with this task.
Task K. Installation of Bulk Chlorine Containment
The City requested the addition of modifications to the plant's chlorine system to the project
including bulk chlorine containment facilities, modification of the existing chlorine storage
room, and associated ancillary facilities. The following supplemental services will be added to
the contract to address this request:
➢ The Basis of Design for these facilities will be prepared and added to the Design
Memorandum.
➢ The following specifications will be added:
Section Specification Title
11725 Gas Chemical Feed Systems
13564 Analytical Instruments
The following drawings will be added:
Sheet Drawing Title
D-5 Demolition—Miscellaneous
P-12 Chlorine Storage Room—Plans, Sections, and Details
Z:�
E-11 Power Plan— Chlorine Storage Room
1-10 P&ID Chlorine System
A-2
Task L. Filter Valve Conversion to Electric Actuators
The City requested that the existing pneumatically actuated butterfly valves associated with the
filters be replaced with new butterfly valves equipped with electric actuators. This change in
scope will result in some additional work on the electrical drawings, but Black & Veatch will
absorb the additional costs associated with the increased level of effort. Therefore, no additional
fee is associated with this task.
Task M. Modification of the Main Entrance to the Plant
The City requested that the main entrance to the plant be modified. This change in scope will
result in some additional work on the civil drawings, but Black & Veatch will absorb the
additional costs associated with the increased level of effort. Therefore, no additional fee is
associated with this task. Should coordination with Caltrans become a requirement,there will be
an increase in the fee for this task.
Task N. Septic Tank(OPTIONAL TASK)
From discussions with City staff, it appears as though the original septic tank (built in 1967) has
been abandoned in place and that a new septic system has been designed and constructed by the
City in the location where the new washwater recovery basin is proposed to be sited. This City
installed septic system is not indicated on any record drawings. To accommodate the
construction of the new washwater recovery basin, the existing septic system will need to be
removed and a new system will need to be designed. Black & Veatch is prepared to design this
new septic system,as an optional task, as requested by the City.
A-3
ATTACHMENT B
SCHEDULE
Notice to Proceed(Estimated) May 6, 2003
Basis of Design Revisions May 23,2003
Submit 100 Percent Construction Contract Documents May 31, 200')
B-1
ATTACHMENT C
LEVEL OF EFFORT
The level of engineering effort and cost associated with each of the proposed tasks is
summarized in the following table.
Table 1
Summary of Engineering Effort and Cost
Upgrades to the Tate Water Treatment Plant
Task Number and Description Hours Labor Direct Total
Expenses Cost
H Installation of New Chemical Storage 560 $54,500 $4,700 $59,200
Tanks
I Solids Removal Optimization 200 $20,600 $2,200 $22,800
J Pre-Chlorination Optimization 20 $0 $0 $0
K Installation of Bulk Chlorine Containment 240 $23,800 $1,800 $25,600
L Filter Valve Conversion to Electric 50 $0 $0 $0
Actuators
M Modification of the Main Entrance to the 40 $0 $0 $0
Plant
N Septic Tank(OPTIONAL TASK) 100 $9,400 $800 $10,200
Total= 1,210 $108,300 $9,500 $117,800
C-1
ATTACHMENT D
BLACK & VEATCH
RATE SCHEDULE
family/level rate(i)
Principal-in-Charge 16/10 - 16/30 160 - 175
Senior Project Manager 08/06 145 - 160
Senior Staff Specialist 08/05 - 0806 135 - 150
Project Manager 08/05 130 - 150
Project Engineer 08/03 - 08/05 110 - 145
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
CADD Manager 03/07 90
CADD Operator 03/03- 03/06 65 - 80
Clerical 02/06 -02/08 60 - 75
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$8.75 per hour surcharge is applied to cover computer charges, Long-distance
telephone,car milage for company owned vehicles,postage and minor
reproduction charges.
D-1