HomeMy WebLinkAboutContracts & Agreements_67-2005_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR HYDRAULIC EVALUATION OF THE HENRY TATE WATER TREATMENT PLANT
EFFLUENT PIPELINE
This Agreement is made and entered into this 19th day of April, 2005,by and between the City of
Redlands, a municipal corporation (hereinafter "City"l and Black and Veatch, 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
professional consulting services ("Services') for Hydraulic Evaluation of the Henry Tate
Water Treatment Plant Effluent Pipeline("Project").
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 engineers in the industry providing like and 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 shall comply with 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 right-of-way as required by Consultant to perform the Services.
3.3 City designates Greg Gage,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 prompt and diligent manner and in accordance
with the schedule set forth in Attachment`B", entitled"Project Schedule".
ARTICLE 5 -PAYMENTS TO THE CONSULTANT AND NOTICE
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$37,600. City shall pay Consultant on a time and materials basis up to the not to
exceed amount, in accordance with Attachment"C", entitled"Project Costs"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:
Ci!Y Consultant
Greg Gage Steven Foellmi
Municipal Utilities Dept. Black and Veatch
35 Cajon Street 6 Venture, Suite 315
P. O. Box 3005 Irvine, CA 92618
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,bilis,and payments are to be given by giving notice pursuant to this paragraph.
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 provided 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 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Worker Compensation and Employer's Liability
insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to the City.
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 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.5 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. Consultant shall obtain an endorsement that the City shall be
named as an additional insured.
6.6 Assignment and Insurance Rgguirements. 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.
6.7 HoldHarmlessand Indemnification. Consultant shall defend,indemnify,and hold harmless
City and its elected officials, 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
Consultant'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.
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: Richard Mori,Project Engineer
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 documents developed by the Consultant pursuant to this Agreement and
any copyright interest in said above described documents,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 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 termination notice,Consultant shall(1)promptly discontinue all services,
and(2)deliver or otherwise make available to City,copies 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. Consultant shall be compensated on a pro-rata basis for work completed
up until notice of termination.
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 written Agreement. Any amendment to this
Agreement,to be effective,shall be in writing and approved by the City Council of City and
signed by City and Consultant.
7.10 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 and Veatch
("City") ("Consultant")
By: y.
YOR ` -fit oellmi
Principal
ATTEST:
Toy:
I Y CT
1JERRgr
City Clerk, City of Redlands
AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR THE HENRY TATE WATER TREATEMENT PLANT EFFLUENT PIPELINE
ATTACHMENT A
SCOPE OF SERVICES
Task 1 —Identification and Collection of Background Data
Data relevant to the engineering work to be performed will be identified,collected and assembled.
The primary purpose will be to identify data associated with the City facilities and hydraulic
requirements downstream to the Ward Way Reservoir(the preliminary work to date has focused on
the areas between the Tate WTP and the Ward Way Reservoir).Information shall include,but not be
limited to, existing maps, aerial photography, reports, system schematics, hydraulic profiles, and
other data that are readily available in either hardcopy or electronic format.
Task 2—Hydraulics Evaluation
The City has indicated that it has a fully-calibrated and balanced hydraulic model of the distribution
system. B&V will develop up to three operational scenarios (model run criteria), which will be
forwarded to City staff for incorporation into the hydraulic model.City staffwill then provide B&V
with the model results for review and interpretation.
Operating scenarios will be developed to (1) identify potential causes of the suspected
depressurization of the effluent pipeline, (2) identify hydraulic requirements and constraints
downstream of Ward Way Reservoir, and (3) ensure that system hydraulics downstream of Ward
Way Reservoir are not negatively impacted by recommended improvements.
This evaluation will also identify the ultimate capacity requirements for the Tate Water Treatment
Plant effluent pipeline.Based on the required capacity,an appropriate pipe size will be identified and
recommended.
Task 3—System Hydraulics Workshop
Upon completion of Task 2,a workshop will be conducted.The purpose of the workshop will be to
present our understanding of the hydraulic criteria and operational requirements associated with the
effluent pipeline.This will be a critical meeting as the remainder of the project work will be based on
the distribution system hydraulics established during Task 2.
Task 4—Development of Alternative Pipeline Alignments
Alternative pipeline alignments between the Henry Tate Water Treatment Plant and the Ward Way
Reservoir will be identified and evaluated. The purpose of this task will be to define the preferred
Agreement for Engineering Services,Attachment A—Scope of Services Page 2
pipeline alignment for the effluent pipeline. A maximum of three alternatives will be reviewed
against the following evaluation criteria: length,capital cost,constructability,right-of-way/easement
requirements,environmental concerns,and agency coordination requirements.Upon completion of
the evaluation,a single alignment will be recommended for preliminary design.
Task 5—Review Ward Way Reservoir Piping
The Ward Way Reservoir is currently connected to the existing effluent pipeline as a branch outlet.
As a result,consistent turnover of the water stored within the reservoir is not continually achieved
resulting in a "dead-end" type of configuration, which can potentially impact water quality. The
purpose of this task will be to review the existing piping configuration(into and out of the reservoir
as well as the connection to the effluent pipeline)and to recommend modifications to improve the
circulation through the reservoir.
Task 6—Technical Memorandum
A summary technical memorandum(TM)documenting the significant information, findings, and
recommendations of the work completed above will be prepared and submitted to the City for
review.Following review and resolution of comments,the final TM will be prepared and submitted.
Task 7—Review Workshop
A workshop will be conducted with the City to present, discuss, and review the findings and
recommendations presented in the draft TM. The primary purpose of the workshop will be to
summarize the work completed to date and to obtain comments from the City.Comments received at
the workshop will be documented in meeting minutes and incorporated into the final TM.
AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR THE HENRY TATE WATER TREATEMENT PLANT EFFLUENT PIPELINE
ATTACHMENT B
PROJECT SCHEDULE
The proposed tasks will be completed within two(2)months of receipt of a written authorization to
proceed from the City. Black and Veatch are available to begin the proposed work immediately.
AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR THE HENRY TATE WATER TREATMENT PLANT EFFLUENT PIPELINE
ATTACHMENT C
PROJECT COSTS
The work presented in the Scope of Services (Exhibit A) will be completed for the not to exceed
amount of$37,600 based upon the table below,and in accordance with Exhibit D—"Rate Schedule".
Description Hours Labor Expenses Total
Task I -Identification and collection of 10 $1,200 $100 $1,300
Background data -
Task 2-Hydraulics Evaluation 70 $8,800 $800 $9,600
Task 3—System Hydraulics Workshop 24 $3,000 $500 $3,500
Task 4—Development of Alternative 90 $9,600 $800 $10,400
Pipeline Alignments
Task 5—Review Ward Way Reservoir Piping 20 $2,400 $300 $2,700
Task 6—Technical Memorandum 50 $6,000 $600 $6,600
Task 7—Review Workshop 26 $3,000 $500 $3,500
Total 290 $34,000 $3,600 $37,600
AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR THE HENRY TATE WATER TREATMENT PLANT EFFLUENT PIPELINE
ATTACHMENT D -RATE SCHEDULE
Engineering Services Black and Veatch—2005 Schedule of Fees
family/level rate
Principal-in-Charge 16/10- 16/30 180
Senior Project Manager 08/07 175
Project Manager - 08/06 170
Senior Staff Specialist 08/05 -08/06 160
Project Manager 08/05 155
Project Engi'neer 08/05 150
Project Engineer 08/04- 08/05 145
Project Engineer 08/04 140
Project Engineer 08/04 135
Senior En
,gineer 08/03 -08/04 130
Engineer 08/03 125
Engineer 08/03 120
Engineer 08/03 115
Engineer 08/02 - 08/03 110
Engineer 08/02 105
Engineer 08/02 100
Engineer 08/01 -08/02 95
Engineer 08/01 90
Architect 07/03 125
Architect 07/02 - 07/03 115
Architect 07/02 110
Architect 07/01 - 07/02 105
Architect 07/01 95
Senior Cost Estimator 04/03 - 04/05 115
Cost Estimator 04/03 - 04/05 105
Scheduler 04/03 - 04/05 115
Senior Technician 35/06 - 35/07 110
Senior Technician 35/05 - 35/06 105
Technician 35/05 - 35/06 95
Senior CADD Manager 35/08 115
CADD Manager 35/06- 35/07 110
Senior CADD Operator 35/05 105
Senior CADD Operator 135/04 195
Agreement for Engineering Services, Attachment D—Rate Schedule Page 2
CADD Operator 35/02 -35/03 90
CADD Operator 35/01 -35/02 85
Senior Office/Project Administrator 65/06 90
Office/Project Administrator 65/03 -65/05 85
Administrative Support 65/01 -65/02 80
Administrative Support 65101 -65/02 75
Administrative Support 165/01 70
(*)A$8.75 hourly surcharge will be added to the rates indicated above to cover
basic computer charges, minor reproduction fees, long-distance telephone
charges,car milage for company owned vehicles and postage rates
-Billing rates will be adjusted annually to reflect increases in salary costs.
-Direct expenses, including subconsultants, are at cost plus 5%