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i AGREEMENT TO FURNISH ENGINEERING SERVICES FOR PREPARATION
OF TRACER STUDIES FOR THE HORACE HINCKLEY AND
.' HENRY TATE WATER TREATMENT PLANTS
This Agreement for consulting services to perform tracer studies for the Horace Hinckley and
Henry Tate Fater Treatment Plants("Agreement")is made and entered into this 7th day of February,
2006 by and between the City of Redlands,a municipal corporation("City"),and Black and Veatch,
hereinafter ("Consultant") who are sometimes individually referred to herein as a "Party"and
together, as the "Parties."
In consideration of the mutual promises,covenants and conditions hereinafter set forth,City
and Consultant agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform professional consulting services for the
preparation of tracer studies for the Horace Hinckley and Henry Tate Water Treatment Plants
(the "Services").
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 the Services
to City at a level of competency presently maintained by other practicing professional
consultants in the industry providing Like and similar types of services.
ARTICLE ? - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in Exhibit "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 laws and regulations in
the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act and the Fair Employment and Housing Act,
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City will make provision for Consultant to enter upon City-owned property, as required by
Consultant, to perform the Services.
3.3 City designates Greg Gage, Project Manager, as City's representative with respect to the
performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
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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 Exhibit "B," entitled "Project Schedule."
ARTICLE 5 -.PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Thirty-One Thousand One Hundred Dollars ($31,100.00). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance with
Exhibit "C," entitled "Project Fee," and based upon the hourly rates shown in Exhibit "D,"
entitled "Rate Schedule."
5.2 Payments by City to Consultant shall be made within thirty (30) days after receipt and
approval by City of Consultant's invoice,by warrant payable to Consultant. Invoices shall be
sent on a monthly basis.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by mail
shall be addressed as follows: r
City Consultant
Greg Gage
Municipal Utilities Dept. Steven Foellmi
35 Cajon Street Black and Veatch
PO Box 3005 15615 Alton Parkway, Suite 300
Redlands, CA 92373 Irvine, CA 92618
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are to
be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. 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 the Services. All insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
6.2 w=orkers' 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 City. The insurance policy shall include
a provision prohibiting cancellation of said policy except upon thirty(30)days prior written
notice to City.
B. Consultant expressly waives all rights to subrogation against City, its elected officials,
officers and employees 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 waiver 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
are 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, 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.
6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without
the express written consent of City. In the event of mutual agreement between Parties to
assign a portion of the Services, Consultant shall add the assignee as an additional insured
and provide City with the insurance endorsements prior to the performance of any services by
the assignee. 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 the
insurance policy shall include a provision prohibiting cancellation of said policy except upon.
thirty (30) days prior written notice to 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 prior to commencement of work.
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. Certificate of liability insurance and endorsement shall be
delivered to City prior to commencement of the services.
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6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million dollars ($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. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional insured
and a certificate of liability insurance and endorsement shall be delivered to City prior to
commencement of the services.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 Attorneys' Fees. 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,including fees for in-
house counsel of the Parties at rates prevailing in San Bernardino County, California.
7.2 Prohibition against Assignment. Consultant shall not assign any of the Services to be
performed under 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 Key Personnel. Consultant's key person to perform the Services is Ashutosh Shirolkar.
Project Engineer. Consultant agrees that this key person shall be made available and
assigned to perform the Services and that he shall not be replaced without concurrence from
City.
7.4 Documents and Records. All documents, records, drawings, designs, cost estimates,
electronic data files, databases, and other documents developed by Consultant pursuant to
this Agreement, and any copyright interest in such 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 Independent Contractor Status. Consultant is for all purposes an independent contractor.
Consultant shall supply all tools and instrumentalities required to perform the Services. 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 Termination.
A. Unless earlier terminated,as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City.
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B. This Agreement may be terminated by City, in its sole discretion and without cause,
by providing five(5)business days prior written notice to Consultant(delivered by certified
mail, return receipt requested) of intent to terminate.
C. If this Agreement is terminated by City,an adjustment to Consultant's compensation.
shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed
services, and (2) any payment due Consultant at the time of termination may be adjusted to
the extent of any additional costs to City occasioned by any default by Consultant.
D. Upon receipt of a termination notice, Consultant shall immediately discontinue all
services affected, and within five (5) days of the date of the termination notice, 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. Consultant shall be
compensated on a pro-rata basis for work completed up until notice of termination.
7.7 Books and Records. Consultant shall maintain books and accounts of all payroll costs and
expenses related to the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.8 Entire Agreement. This Agreement,including the Exhibits incorporated herein by reference,
represents the entire agreement and understanding between the Parties as to the matters
contained herein,and any prior negotiations,written proposals or verbal agreements relating
to such matters are superseded by this Agreement. Any amendment to this Agreement shall
be in writing, approved by City and signed by City and Consultant.
7.9 Governing Law. 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
By: By: `�.
on Harrison Steven Foellmi
Mayor Principal.
Attest:
,r
C y ern, City edl n
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EXHIBIT "A"
Scope of Services
15615 Alter Parkway,Suite 300 Black&Veatch Corporation
Irvine,Galitorn a 92613
Tal:(949)753-0500
Fax:(949)753.1252
City of Redlands
Preparation of Tracer Studies For the Horace Hinckley and Henry Tate Water Treatment
Plant
Scope of Services
The Scope of Work will focus on completion of the following key objectives:
Develop individual tracer testing programs for the Henry Tate and Horace Hinckley
,Surface Water'Treatment Plants
Review the proposed tracer testing programs with DHS and obtain approval
Perform the tracer testing programs and monitor and record pertinent data.
Evaluate the results of the tracer testing programs and prepare a summary report for
each WTP
Review the findings with the City
Due to the uncertainty associated with the tinning of the tracer testing program at the Hinckley
WTP, the scope of services herein assumes that tracer testing will occur over two separate
periods, with the first tracer test being performed at the Tate WTP. A detailed scope of services
is presented below.
TASK 1.0 TRACER TESTING AT THE HENRY TATE WTP
Task 1.1 Tracer Testing Program Development
A tracer testing program will be developed. The tracer testing program will be provided to the
City and to DHS in draft form for review prior to the tracer testing being performed. Review
comments will be addressed and the tracer testing program approved by DHS prior to
commencement of the work.
Task 1.2 Onsite Tracer Testing
Tracer testing at the Tate WTP will be performed on a single reactor clarifier basin and will be
performed at a single flow rate of 10 mgd, which is the design capacity of the basin.
Hydrofluosilicic acid will be used as the tracer chemical and shall be provided to Black &
Veatch by the City. Black & Veatch will provide the fluoride analytical equipment required to
accurately measure the samples. Tracer testing will be performed in accordance with the slug-
dose method. It is anticipated that the tracer testing will be conducted for four consecutive days
d two people will be needed to conduct testing. The scope includes one 1 &V engineer to do
the testing. The scope assumes that one member of the plant staff will be available full time to
assist B&V during testing for the entire duration.
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Task 1.3 Data Analysis and Report Preparation
Data from the tracer testing program will be compiled and evaluated. A report summarizing the
results of the testing program will be prepared and submitted to the City for review. Following
receipt and resolution of review comments, five (5) copies of the final report will be prepared
and submitted to the City.
TASK 2.0 TRACER TESTING AT THE HORACE HINCKLEY WTP
Task 2.1 Tracer Testing Program Development
A tracer testing program will be developed. The tracer testing program will be provided to the
City and to DHS in draft form for review prior to the tracer testing being performed. Review
comments will be addressed and the tracer testing program approved by DHS prior to
commencement of the work.
Task 2.2 Onsite Tracer Testing
Tracer testing at the Hinckley V*rTP will be performed on a single pre-filtration basin
(flocculation and sedimentation basins) and on the 3 million gallon treated water reservoir
(Agate Reservoir). The testing of the pre-filtration basins will be performed at a single flow rate
of6i mgd, which is the design capacity of the pre-filtration basins. The testing of the treated
water reservoir will be performed at 12 mgd, which is the maximum rated capacity of the P.
Hydrofluosilicic acid will be used as the tracer chemical and shall be provided to Black &
Veatch by the City. Black & Veatch will provide the fluoride analytical equipment required to
accurately measure the samples. Tracer testing will be performed in accordance with the slug-
dose method. It is anticipated that the tracer testing will be conducted for five consecutive days
and two people will be needed to conduct testing. The scope includes one B&V engineer to do
the testing. The scope assumes that one member of the plant staff will be available full time to
assist B&V during testing for the entire duration.
Task 2.3 Data Analysis and Report Preparation
Data from the tracer testing program will be compiled and evaluated. A report summarizing the
results of the testing program will be prepared and submitted to the City for review. Following
receipt and resolution of review comments, five (5) copies of the final report will be prepared
and submitted to the City.
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EXHIBIT "B"
Project Schedule
r-.
BLACK & VEATCH
15615 Altnn Parkway,Suite 300 Blactc&Veatch
lrh*,Calilomia X618 Corporation
Tel:(90)7M-MM
Fax:(949)753-1252
Project Schedule
The tracer study will be conducted prior to June 2006. A two week lead time is needed to
procure the analytical equipment required for testing. B&V will coordinate with the City
to finalize the testing dates and project schedule.
EXHIBIT "C"
Project Fee
City of Redlands
Tracer Testing Services at Henry Tate and Horace Hinckley Surface Water Treatment Plants
Project Fee
Task Task Description g
Project Project Senior Enineer CAD Clerical/
Manager Engineer Engineer Operator Support Total Labor Cost Direct Sub- Total
Hours Expenses Consultants Cost
$185 $150 $160 $110 $90 $85
1,0 Tracer Testing at the Henry Tate Wfp-
11 Tracer Testing Program Development 0 0 6
1.2 Onsite Tracer Testing 6 0 4 16 $1,960 $140 $0 $2,100
0 2 16 16 0 2 36 $4,790 $2,180 $0 $6,970
1.3 1_.Data Analysis and Report Generation 2 2 10 8 —6 6 34 $4,200
SUBTOTAL-_TASK 1 —2 —4 3-2 3 $300 $0 $4,500
2.0 Tracer Testing at the Horace HinckleyVVyp— 6 12 86 $1_0_�950 _T2_,620 $0
$13,570
2.1 Tracer Testing Program Development 0 0 6 6
2.2 Onsite Tracer Testing 0 4 16 $1,960 $140 $0 $2,100
2 0 2 16 24 0 2 44 $5,670 $2,750 $0 $8,420
.3 Data Analysis and Report Generation 2 2 1 1 16 12 6 54
SUBTOTAL-TA—SK 2 2 4 $6,580 1 $470 I n $7,050
38 12 12 1-14 70
4 8 7q 76 18 24 200 $25,200
00
Attachment B-Tracer Study Fee.xis
PN 120535
1/20/2006
EXHIBIT "D"
Rate Schedule
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LACK & VEATCH
building a viorld of difference=s
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ENEPGY WATER iNf0RF9AT!QN G 0 V ERNMENT
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BLACK VE A CH SCHEDULE OF FEES
I BLACK & VEATC'H
2006 SCHEDULE OF FEES
Rale Family/Level 2006 Billing Rate
Principal-in-Charge Officer 190-260
08/06-08/07
Senior Project Manager PMT/013 190-220
Senior Staff Specialist 08/05 - 08/06 165
Project Manager 08/05 -08/06 185
PMT/011
Project Engineer 08/03 - 08/05 125- 15-0
Senior Engineer 08/04 - 08/05 140- 16-0
Resident Engineer 115
Staff Engineer 08/01 —08/03 105- 115
Architect 07/01 - 07/03 100— 130
Cost Estimator 04/03 - 04/05 120
Scheduler 04/03-04/05 120
Senior Technical 35/07—35/08 120
Technician 35/05 - 35/06 100
CARD Operator 35/03- 35/04 90
Administrative Support 65/01-65/05 85
(*) 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 mileage 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 10%
Black&Veatch Corporation•15-5615 Alton Parkway,Suite 300°Irvine,California 92618 IDSA•Telephone 949.753,0500•Fax 949.753,1252