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HomeMy WebLinkAboutContracts & Agreements_93-2002_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE PERFORMANCE OF A HYDRAULIC DISTRIBUTION MODEL EVALUATION OF A PROPOSED WELLFIELD AND RESERVOIR This Agreement is made and entered into this 18th day of June 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and CH2MHiIl, (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 a Hydraulic Distribution Model Evaluation of a Proposed Wellfield and Reservoir ("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. ........... Hydraulic Distribution Model Evaluation Agreement June 18, 2002 Page 2 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. 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 $14,161. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled 'Troject, 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 Eva Plazjer Municipal Utilities Department 701 B Street, Suite 550 35 Cajon Street San Diego, CA 92101 P. O. Box 3005 Redlands, CA 92373 Hydraulic Distribution Model Evaluation Agreement June 18, 2002 Page 3 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 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 Hydraulic Distribution Model Evaluation Agreement June 18, 2002 Page 4 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. 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 Assignment. 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, Zn 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 primar- y 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 Hydraulic Distribution Model Evaluation Agreement June 18, 2002 Page 5 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. 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: Eva Plajzer 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 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 h G Hydraulic Distribution Model Evaluation Agreement June 18, 2002 Page 6 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. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands, CH2MHil1 ("City") ("Consultant") "Consultant") By. B KARL N. (KASEY) HAWS y Mayor Title: Vice resident Attest' Lorr v Payzer y Clerk Hydraulic Distribution Model Evaluation of Proposed Well Field For City of Redlands Attachment A Scope of Work Purpose The City of Redlands has identified potential groundwater supply sources to replace sources that have been lost due to contamination or other reason. In order to fully determine the impact of these new sources on the system, existing and proposed facilities need to be evaluated. In 1998,CH2M HILL prepared the Water Facilities Master Plan. During the preparation of this Plan,CH2M HILL developed a static hydraulic model of the City's distribution system. The model was developed in LYNX,a MircoStation-based interface platform to EPANET Version 1 hydraulic engine. The model is only current as of 1996,the year is was built. The model is actually 2 models-one for 1999 representing near term conditions and one for 2007 representing longer-term conditions. The purpose of this scope of services is to provide an outline of level of effort required to model a new well field and any improvements that could be required throughout the system. Scope Task 1 -Model Translation Since the development of the original model,significant development in tools for distribution modeling have occurred. These new tools allow for greater flexibility,exhibit preparation,and stronger hydraulic analysis. Most commercially available tools rely on U.S. EPA's EPANET version 2 as the hydraulic engine with very sophisticated user interfaces. CH2M HILL will translate the current hydraulic model into H20NET,a modeling platform sold by MWH Soft,Inc. The model translation will be performed on the 2007 portion as to include all proposed facilities. After the translation is complete,a scenario within the model will be added to represent the near term condition. Task 2-Update Model Data Since the distribution network is only current as of 1996, the model will be updated with new system elements that have been added since. One meeting with City staff is proposed to go over the system and to make changes. Demands will also be verified. Currently, the models are set up as such: • The 1999 model scenario was set up for a maximum day demand of 53.2 mgd. • The 2007 model scenario was set for a maximum day demand of 81 mgd. Significant changes to demands are not foreseen. Task 3-Scenario Analysis In this task well field scenarios will be set up, evaluated, and documented. At this time, these scenarios are proposed under the 2007 demand scenario: 1. A new 3.9 million gallon (MG) tank with 8 mgd coming from the well field 2. A new 3.9 MG tank with 12 mgd coming from the well field 3. Two-3.9 MG tanks with 8 mgd coming from the well field 4. Two-3.9 MG tanks with 12 mgd coming from the well field The set up of these scenarios will include adding proposed facilities to the model,running preliminary analysis to identify weak points in the system, and proposing of preliminary improvements. The improvements will be evaluated against operational criteria and pressure needs in the system. Operational criteria and pressure needs will be discussed with The City staff before modeling will commence. A technical memorandum will be prepared to document the finding of the model analysis. Hydraulic Distribution Model Evaluation of Proposed Well Field For City of Redlands Attachment B Schedule A technical memorandum is expected to be submitted within 60 days from the time notice to proceed is received. Work under this scope terminates on December 31,2002. n Hydraulic Distribution Model Evaluation of Proposed Well Field For City of Redlands Attachment C Fee The fee for this scope is based on the hourly rates shown in Attachment D. The fee will not exceed$14,161 without prior written approval of the City Council. Hydraulic Distribution Model Evaluation of Proposed Well Field For City of Redlands Attachment D CH2M Hill 2002 Hourly Charge Rates for Professionals and Technicians` Classification Hourly Rate Principal/Senior Consultant/Program Mgr $184 Senior Project Manager $162 Project Manager/Construction Mgr. $149 Sr. Engineer/Scientist $149 Task Mgr./Project Engineer/Assoc. Proj. Mgr. $134 Contracts/Procurement $129 Assoc. Engineer/Scientist/Planner $111 Resident Engineer $111 Staff Engineer/Scientist/Planner $92 Senior Inspector $92 Senior Technician $108 Staff Technician $84 Junior Technician $68 Technical Editor $84 Administration/Accounting $67 Administrative Aide $57 *Rates are subject to adjustment on January T, 2003, Additional charges for computers and communications will apply.