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HomeMy WebLinkAboutContracts & Agreements_11-1986_CCv0001.pdf AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PROFESSIONAL SERVICES CITY OF REDLANDS MILL CREEK ROAD TRANSMISSION MAIN HYDRAULIC CAPACITY STUDY THIS IS AN AGREEMENT made as of April 1986, by and between the CITY OF REDLANDS, hereinafter referred to as the "OWNER" , and CAMP DRESSER & McKEE INC. , hereinafter referred to as "ENGINEER". OWNER employs ENGINEER to perform professional engineering servic- es, to serve as OWNER's professional engineering representative and to pro- vide professional engineering consultation and advice for a professional fee (as set forth below) in connection with a study to evaluate the in- crease in water delivery capacity from the Tate Water Treatment Plant through the existing Mill Creek Road Transmission Main that will result from the replacement of the existing 18-inch main with a new 30-inch por- tion between the Wardway Reservoir Complex and Amethyst Street as recom- mended in the OWNER' s 1984 Master Water Plan (the "ASSIGNMENT"). SECTION 1. BASIC SERVICES OF ENGINEER 1.1 ENGINEER shall perform the following professional services: 1.1.1 Consult with OWNER to clarify and define OWNER's requirements for the ASSIGNMENT and review available data. 1.1.2Advise OWNER as to the necessity of OWNER's providing or obtaining from others special services and data required in connection with the ASSIGNMENT and assist OWNER in obtaining such data and services. 1.1.3 Provide analyses of OWNER' s needs with evaluation and comparative studies of prospective solutions. Page 1 of 5 1.1.4 Prepare a report, as set forth in Exhibit A, "Further Description of Basic Services, Duties of OWNER, Method of Payment and Related Matters, of ENGINEER's findings and recommendations, and furnish five (5) copies of the draft report and review it in person with OWNER. 1.2 The duties and responsibilities of ENGINEER described above are supplemented and amended as indicated in Paragraph 1 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters," which is attached to and made a part of this Agreement. SECTION 2. ADDITIONAL SERVICES 2.1 If authorized by OWNER, additional services related to the ASSIGN- MENT will be performed by ENGINEER for an additional professional fee as the parties may subsequently agree. SECTION 3. OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER. 3.1 Provide all criteria and full information as to OWNER's requirements for the Assignment and designate in writing a person with authority to act on OWNER' s behalf on all matters concerning the Assignment. 3.2 Furnish to ENGINEER all existing studies, reports and other available data pertinent to the ASSIGNMENT, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and fur- nish to ENGINEER services of others required for the performance of ENGINEER's services hereunder, and ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. 3.3 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder. 3.4 Perform such other functions as are indicated in Paragraph 2 of Exhibit A "Further Description of Basic Services, Duties of Owner Method of Payment and Related Matters." 3.5 Bear all costs incident to compliance with the requirements of this Section 3. Page 2 of 5 SECTION 4. PERIOD OF SERVICE 4.1 ENGINEER' s Basic Services will be performed and the Report submitted within the time period or by the date stipulated in paragrpah 3 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." 4.2 ENGINEER' s Basic Services under this Agreement will be considered complete at the earlier of (1) the date when the Report is accepted by OWNER or (2) thirty days after the date when the final version of the Report is submitted for final acceptance, plus in each case, if applicable, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the Report. 4.3 ENGINEER' s Additional Services will be performed and completed within the time period agreed to in writing by the parties at the time such services are authorized. 4.4 If any time period within or date by which any of ENGINEER' s services are to be completed is exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation and the time for comple- tion of performance shall be subject to equitable adjustment. SECTION 5. PAYMENTS TO ENGINEER 5.1 OWNER shall pay ENGINEER for services rendered hereunder as indicated in Paragraph 4 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." 5.2 ENGINEER shall submit monthly statements for Basic and Additional Services rendered. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.3 ENGINEER' s above charges are on the basis of prompt payment of state- ments rendered and continuous progress of the work on the Assignment until submission of the Report. 5.4 If OWNER fails to make any payment due ENGINEER for services and expenses within sixty days after receipt of ENGINEER's statement therefor, the amount due ENGINEER shall include a charge at the rate of 1.0 percent per month from said sixtieth day, and in addition ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. Page 3 of 5 SECTION 6. COST CONTROL 6.1 OWNER's budgetary requirements and considerations in respect of the Assignment are set forth in Paragraph 5 of Exhibit A "Further Des- cription of Basic Services, Duties of Owner, Method of Payment and Related Matters." 6.2 Opinions of probable construction cast, financial evaluations, feasi- bility studies, economic analyses of alternate solutions and utili- tarian considerations of operations and maintenance costs prepared b ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an ex- perienced and qualified design professional . It is recognized, how- ever, that ENGINEER dries not have control over the cost of labor, material , equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report mast of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. SECTION 7. GENERAL CONSIDERATIONS 7.1 All documents prepared or furnished by ENGINEER (and ENGINEER' s inde- pendent professional associates, subcontractors, and consultants) pursuant to this Agreement` are instruments of service and ENGINEER shall retain an ownership and property interest therein. OWNER may make and retain copies of information and reference; however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse without written verification or adapta- tion by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates, subcontractors, or consultants, and OWNER shall indemnify and Bold harmless ENGINEER and ENGINEER's independent professional associates, subcontractors, and consutlants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensa- tion at rates to be agreed upon by OWNER and ENGINEER. 7.2 The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accord- ance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Page 4 of 5 7.3 OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.4 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agree- ment. 7.4 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifi- cally stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this para- graph shall prevent ENGINEER from employing such independent profes- sional associates, subcontractors, and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.5 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.6 This Agreement (consisting of five pages) together with Exhibit A (consisting of five pages) and Exhibit B (consisting of one page) constitute the entire Agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: CITY OF REDLANDS CAMP DRESSE McKEE c. By By: Mayor, City of Redlands —A!Ts­oc i-a_t e ATTEST: Page 5 of 5 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PROFESSIONAL SERVICES CITY OF REDLANDS MILL CREEK ROAD TRANSMISSION MAIN HYDRAULIC CAPACITY STUDY This is an exhibit attached to and made part of the Agreement dated April , 1986 between the City of Redlands (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for study and report professional services. 1. The Basic Services of the ENGINEER as described in Section I of said Agreement are amended and supplemented as follows:- Task 1: Collect and Review Project Information ENGINEER will meet with the OWNER' s engineering and water system O&M staff to collect water distribution system physical and operational information and data that will be needed to undertake the proposed study. The collect- ed system information will then be reviewed to extract that information and data that is directly applicable to the transmision main hydraulic capacity evaluation. Task 2: Establish Transmission Main Hydraulic Control The Mill Creek Road Transmission Main flows partially full for a short portion of its length from its point of discharge from the Tate Water Treatment Plant. Because of this initial gravity flow conditions, it will be necessary to establish the downstream pressure zone hydraulic gradient control in order to evaluate the hydraulic capacity of the transmission Page 1 of 5 main. The ENGINEER' s work under this task will establish the downstream pressure zone hydraulic control based on existing available distribution system information obtained in Task 1. The pressure zone hydraulic control evaluation will include only the Mentone Boulevard Main from Amethyst Street to the pressure reducing station just east of the Crafton Well , and the Country Club Reservoir Main from Amethyst Street to the reservoir. The hydraulic impacts of the East Lugonia Wells No. 4 and No. 6 will be neglec- ted in the evaluation because of their limited use. The pressure zone operation impacts of the Fifth Avenue Reservoir will be included in the analysis to the extent possible, based on information provided by the OWNER. This effort does not include the modelling of either the OWNER' s 1900 and/or 2100 pressure zones to determine the demands and flow splits between the two downstream transmission mains. Once the downstream pressure zone hydraulic control has been established, the ENGINEER will review it with the OWNER' s engineering staff before the transmission main hydraulic capacity calculations are started. Task 3: Evaluate Hydraulic Capacity of Mill Creek Road Transmission Main Once the downstream pressure zone hydraulic control has been established and agreed upon with the OWNER, the ENGINEER will determine the maximum hydraulic capacity for the Mill Creek Road Transmission Main between Amethyst Street and the Tate Water Treatment Plant. The hydraulic capacity analysis will consider the following two senerios: 1. Existing 24-inch and 18-inch transmission main between the two points of analysis. 2. Existing 24-inch transmission main from the Tate Water Treatment Plant to Wardway Reservoir, and a new 30-inch replacement main from Wardway Reservoir to Amethyst Street. Page 2 of 5 The analysis will consider flows between the existing 12 MGD flow and 20 MGD flow which corresponds to the maximum treatment capacity of the Tate Treatment Plant. Pipeline friction coefficients used in the hydraulic capacity analysis will be established with the OWNER's engineering staff. Task 4: Prepare Study Report This Task effort covers the preparation of a brief letter report that will describe the ASSIGNMENT hydraulic analysis approach and its results and conclusions. The OWNER will be provided with five (5) copies of the draft version of the letter report to review. A final version of the report will be prepared if required, that will incorporate the OWNER' s review comments. The ENGINEER will provide the OWNER with fifteen (15) copies of the final version of the letter report. 2. The responsibilities of the OWNER as described in Section 3 of said Agreement are amended and supplemented as follows: The OWNER shall provide the ENGINEER with the items listed below, as a minimum, to assist the ENGINEER in his work on the ASSIGNMENT. A. Copy of the OWNER' s 1981 Water Master Plan Report and the 1984 updated report. B. Copy of the Tate Water Treatment Plant effluent discharge facility drawings. C. Copy of the Mill Creek Road Transmission Main construction draw- ings, if they are available, as well as other pipeline construct- ion information pertinent to the ASSIGNMENT. D. Water distribution system flow and operational information for the Mentone Boulevard Main and pressure reducing stations, Fifth Ave- nue Reservoir, Country Club Reservoir and the transmission line leading from the Mill Creek Transmission Main to the reservoir. E. Provide ENGINEER with requested information within a reasonable time so as not to delay the services of the ENGINEER. Page 3 of 5 F Provide such legal , accounting, and other counseling services as may be required for the ASSIGNMENT. 3. The time period for the performance of the ENGINEER's services as set forth in Section 4 of said Agreement are amended and supplemented as follows: The ASSIGNMENT will be completed, and the draft report submitted to the OWNER within fourteen (14) calendar-days of the date of execution of the Agreement. The final version of the report will be submitted promptly after receipt of draft report review comments from the OWNER. 4. The method of payment for services rendered by the ENGINEER shall be as set forth below: For the engineering services to be performed under this Agreement, the ENGINEER shall be compensated for his incurred salary expenses at the hourly rates set forth in Exhibit "B" , "Billing Rate Schedule", attach- ed hereto and by reference incorporated herein and made a part hereof. The ENGINEER' s standard billing rates shall be revised on January 1 of each year that this Agreement is in affect so that they reflect his most current billing rates. The OWNER shall also compensate the ENGINEER for all of his direct non-salary expenses incurred during the performance of the work on the ASSIGNMENT at cost plus ten percent. Direct non-salary expenses shall include, but not be limited to the following items: telephone expenses; reproduction, copying, printing and binding expenses; mailing and ship- ping expenses; automobile mileage expenses; subcontractor expenses; computer and word processor expenses, and other miscellaneous expenses that are incurred as a result of the performance of the ASSIGNMENT. Page 4 of 5 The maximum amount of compensation to be paid to the ENGINEER by the OWNER for professional services rendered shall not exceed Six Thousand Four Hundred Dollars ($6,400) . Invoices submitted by the ENGINEER each month shall include billings for labor charges and direct project non-salary expenses incurred by the ENGINEER during each month of services rendered to OWNER in con- formance with this Agreement. Labor Charges shall be based on ENGI- NEER's standard "Billing Rate Schedule" that is attached as Exhibit B to this Agreement. ENGINEER shall keep records on all services and costs, and shall make them available for review and audit if requested by OWNER. The ENGINEER shall be compensated for all OWNER requested or approved special services in accordance with the provisions of this Agreement. The not-to-exceed fee for the special services performed by the ENGI- NEER shall be set forth in the OWNER' s written authorization to proceed with the work. 5. OWNER has established the following special provisions and/or condi- tions or requirements for this ASSIGNMENT: The ASSIGNMENT compensation limit shall not be exceeded by the ENGINEER without written approval to do so by the OWNER. Page 5 of 5 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL STUDY AND REPORT SERVICES CITY OF REDLANDS MILL CREEK ROAD TRANSMISSION MAIN HYDRAULIC CAPACITY STUDY BILLING RATE SCHEDULE Effective January, 1986 PROFESSIONAL AND SUPPORT SERVICES Vice President/Sr. Consultants $ 90.00 - $130.00 Associate 85.00 - $110-00 Principal Engineer/Scientist 85.00 - 100.00 Supervising Engineer/Scientist 65.00 - 95.00 Senior Engineer/Scientist 55.00 - 85.00 Construction Resident Engineer 5 A - 85.00 Construction Resident Inspector 35.00 - 75.00 Associate Engineer/Scientist 45.00 - 75.00 Staff Engineer/Scientist 35.00 - 55.00 Draftsperson/Designer 35.00 - 65.00 Rate Specialist 55.00 - 90.00 Technical Editor 20.00 - 40.00 Administrative Assistant 35.00 - 55.00 Technician/Clerk 20.00 - 40.00 Secretary/Word Processor 25.00 - 40.00 OTHER DIRECT COSTS Other reimbursable direct costs shall be billed at 1.1. times actual cost to cover the cost of general and administrative expenses and handling. These reimbursable costs include, but are not limited to: Travel: Air Fare, Auto Rental , Local Mileage ($.20/mile) Subsistence: Lodging and Meals Communications: Long Distance Telephone, Postage and Federal Express Printing: Internal Reproduction ($.15/sheet); Outside Printing Services Computer and Word Processing Services Consultant and Subcontracted Services Equipment Rental Page 1 of 1