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HomeMy WebLinkAboutContracts & Agreements_41-1985_CCv0001.pdf CDMICD AMP DRESSER & McKEE INC. envircrnamentat ineers,s�rent¢sts, 337 forth Vineyard Avenue, Suite 103 pianners,6 management rsuttarts Ontario,California 91764 Q\ 714 tt t ` 19,6 ` PUBLIC WORKS March 6, 1986ir Mr. John A. Donnelly Public Works Director Public Works Department City of Redlands 30 Cajon Street Redlands, California 92372 Water Transmission Pipeline and Booster Pump Station Dear Mr. Donnelly: I am transmitting to you four revised copies of the engineering services contract for the water transmission pipeline and booster pump station project. The document has been revised to reflect City requested changes, as well as these that resulted from our Corporate review. The following changes were rude to the enclosed contract documents: Agreement: 1. Controlling Laws, Section 7.6 The section wording was changed so that the agreement will be governed by the laws of the State of California instead of the principal place of business of the engineer. Exhibit A: 1. Final Design Phase - Task 1 Deleted the paragraph that referred to the number and types of drawings the final design budget was based on. . Final Design Phase - Task 2 Changed the task title from "Final Design Cost Estimate" to "Opinion of Probable Cost." Exhibit B: 1. Changed the title of Exhibit B from "Time and Materials Billing Schedule" to "Billing Rate Schedule." Mr. John A. Donnelly CAMP DRESSER & Mc EE INC City of Redlands March 6, 1986 Page 2 The four enclosed copies of the contract have been signed to allow the City to execute the document provided everything is in order. If further changes are needed, return one marked up copy of the contract that contains the desired changes. Otherwise, please return two fully-signed copies of the contract to us. Feel free to call if you have any questions. Sincerely CAMP E ER & M E C. CAMP M. Smith Associate DMS/ph:28 Enclosures cc: Kevin P. Hunt, CDM Irvine AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES DURING DESIGN AND CONSTRUCTION CITY OF REDLANDS WATER TRANSMISSION PIPELINE AND BOOSTER PUMP STATION This AGREEMENT, made and entered into this 18th day of March, 1986, by and between the CITY OF REDLANDS, hereinafter referred to as the "OWNER", and CAMP DRESSER & McKEE INC. with an office located at 337 North Vineyard Avenue, Suite 103, Ontario, California, hereinafter referred to as "ENGINEER" . The OWNER desires to design and construct approximately 25,500 feet of 30-inch diameter water transmission main from the OWNER' s Agate Avenue Reservoir to their Highland Avenue Reservoir Complex and a booster pump station in the vicinity of the Highland Avenue Complex to pump water from the water transmission main to the OWNER' s 1750 pressure zone. OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER, as set forth below. ENGINEER shall serve as OWNER' s professional engineering repre- sentative on the Project to which this Agreement applies and will give consultation and advice to OWNER during the performance of his services. Page 1 of 12 SECTION 1. BASIC SERVICES OF ENGINEER 1.1 General 1.1.1 The project professional engineering services shall be provided in three phases. The first, or preliminary design phase, shall evaluate the available routes for the water transmission main to select the most desirable and economical route, evaluate potential booster pump station sites to select the most practical site in relation to the pipeline route and the pump station' s point-of-delivery to the 1750 zone; select the most economical pump type and operation to pump water from the transmission main to the 1750 zone; develop the recommended facility preliminary designs and develop an estimate of the construction costs for the recommended facilities. The second phase of the project shall involve the development of the final design of the recommended facilities and preparation of the con- tract drawings and specifications and final design con- struction cost estimate. The third phase of the project shall involve the provision of construction support and field inspection services during the construction phase of the project. 1.1.2 ENGINEER shall perform professional services as herein- after stated which include customary civil , structural , mechanical and electrical engineering services and custo- mary architectural services incidental thereto. 1.1.3 The specific basic professional engineering services to be provided by the ENGINEER shall be as defined in Exhibit A to this Agreement. SECTION 2. SPECIAL SERVICES OF ENGINEER 2.1 General If authorized in writing by OWNER, ENGINEER shall furnish or ob- tain from others Special Services of the following types which are not considered normal or customary Basic Services except to the extent provided otherwise in Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related matters"; these will be paid for by OWNER as indicated in Section 5. Page 2 of 12 2.1.1 Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project; and any other applications or submittals and supporting documents required by governmental agencies not indicated in Exhibit A to this Agreement. 2.1.2 Services to make measured drawings of or to investigate existing conditions or facilities or to verify the ac- curacy of drawings or other information furnished by OWNER. 2.1.3 Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, OWNER' s schedule, or charac- ter of construction or method of financing; and revising previously accepted studies, reports, design, documents or Contract Documents when such revisions are due to causes beyond ENGINEER' s control-. 2.1.4 Providing renderings or models for OWNER's use. 2.1.5 Investigations involving value engineering, detailed con- sideration of operations, maintenance and overhead expen- ses; and the preparation of rate schedules, earnings and expense statements, special feasibility studies, apprai- sals and valuations; special detailed quantity surveys of material , equipment and labor; assistance in obtaining financing for the project; and audits or inventories required in connection with construction performed by OWNER. 2.1.6 Furnishing the services of special consultants for other than the normal civil , structural , mechanical and electri- cal engineering and normal architectural design incidental thereto, such as consultants for interior design, selec- tion of furniture and furnishings, and landscaping. 2.1.7 Services in connection with changes requested by OWNER, or change orders to reflect changes requested by the OWNER, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material , equipment or energy shortages. Page 3 of 12 2.1.8 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause dur- ing construction, (2) a significant amount of defective or neglected work of Contractor(s) , (3) prologation of the construction time of any prime contract by more than sixty days, (4) acceleration of the progress schedule involving services beyond normal working hours, (5) default by any Contractor, and (6) rebidding. 2.1.9 Preparation of operating and maintenance and staffing manuals , protracted or extensive assistance in the utilization of any equipment or system (such as initial startup, testing, adjusting and balancing); and training personnel for operation and maintenance. 2.1.10 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed discrepancies under guarantees called for in any contract for the Project. 2.1.11 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, public hearing, or other legal or administrative proceeding involving the Project. 2.1.12 Additional services in connection with the Project, in- cluding services not normally furnished by OWNER and services not otherwise provided for in this Agreement. SECTION 3. OWNER'S RESPONSIBILITY OWNER shall : 3.1 Provide full information as to his requirements for the Project. 3.2 Assist ENGINEER by placing at his disposal all available informa- tion pertinent to the Project, including previous reports and any other data relative to design and construction of the Project. 3.3 Furnish to ENGINEER, as required by him for performance of his Basic Services (except to the extent provided otherwise in Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters") , data prepared by or services of others, including without limitation core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate Page 4 of 12 professional interpretations of all of the foregoing; environment- al assessment and impact statements, property, boundary, easement, right-of-way, topographic and utility surveys; property descrip- tions; zoning, deed and other land restrictions; and other special data or consultations not covered in Section 2, all of which ENGI- NEER may rely upon in performing his services. 3.4 Provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants as required by the ENGINEER. 3.5 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services. 3.6 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as he deems appropriate for such examination and render in writing deci- sions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.7 Provide such legal , accounting, insurance and other counseling services as may be required for the Project. 3.8 Designate in writing a person to act as OWNER' s representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instruc- tions, receive information, interpret and define OWNER' s policies and decisions with respect to materials, equipment, elements and systems pertinent to ENGINEER's services. 3.9 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect in the work of Contractor(s) . 3.10 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.11 Furnish or direct ENGINEER to provide necessary Special Services as stipulated in Section 2 of this Agreement or other services as required in a timely manner so as to not delay the Engineer in the performance of his services. 3.12 Bear all costs incident to compliance with the requirements of this Section 3. Page 5 of 12 SECTION 4. PERIOD OF SERVICE 4.1 ENGINEER shall proceed with the professional engineering services set forth in Paragraph I of Exhibit A. "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters," upon receipt of written notice to proceed from the OWNER, and shall undertake and complete the work in accordance with the schedule set forth in Paragraph 4 of Exhibit A. 4.2 If OWNER has requested significant modifications or changes in the extent of the Project, the time of performance of ENGINEER' s services and his various rates of compensation shall be adjusted appropriately. 4.3 If ENGINEER' s services for this project are delayed or suspended in whole or in part by OWNER for more than three months for reas- ons beyond ENGINEER's control , ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid in full for all services rendered to date of delay or suspension. If such delay or suspension extends for more than three months for reasons beyond ENGINEER' s control , the various rates of compensation pro- vided for elsewhere in this Agreement shall be subject to renego- tiation. SECTION 5. PAYMENTS TO ENGINEER 5.1 Methods of Payment for Services and Expenses of ENGINEER 5.1.1 Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 as stated in Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters". 5.1.2 Special Services. OWNER shall pay ENGINEER for Special Services rendered under Section 2 as stated in Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters". 5.2 Times of Payment 5.2.1 ENGINEER shall submit monthly statements for Basic and Special Services rendered. OWNER shall make prompt month- ly payments in response to ENGINEER' s monthly payments. 5.2.2 If OWNER fails to make any payment due ENGINEER for services and expenses within sixty days after receipt of ENGINEER' s bill therefor, the amounts due ENGINEER shall include a charge at the rate of one percent per month from Page 6 of 12 said sixtieth day, and in addition ENGINEER may, after giving seven days written notice to OWNER, suspend servic- es under this Agreement until he has been paid in full all amounts due him for services and expenses. SECTION 6. INSURANCE AND INDEMNIFICATION 6.1 ENGINEER shall maintain insurance to protect OWNER from any and all claims under the Worker' s Compensation Laws; and from general liability claims for bodily injury, or death, or property damage which may arise from negligent performance by ENGINEER' s employ- ees, agents, successors, and assigns while performing the services covered by this Agreement. Said public liability and property damage insurance shall be in a minimum Combined Single Limit of one half million dollars ($500,000) per occurrence. 6.2 ENGINEER agrees to maintain Professional Liability Insurance to protect OWNER from ENGINEER' s negligent acts, errors, or omissions of a professional nature; the total aggregate of ENGINEER' s pro- fessional liability insurance coverage shall be a minimum of one hundred thousand dollars ($100,000) . 6.3 ENGINEER shall indemnify and hold OWNER harmless from any and all claims, demands, actions, attorney' s fees, costs, and expenses based upon or arising out of negligent errors, omissions, or acts of ENGINEER or its associates, employees, subcontractors, or other agents while performing services under this Agreement. SECTION 7. GENERAL CONSIDERATIONS 7.1 Termination This Agreement may be terminated by either party upon ten days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the Agreement is terminated under the terms of this Paragraph by either party, the ENGINEER shall be paid for services performed to the termination notice date plus reasonable related costs incurred due to termination of this Agreement, including all direct project non-labor costs and subcontractor costs. The project cost reimbursement due the ENGINEER shall be determined in accordance with Section 5 provi- sions of this Agreement. In the event the Agreement is terminated by either party, all project finished and inprogress work , geotechnical reports , studies, topographic and other maps, utility and street improve- ment information in the possession of the ENGINEER shall become Page 7 of 12 the property of the OWNER, and the ENGINEER shall deliver such items to the OWNER, after the ENGINEER has been paid for services performed to the termination notice date, plus reasonable related costs incurred due to termination of the Agreement as set forth in the preceeding paragraph. 7.2 Reuse of Documents All documents including Drawings and Specifications furnished by ENGINEER pursuant to this Agreement are instruments of his servic- es in respect of the Project. They are not intended or represent- ed to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any such reuse without spec- ific written verification or adaptation by ENGINEER will be at OWNER' s sole risk and without liability or legal exposure to ENGI- NEER; and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorney' s fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3 Estimates of Cost Since ENGINEER has no control over the cost of labor, materials, or equipment, or over the Contractor(s) methods of determining prices, or over competititve bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qual- ifications and represent his best judgment as a design profession- al familiar with the construction industry but ENGINEER cannot and does not guarantee that proposals, bids or the Construction Cost will not vary from opinions of probable cost prepared by him. 7.4 Arbitration 7.4.1 All claims, counter-claims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations stated in Paragraphs 7.4.3 and 7.4.5 below. This agree- ment so to arbitrate and any other agreement or consent to arbitrate entered into in accordance therewith as provided in this Paragraph 7.4 will be specifically enforceable under the prevailing law of any court having jurisdiction. Page 8 of 12 7.4.2 Notice of Remand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.4.3 All demands for arbitration and all answering statements thereto whl*c-h include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs) . The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning any claim, counter-claim, dispute or other matter in question where the amount in controversy thereof is more than $200,000 (exclusive of interest and costs) or to render a monetary award in response thereto against any party which totals more than $'200,000 (exclusive of interest and costs) . 7.4.4 Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of ,limitations. 7.4.5 No arbitration arising out of or relating to this Agree- ment may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement. 7.4.6 By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in Paragraphs 7.4.3 and 7.4.5 pay be waived in whole or in part as to any claim, counter-claim, dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described claim, counter-claim, dispute or other matter in question which is not specifi- cally described in such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of inter- est and costs) or which is with any party not specifically described therein. Page 9 of 12 7.4.7 The award rendered by the arbitrators will be final , not subject to appeal , and judgment may be entered upon it in any court having jurisdiction thereof. 7.5 Successors and Assigns OWNER and ENGINEER each binds himself and his partners, succes- sors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, admini- strators, and assigns of such other party, in respect to all cov- enants of this Agreement; except as above, neither OWNER nor ENGI- NEER shall assign, sublet or transfer his interest in this Agree- ment without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than OWNER and ENGINEER. 7.6 Controlling Laws This Agreement is to be governed by the laws of the State of California. 7.7 Instructions to Engineer In the performance of the work required under this Agreement, the ENGINEER shall report to and receive instructions from the OWNER, through his duly assigned project representative. 7.8 Documents It is understood and agreed by and between the parties that all documents, records, drawings, designs and specifications, cost estimates and other project documents developed by ENGINEER pur- suant to this Agreement, shall become the property of OWNER and shall be delivered to OWNER upon completion of the services. 7.9 Attorneys Fees In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in addition to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus a reasonable amount for attorney' s fees. Page 10 of 12 7.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns; provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 7.11 Notices Any notice of instrument required to be given or delivered by this Agreement may be given or delivered by personal delivery or by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: OWNER: City of Redlands P.O. Box 280 Redlands, CA 92372 Attention: Mr. John A. Donnelly, Public Works Director ENGINEER: Camp Dresser & McKee Inc. 337 N. Vineyard Ave. , Suite 103 Ontario, CA 91764 Attention: Mr. Dennis M. Smith, Associate and shall be effective upon receipt thereof. 7.12 Project Organization Key project personnel that are to be involved in this project are identified below: Donald E. Evenson, P.E. , Vice President, will be the ENGINEER's Officer-in-Charge. Kevin P. Hunt, P.E., Associate, will be the ENGINEER' s Project Manager. The Project Manager shall be respon- sible for the competent performance of the engineering services furnished under this Agreement. Dennis M. Smith, P.E. , Associate, will be the ENGINEER'S Project Engineer. The Project Engineer will be responsible for the technical merits of the project and the day-to-day performance of the work on the project in accord- ance with the scope of work set forth in Exhibit "A". Other key personnel of the ENGINEER that are scheduled to be involved in the project are: Page 11 of 12 Craig Von Bargen, P.E. , Instrumentation and Mechanical Richard E. Steele, P.E. , Structural Charles A. Lindquist, P.E. , Electrical Mark D. Ryan, P.E. , Civil and Construction Zoltan J . Varga, P.E. , Quality Control Design Steven G. Cabrol , P.E. Quality Control Construction ENGINEER' s substitue of any of the key project personnel listed above shall be requested in writing, and shall only be made upon receipt of written approval to allow the requested substitute from the OWNER. 7.13 Integration This Agreement represents the entire understanding of City and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the City and the ENGINEER. This Agreement (consisting of twelve pages) , together with Exhibit A (consisting of sixteen pages) and Exhibit B (consisting of one page) constitue the entire Agreement between the ENGINEER and OWNER and supersedes all written and oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, said parties have executed this Agreement on the date first hereinabove written. CITY: ENGINEER: CITY OF REDLANDS CAMP DRESSER �IcKEE C. By: cal-7 , By—/ Mayor, f y-76TRedlands AssYclate ATTEST: By r Vf z;'XA 1 Tf 1�—C11`'—lerk v/dil Page 12 of 12 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES DURING DESIGN AND CONSTRUCTION CITY OF REDLANDS WATER TRANSMISSION PIPELINE AND BOOSTER PUMP STATION This is an exhibit attached to and made a part of the Agreement dated March 18, 5 1986 between the City of Redlands (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for design and construction professional services. 1. The Basic and Special Services of ENGINEER as described in Sec- tions 1 and 2 of said Agreement are amended and supplemented as follows: PRELIMINARY DESIGN PHASE Task 1. Initial Project Meetinq and Collection and Review of Project Information The ENGINEER will meet with the OWNER' s Public Works Department engineering staff and water utility operations and maintenance personnel to develop water transmission pipeline and booster pump station design objectives and criteria, and the operational relationships (water delivery and control ) between the project facilities and the 1750 Pressure Zone and Highland Avenue Complex facilities. At this meeting, the OWNER shall also identify his project representative that will have authority to transmit instruc- tions, receive information, interpret and define OWNER' s policies and make decisions with respect to the project facilities being designed. Page 1 of 16 The ENGINEER will also collect and review all information and data perti- nent to the selection of the water transmission pipeline route and booster pump station site, and the development of the preliminary designs for the water transmission pipeline, booster pump station (including controls) and the tie-in facilities for the pipeline at the Agate Reservoir and Highland Avenue Complex. Task 2. Water Transmission Pipeline Route Analysis The ENGINEER will evaluate a maximum of three alternate pipeline routes to select the most economical route with minimal impacts to the City. One of the routes will be the Master Plan route. The other two alternative pipe- line routes will be developed based on the ENGINEER' s reconnaisance of the project area and discussions with the OWNER' s staff. The evaluation of the alternative pipeline routes identified will be con- ducted by the ENGINEER through the use of a selection matrix. The matrix evaluation criteria and their weighting will be developed in consultation with the OWNER' s staff. The pipeline route evaluation criteria will include, but not be limited to, the following: 1. Facility Capital Costs 2. Facility Operation and Maintenance Costs 3. Utility Interferences 4. Public Safety 5. Traffic Impacts 6. Construction Permits 7. Hydraulics 8. Right-of-Way Requirements 9. Environmental Impacts as Identified in Documents Prepared by Others Page 2 of 16 At the conclusion of the work under this task, the ENGINEER will meet with the OWNER's staff to review the route evaluation facts and methodology and present the recommended pipeline route. Task 3. Booster Pump Station Site Analysis Concurrent with the water transmission pipeline route analysis, the ENGI- NEER will evaluate a maximum of two potential sites for the booster pump station to select the most economical site. One of the pump station sites to be evaluated will be within the Highland Avenue Complex, while the second site will either be a remote site or another site within the Highland Avenue Complex. The site evaluation will take into consideration the following: 1. Location relative to the pipeline routes under consider- ation and point-of-delivery to the 1750 Zone. 2. Site acquisition costs 3. Pipeline hydraulics 4. System control interfaces with the Highland Avenue Complex and ot , er project facilities. At the conclusion of this task, the ENGINEER will review the pump station site selection methodology and will present the recommended booster pump station site to the OWNER' s staff during the Task 2 findings and recom- mendation meeting. Task 4. Pressure Zone Computer Model The ENGINEER will use 1750 Pressure Zone land use, development, water consumption, pressure fluctuation and other information provided by the OWNER under Task 1, and his existing water distribution system computer model to calculate anticipated water demand and pressure fluctuation for the 1750 Pressure Zone on a 24-hour operation cycle for maximum, average and minimum day conditions. The computer simulated pressure zone demand Page 3 of 16 and pressure fluctuations and the pipeline hydraulics will be used to select the most economical • type of pump for the booster pump station. Horizontal centrifugal and vertical turbiNe pump types will be compared based on a representative average head capacity and pump efficiency data for each type of pump. The system operational information produced by the computer simulation will also be used in Task 5 to develop the pump station control system concepts. Task 5. Develop Water Transmission Pipeline and Booster Pump Station Pre I i ff—imary- D e s=' The ENGINEER will devlop the water transmission pipeline and booster pump station preliminary design based on the project objectives and design criteria established in Task 1; the recommended pipeline route and pump station site developed in Tasks 2 and 3, respectively, and the pump station hydraulics and pump selection from Task 4. The water transmission pipeline delivery capacity and pipe diameter have been established in the 1980 Water Master Plan. This established criteria will be used by the ENGINEER to develop the water transmission pipeline preliminary design which will include the following: 1. Facility design criteria, including proposed types of pipes and classes. 2. Plan alignment of the recommended pipeline route. 3. Pipeline profile showing known utilities, pipeline vertical alignment, hydraulic grade line and approximate locations of proposed appurtenances. 4. Railroad crossing requirements. 5. Special construction considerations. 6. Additional right-of-way, if required. Page 4 of 16 The booster pump station preliminary design developed under this task will include the following: 1. Pump station design criteria, including suction and discharge pipfng sizing criteria and proposed types of pipes and classes. 2. Facility plan showing the pump station connection to the water transmission pipeline, suction pipe alignment, recommended pump station site location, discharge piping alignment and the point of delivery to the 1750 Pressure Zone. 3. Type of pumps, sizing and operational staging. 4. Pump station surge requirements and control system recommendations if surge control is needed. 5. Pump station plan layout and elevations showing mechan- ical and electrical equipment locations , doors and window locations and other architectural treatments. 6. Pump station operation control system and interfaces with other project and OWNER' s water utility facilities. 7. HVAC provisions. The booster pump station is not intended to be a primary water delivery facility therefore standby power, or alternative drive equipment is not part of the project design. If the booster is to be an above-ground facility it is to be constructed as a concrete slab on grade with masonry block walls and wooden roof. The ENGINEER will meet with the OWNER' s staff at the conclusion of the work under this task to review the developed preliminary design concepts for the various project elements prior to the preparation of the project prelimi- nary design report. Page 5 of 16 Task 6. Preliminary Design Report Following the acceptance by OWNER of the project preliminary concepts developed in Task 5, the ENGINEER will prepare a preliminary design report that will describe the project facilities to be designed under the final design phase of the project. Three draft copies of the preliminary design report will be submitted to the OWNER for review and approval of the dev- eloped project design concepts. Following the OWNER' s review, a final version of the report will be prepared by ENGINEER incorporating all OWNER comments and changes agreed to between OWNER and ENGINEER. Three copies of the final preliminary design report will be provided to the OWNER. Task 7. Preliminary Design cost Estimate ENGINEER will prepare an estimate of the probable project construction costs for the project elements described in the Task 6 preliminary design report. The construction cost estimate will be included as a subsection of the preliminary design report. Task 8. Subcontract Services Following the acceptance of the recommended water transmission pipeline route and booster pump station site by OWNER, the ENGINEER will retain the services of topographic survey and geotechnical subcontractors to undertake the project topographic mapping and soils investigations required for the final design of the project faciliites. This work is being conducted during the preliminary design phase of the project (concurrent with the development of the project facility preliminary design concepts) to mini- mize the project final design time. Page 6 of 16 The project topographic survey subcontract work shall include the following: 1 Survey and set aerial control points necessary to control the aerial photographs; 2. Establish nail and flash for centerline stations at 200' intervals along the alignment and paint the stations on the street adjacent to the established points; 3. Have an aerial photography firm prepare plan and profile blanks with screened photo strips at a scale of I" - 40' two foot contour interval , including title blocks, and survey site topography for the pump station at the same scale and contour intervals as that for the pipeline; 4. Research the utility company records and delineate on the plan blanks the knownutilityfacilities that would effect the proposed design; 5. Draft in ink the street right of way on the plan blanks; 6. After the approximate alignment is determined, perform the following survey work: a. Establish bench marks and profile the street centerline and the natural ground over the pipeline at the stations previously set and at pronounced breaks; b. Locate utilities, valves, boxes and other surface features that will effect the proposed pipeline; C. Take elevations on the invert of all sewers and storm drains where possible that will effect the proposed pipeline; 7. Draft in ink on the plan blanks all important field located surface features that effect the proposed pipeline; and 8. Draft in ink on the profile blanks the street centerline profile and the profile of the natural ground over the pipeline. 9. During the construction phase of the project set pipeline and pump station control survey points and bench marks. Page 7 of 16 The project geotechnical subcontract work shall include subsurface explorations, laboratory testing, engineering analyses, and preparation of a written report. The subsurface exploration will consist of drilling test borings at maximum intervals of approximately 4,200 feet along the proposed alignment. All test borings will extend at least five feet below the pipe invert. Al- though the alignment has not been finalized, we anticipate drilling about 22 borings ranging in depth from 15 to 25 feet for the transmission main with an additional 25- to 40- foot deep boring for the pump station. All field work will be conducted under the direct supervision of a qualified geotechnical engineer or engineering geologist. Pertinent engineering properties of the foundation materials will be evalu- ated by appropriate field and laboratory tests. Representative samples will be obtained from all borings for subsequent examination and laboratory testing. All earth materials will be visually classified in the field in general conformance with the Unified Soil Classification System. Our field classifications will be verified in the laboratory by visual observations and confirming tests where necessary. We presently anticipate that the laboratory tests will include insitu dry density-moisture content, shear strength, sand equivalent, mechanical analyses, maximum dry density-optimum moisture content, soluble sulphates, and soluble chlorides. Based on engineering analyses of the field and laboratory data, a written report will be prepared. - The report will summarize the physical data acquired during the investigation in a convenient form for reference and will present recommendations and comments to aid in design of the project. The following specific items will be covered in the report. 1. Evaluation of earth materials along the pipeline alignment and at the pump station site. Page 8 of 16 2. Evaluation of groundwater effects and the necessity for dewatering during construction. 3. Allowable bearing pressures for project facilities. 4. Allowable uplift resistances. 5. Lateral earth pressures (active at-rest, and passive) and frictional resistance for design of permanent facilities. 6. Comments on pipe bedding or foundation preparation. 7. Recommended backfill standards. 8. Comments on trench excavation. 9. Lateral earth pressures against temporary shoring. 10. General discussion of the engineering seismology of the project area. FINAL DESIGN PHASE Task 1. Final Design and Preparation of Plans and Specifications The ENGINEER will develop the water transmission pipeline and booster pump station final designs for the facilities, and to the design criteria and concepts presented in the final preliminary design report, and will prepare plans and contract documents and specifications. The project facilities are to be constructed under a single construction contract. The plans will be drafted ink on mylar on OWNER furnished standard mylar sheets (24 inch by 36 inch). The plans will be drawn to ENGINEER's draft- ing standards. Pipeline plan and profile plans will be prepared to a scale of 1 inch to 40 feet. The drafting scales used for the other plan details shall be of sufficient size to permit the binding of reduced scale plans (approximately one-half scale) into the back of the project contract docu- ment and specification document. Page 9 of 16 The project contract documents and specifications shall be prepared by the ENGINEER using his standard contract document and specification formats. OWNER's special contract document and standard specifications will be incorporated into the ENGINEER's standard contract documents and specifi- cations as required for the project. The plan and specification package submitted to the OWNER for his review at the 100-percent complete stage of the project will consist of bound con- tract documents and specifications accompanied by a full-sized blue line set of the plans. Five sets of the 100-percent complete plans and speci- fications will be submitted to the OWNER. The final project plan and specification package will consist of bound contract documents and speci- fications with reduced scale (approximately one-half scale) plan set bound into the back of the specification package. Fifty-five sets of the final project plans and specifications will be provided to the OWNER for his own use and to obtain construction bids. Task 2. _Opinion of Probable Cost ENGINEER will prepare an estimate of the probable project construction costs based on the project plans and specifications. The construction cost estimate will be prepared following the contract document bid schedule to facilitate comparison of construction bids. CONSTRUCTION PHASE Task 1. Pre-Award Services The ENGINEER shall provide the following pre-award services: 1. Conduct of the project pre-bid conference and job walk. 2. Respond to prospective bidder plan and specification interpretation questions. Page 10 of 16 3. Prepare bid addenda, as required, including distribution to prospective bidders. 4. Attend bid opening, assist OWNER in the technical evalu- ation of the three lowest bids received, and make award recommendations. Task 2. Construction Contract Sup ort Services The ENGINEER shall provide• the following construction contract support services: 1. Review a maximum of twenty-five material and equipment shop drawing submittals and deviation requests. 2. Respond to contractor plan and specification interpre- tation requests up to a maximum engineering effort of fifty-six person hours. 3. Review and respond to project constructability problems up to a maximum engineering effort of fifty-six person hours. 4. Coordinate construction survey subcontract services. 5. Assistance in the negotiation of extra work. 6. Prepare project record drawings based on contractor fur- nished information. The project construction contract support services are budgeted for a maximum thirty-two week construction period. Task 3. Field Inspection Services The ENGINEER shall provide one full-time resident engineer-inspector to observe the project construction work. The maximum duration of field construction services is thirty-two weeks. The resident engineer-inspector shall : 1. Observe the project construction work for compliance with plans and specifications. Page 11 of 16 2. Maintain daily field construction records, including, but not limited to contractor construction activities, contractor and subcontractor work forces, construction equipment, constructability problems encountered, prob- lems encountered, extra work activities and other re- quired information. 3. Field coordination of the construction survey subcon- tract services. 4. Review and approval of contractor' s progress payment requests. 5. Assist OWNER in administering extra work items. 6. Monitor the contractor' s maintenance of accurate "as constructed" project drawings. 7. Develop project punch list. 8. Conduct final project inspection with OWNER's staff. Task 4. Subcontract Services 1. ENGINEER will retain the services of topographic subcontractor to set the initial pipeline and booster pump station construction controls and bench marks. Construction soils testing services are to be provided by the contractor and the provision of this type of service is not included under this task. ENGINEER will provide construction geotechnical subcontract services to respond to un- forseen constructability problems under the special services pro- visions of the Agreement. 2. The OWNER's responsibilities as described in Section 3 of said Agreement are amended and supplemented as follows: OWNER shall furnish ENGINEER two copies of the OWNER's design standards and standard specifications for water distribution facilities, and 1982 Water Master Plan. Page 12 of 16 OWNER shall furnish ENGINEER one copy each of the construction drawings and specifications for the Agate Reservoir and Horace P. Hinckley Water Treatment Plant. OWNER shall furnish ENGINEER with distribution system facility information and land use, population, water consumption, pressure fluctuation for the I750 Pressure Zone, and all other information in the possession of the OWNER that is pertinent to design of the Project booster pump station. OWNER shall furnish ENGINEER water and sewer utility, and other utility (gas, telephone, electric, etc.) information in the pos- session of the OWNER that is pertinent to the evaluation of alter- native pipeline routes, or developing the final design of the pipeline along the selected route. Where utility information along any of the alternative pipeline routes, or selected pipeline route is not sufficient, in the opinion of the ENGINEER, for the purposs of the Project, the OWNER shall pothole utilities as requested by the ENGINEER if the utility company will not pothole their utility in response to the ENGINEER' s request to do so. 3. The time periods for the performance of ENGINEER' s services as set forth in Section 4 of said Agreement are amended and supplemented as follows; Pipeline Route and Booster Pump Station Four Weeks from Site Analysis Receipt of Notice to Proceed Submittal of Pipeline and Booster Seven Weeks from Pump Station Preliminary Design Receipt of Notice Report to Proceed Page 13 of 16 100-Percent Complete Plan and Sixteen Weeks after Specification Submittal Receipt of OWNER' s Preliminary Design Report Written Review Comments Final Plan and Specification Two Weeks after Submittal Receipt of OWNER's 100-Percent Plan & Specification Review Comments The ENGINEER's construction professional services have been bud- geted in Section 4 of this Exhibit for a maximum period of thirty- two weeks immediately following the award of the construction con- tract by the OWNER. The ENGINEER's overall Project schedule and budget is based on maximum OWNER review periods of two weeks for the pipeline and booster pump station preliminary design report and 100-percent plan and specification submittal , and eight weeks immediately after the final plan and specification submittal for the OWNER to bid and award the Project construction contract. 4. The method of payment for services rendered by 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" , "Time and Materials Billing Schedule", attached 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 Agree- ment is in affect so that they reflect his most current billing rates. Page 14 of 16 The OWNER shall also compensate the ENGINEER for all of his direct non-salary expenses incurred during the performance of the work on the Project at cost plus ten percent. Direct non-salary expenses shall include, but not be limited to the following items: tele- phone expenses; reproduction, copying, printing and binding expen- ses; mailing and shipping expenses; travel expenses; automobile mileage expenses; subcontractor expenses and other miscellaneous expenses that are incurred as a result of the performance of the engineering work set forth herein. The maximum amount of compensation to be paid to the ENGINEER by the OWNER for professional services rendered shall not exceed the total amount of $337,400 (Three Hundred Thirty Seven Thousand and Four Hundred Dollars) and for each component of work shall not ex- ceed the amounts set forth below, without prior written approval by the OWNER. Contract Compensation Description Limits 1. Project Pipeline Route and Pump $ 43,400 Station Site Selection and Preliminary Design, Including Topographic and Geotechnical Subcontract Services. 2. Final Design and Preparation of $179,100 Plans, Specifications and Construction Cost Estimate. 3. Office Construction Contract $ 27,300 Support Services. 4. Construction Inspection Services, $ 87,600 Including Construction Survey Services Total Contract $337,400 Compensation Page 15 of 16 None of the above contract compensation limits for the work com- ponents listed shall be exceeded without approval of the OWNER. The ENGINEER shall be compensated for all OWNER requested, or ap- proved special services in accordance with the provisions of this Agreement. The not-to-exceed fee for the special services per- formed by the ENGINEER shall be set forth in the OWNER's authori- zation to proceed with the work. The ENGINEER' s incurred Project costs shall be billed monthly to OWNER before the 25th day of the following month, and payment by OWNER shall be made wtihin 30 days. Invoices shall include bill- ing for labor charges and direct costs incurred by ENGINEER during each month of services rendered to OWNER in conformance with this Agreement. Charges shall be based on ENGINEER' s standard billing schedule attached as Exhibit B to the Agreement. ENGINEER shall keep records on all services and costs, and make them available for review and audit if requested by OWNER. 5. OWNER has established -the following special provisions and/or other considerations or requirements in respect of the Assignment: ENGINEER's estimate of the cost for each phase of this Assignment is set forth in Section 4 of this Exhibit. ENGINEER will advise OWNER when seventy-five (75) percent of the costs are expended for each phase of the Project and will provide a review of the expen- ditures. ENGINEER may -request a revision in the estimated cost for performance of this assignment and will relate the rationale for the revision to the specific basis of estimate as described under Basic and Special Services in Paragraph I of this Exhibit. Such notification will be submitted to OWNER at the earliest pos- sible date. The authorized cost estimate will not be exceeded without approval of OWNER and ENGINEER. Page 16 of 16 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL STUDY AND REPORT SERVICES CITY OF REDLANDS WATER TRANSMISSION PIPELINE AND BOOSTER PUMP STATION BILLING RATE SCHEDULE Effective January, 1986 PROFESSIONAL AND SUPPORT SERVICES Vice President/Sr. Consultants $ 90.00 - $130.00 Associate 85.00 - $110.00 Principal Engineer/Scientist 85.00 - 100.00 Supervising Engineer/Scientist 65.00 - 95.00 Senior Engineer/Scientist 55.00 - 85.00 Construction Resident Engineer 55.00 - 85.00 Construction Resident Inspector 35.00 - 75.00 Associate Engineer/Scientist 45.00 - 75.00 Staff Engineer/Scientist 35.00 - 55.00 Draftsperson/Designer 35.00 - 65.00 Rate Specialist 55.00 - 90.00 Technical Editor 20.00 - 40.00 Administrative Assistant 35.00 - 55.00 Technician/Clerk 20.00 - 40.00 Secretary/Word Processor 25.00 - 40.00 OTHER DIRECT COSTS Other reimbursable direct costs shall be billed at 1 .1. times actual cost to cover the cost of general and administrative expenses and handling. These reimbursable costs include, but are not limited to: Travel : Air Fare, Auto Rental , Local Mileage ($.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 I