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HomeMy WebLinkAboutContracts & Agreements_33-1990_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE DESIGN OF THE REES WELL GRANULAR ACTIVATED CARBON WATER TREATMENT SYSTEM This AGREEMENT is made and entered into as of this 4th day of September, 1990, by and between City of Redlands Municipal Utilities Department herein after referred to as "OWNER" and Camp Dresser & McKee, Inc . hereinafter referred to as "ENGINEER" In consideration of the mutual promises, covenants and con- ditions hereinafter set forth, the parties do hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF THE ENGINEER 1 .1 The OWNER hereby engages the ENGINEER and the ENGINEER hereby accepts the engagement to perform engineering services in connection with the design of the Rees Well Granular Activated Carbon {GAC} Water Treatment System, hereinafter referred to as the project . 1 .2 All services under this AGREEMENT shall be done in a professional manner , and ENGINEER represents that the firm employs those with the demonstrated skill and the professional expertise necessary to provide high duality services under this AGREEMENT. 1 .3 The ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers providing the same type of ser- vices, for the professional and technical soundness, accuracy and adequacy of all reports, designs, drawings, specifications , and other services and materials furnished under this AGREEMENT. -1- ARTICLE 2 - SERVICES OF THE ENGINEER 2 .1 The ENGINEER will perform the services in connection with the Project as defined in Attachment A, Scope of Work . 2.2 The following additional services may be provided by the ENGINEER when requested and approved by the OWNER and agreed to by the Engineer: 1 . Construction survey. 2. Additional copies of plans and specifications. 3 . Bidding services . 4 . Construction services . 5 . Construction inspection services . 6 . Miscellaneous services not specified elsewhere in the AGREEMENT. ARTICLE 3_- RESPONSIBILITIES OF THE OWNER 3 .1 The OWNER will place at the disposal of the ENGINEER all available information pertinent to the Project , including previous reports and any other data relative to the Project. 3 .2 The OWNER will provide access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his services under this AGREEMENT. 3 .3 The OWNER will provide all environmental assessments or impact reports required for this project and not other- wise specifically required to be provided by the ENGINEER. 3 .4 The OWNER will designate in writing a person to act as the OWNER' s representative with respect to the services to be performed under this Agreement , such person to have complete authority to transmit instructions , receive information, interpret and define the Owner ' s policies and decisions with respect to materials , equipment, elements and systems pertinent to the ser- vices covered by this AGREEMENT. ARTICLE 4_- PERIOD OF SERVICE 4 .1 The ENGINEER shall proceed with the engineering services set forth in Article 2 in accordance with the schedule defined in Attachment B: Schedule. 4 .2 The ENGINEER shall proceed with the services under this AGREEMENT promptly and will prosecute them diligently. -2- ARTICLE 5— PAYMENTS TO THE CONSULTANT 5 .1 For the services performed under Article 2, OWNER will pay the ENGINEER a lump sum fee of $86 , 575 . Payment shall be made according to the following schedule: Payment No . 1 shall be made following submittal of the contract documents for review when they are 60 percent completed (Task 5) . Payment shall be 60 percent of the lump sum amount . Payment No. 2 shall be made following OWNER'S approval of the completed contract documents (Task 8) . Payment shall be 35 percent of the lump sum amount. Payment No. 3 shall be made following attendance of the prebid meeting and preparation of all addendums, if any. Payment shall be 5 percent of the lump sum amount and shall be the final payment . Payment for additional services, if any, will be added to this payment. 5 .2 Payment for additional services requested by the OWNER per Article 2.2 will be in accordance with a separately negotiated fee or in accordance with the hourly fees shown in Attachment Cr Schedule of Fees . 5 .3 ENGINEER agrees that at the point 75-percent of budgeted costs have been expended for each scope project , the ENGINEER will notify the OWNER in writing, including a brief report on job status , percent complete, analysis of budget , and envisioned expenses to complete the contractual effort . Budgets shall not be exceeded except if previously approved by OWNER. 5 .4 The ENGINEER shall bill the OWNER according to the payment schedule shown in Article 5 .1 of this Agreement . An invoice shall be submitted indicating the work per- formed. Payments by OWNER to ENGINEER shall be made within 30 days after receipt and approval of ENGINEER'S herein- above invoice, by warrant payable to the ENGINEER. All 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 should be addressed as follows. TO OWNER: CITY OF REDLANDS Municipal Utilities Department P . O. Box 3005 2 E . Citrus Avenue Redlands CA 92373 -3- TO ENGINEER: CAMP, DRESSER AND MCKEE 430 North Vineyard, Suite 310 Ontario CA 91764 Attention: Richard Corneille When so addressed, such notices shall be deemed given upon deposit in the United States Mail . In all other instances, notices, bills 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 ENGINEER shall maintain worker' s compensation insurance and, in addition, shall maintain insurance to protect OWNER from claims for damage due to bodily injury, personal injury, or death and claims for injury to or destruction of tangible property while performing the services covered by this AGREEMENT . Said public liability and property damage insurance shall be in a minimum combined single limit of $1,000,000 per occur- rence. The OWNER shall be named a primary additional insured on insurance coverage for public liability and property damage. The ENGINEER shall provide OWNER with a certificate evidencing such insurance coverage. 6 .2 ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph to protect OWNER from negligent acts , errors or omissions of a profes- sional nature; the total aggregate of ENGINEER'S pro- fessional liability insurance coverage shall be a mini- mum of $1,000,000 . 6 .3 ENGINEER agrees to indemnify, hold harmless and defend OWNER and any and all of their elected officials , officers , agents , engineers , and employees from and against all claims, loss , damage, charge or expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful misconduct or negligent act or actions, omission or failure to act on the part of the ENGINEER, his contractors , his suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable in the performance of the services described in this AGREEMENT. -4- ARTICLE 7 - GENERAL CONSIDERATIONS 7 .1 In the event of any legal action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs , expenses, including attorney's fees, as may be set by the Court . 7 .2 The ENGINEER shall not sublet or assign any of the services covered by this AGREEMENT, except with the prior written approval of the OWNER and in strict compliance with the terms, provisions, and conditions of the AGREEMENT. 7 .3 The key ENGINEER'S personnel proposed for this project are as follows: Richard Corneille, P.E. - Officer in Charge Ed Deardon, P .E . - Project Manager Dennis Smith, P.E. - Process Design Doug Brown, P .E . - Process Design Bruce Chalmers, P.E. - Project Engineer ENGINEER agrees that these key people will be made available and assigned to the OWNER'S project, and that they will not be replaced without concurrence from the OWNER. 7 .4 It is understood and agreed by and between the parties that all documents , records , drawings, designs and spe- cifications, cost estimates, and other project documents developed by the ENGINEER pursuant to this AGREEMENT shall become the property of OWNER and shall be delivered to OWNER upon completion of services . Any reuse of such documents for other projects and any use of incomplete documents will be at the OWNER' s sole risk . 7 .5 ENGINEER is for all purposes an independent contractor . All qualified personnel provided by ENGINEER pursuant to the provisions of this AGREEMENT are to be employed by ENGINEER for his account only, and in no event shall ENGINEER or any personnel retained by him be deemed to have been employed by the OWNER or engaged by the OWNER for the account of or on behalf of the OWNER. 7 .6 Unless earlier terminated as stipulated below, this agreement shall terminate upon completion and acceptance by the OWNER of all services approved for performance under Article 2 of this AGREEMENT. -5- 7 .7 This AGREEMENT may be terminated in writing by either party in the event of failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party: PROVIDING, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, And (2) an opportunity for consultation with the terminating party prior to termination . 7 .8 If this AGREEMENT is terminated by the OWNER for reasons of default by the ENGINEER, an adjustment to ENGINEER'S compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any addi- tional costs to the OWNER occasioned by the ENGINEER'S default . If termination for default is effected by the ENGINEER, the adjustment in compensation shall provide for payment to the ENGINEER to include a reasonable profit for services rendered and reimbursement for expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm and approved by OWNER prior to the termination. 7 .9 Upon receipt of a termination notice, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise) , and (2) deliver or other wise make available to the OWNER, copies of data, design calculations , drawings, specifications, reports, esti- mates , summaries, and such other information and mater- ials as may have been accumulated by the ENGINEER in performing services under this AGREEMENT. 7 .10 ENGINEER shall maintain books and accounts of all project related payroll costs and all expenses and incidental expense. Books shall be available at all reasonable times for examination by the OWNER at the office of the ENGINEER. 7 .11 This AGREEMENT, including attachments incorporated herein by reference, represents the entire AGREEMENT and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written AGREEMENT. Any supplement or amendment to this AGREE- MENT to be effective shall be in writing and signed by the OWNER and ENGINEER. -6- 7 .12 This AGREEMENT is to be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this AGREEMENT. CITY OF REDLANDS CAMP, DRESSER AND MCKEE B Fat Y g C A L D JYN RICHARD W. CORNEILLE y fir ' Associate ATTEST: Cst C1rk, C of Redlands -7- ATTACHMENT A SCOPE OF WORK FOR FINAL DESIGN OF CITY OF REDLANDS MUNICIPAL UTILITIES DEPT. REES WELL GAC WATER TREATMENT SYSTEM Project Description: The Rees Well GAC water treatment system will consist of three pairs of steel pressure vessels with a flow capacity of 3 . 0 mgd. The treatment facilities and appurtenances are completely described in Section 3 of the CDM report entitled "Redlands Rees Well-Head Treatment Investigation" and shown on Figure 3 , 4 and 5 therein. We have not included in this scope any design modification to the existing well pump and driver. one construction contract without the pre-purchase of equipment has been assumed. Project Scope: The scope of work is for the final design (production of plans and specifications) and bid phase services for the GAC system. The following Tasks are included in the scope of work: 1. Kick-off meeting with the MUD staff to discuss the project details, design criteria, project schedule and data requirements. 2 . Gather and review all required design data. MUD will provide a site plan including topo and record drawings of existing above and below ground facilities at the existing well site. 3 . Prepare construction drawings. The drawings are expected to include the following list of drawings: • Title Sheet • Site Plan • Landscaping Plan • Structural Drawings (2) • Process Drawings (2) • Electrical Drawing • Instrumentation Drawing • Miscellaneous Drawing 4 . Prepare specifications in accordance with the Construction Specifications Institute's (CSI) 17 division format and using CDM's Standard Division 0 forms and sections. A-1 5. Review the contract documents (plans and key specifications) with the Municipal Utilities Department when they are 60 percent complete. 6. Submit final contract drawings to the MUD and the Public Works Commission for review. Attend the Public Works Commission meeting. 7 . Prepare an engineer's estimate of probable construction costs for the project. 8 . Incorporate comments received from the Municipal Utilities Department and Public Works Commission into the contract documents and complete their preparation for competitive bidding. Print 30 sets of bid documents. 9 . Submit the completed contract documents to DHS office of Drink Water for their review. Respond to questions from DHS. 10. Attend the construction pre-bid meeting, respond to bidders' questions, and prepare any contract document addendum required. A-2 ATTACHMENT B SCHEDULE FOR REES WELL DESIGN DURATION FROM ITEM NOTICE TO PROCEED • Final design - 200 percent 9 weeks contract document submittal. • City and Agency Review of 2 weeks final design. • Incorporate comments into 2 weeks drawings and specifications and print 30 sets. ATTACHMENT C WAGE COST MULTIPLIER RATE SCHEDULE EFFECTIVE JANUARY 1, 1990 DIRECT HOURLY BILLING RATES Salary Cost Rates Personnel Classification ($/hr) Vice President/Sr. Consultant $46 - $66 Associate $37 - $52 Principal Engineer/Scientist $37 - $52 Supervising Engineer/Scientist $33 - $52 Senior Engineer/Scientist $28 - $46 Associate Engineer/Scientist $24 - $37 Staff Engineer/Scientist $14 - $28 Draftsperson/Designer $13 - $33 Technical Editor $14 - $24 Contract Administrator $19 - $28 Technician/Clerk $ 7 - $14 Administrative Assistant $11 - $33 Secretary/Word Processor $ 9 - $19 Salary cost is defined as the cost of salaries (including sick leave, vacations, and holiday pay applicable thereto) for time directly chargeable to the project; plus unemployment, excise, and payroll taxes; and contributions for social security, employment compensation insurance, retirement benefits, and medical and other group insurance benefits. The salary cost includes a 33 percent fringe benefit factor taken on direct labor. Compensation for services of CDM personnel shall be the salary cost rate times a multiplier of 2.42 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 ($0.26/mile) • Subsistence: Lodging and meals • Communications: Long distance telephone, postage and Federal Express • Printing: Internal reproduction ($.08/copy); outside printing services • Computer and word processing equipment usage • Consultant and subcontracted services • Equipment rental • Miscellaneous supplies and equipment 10A:29