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HomeMy WebLinkAboutContracts & Agreements_1a-2001_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING SERVICES FOR RECYCLED WATER PROJECT This Agreement is made and entered into this-16th day of January, 2001 by and between the City of Redlands, a municipal corporation (hereinafter"CITY") and Carollo Engineers, a Professional Corporation, (hereinafter"ENGINEER"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, CITY and ENGINEER hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF ENGINEER 1.1 CITY hereby engages ENGINEER, and ENGINEER hereby accepts the engagement, to perform professional engineering services ("Services") for the Recycled Water Project at the CITY's Wastewater Treatment Plant ("Project"). 1,2 The Services shall be performed by ENGINEER in a professional manner, and ENGINEER represents that it has the skill and the professional expertise necessary to provide 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 ENGINEER 2.1 The specific Services which ENGINEER 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 Prior to proceeding with any work under this AGREEMENT, specific scopes of work shall be defined to implement the general Scope of Services set forth in Attachment"A," by amendment to this AGREEMENT, and shall be termed Task Orders. The Task Orders shall set forth the detailed scope of work, specific schedule, estimated level of effort, fee estimate with a not to exceed cost, and applicable Schedule of Rates. The approved Task Order shall constitute authorization to proceed with the "task. The form to be used for each Task Order shall be per Attachment"E." ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 CITY shall make available to ENGINEER information in its possession that is pertinent to the performance of ENGINEER's Services. 3.2 CITY will provide access to and make provisions for ENGINEER to enter upon CITY- owned property as required by ENGINEER to perform the Services. 33 CITY will provide sampling, laboratory analyses, data collection, and system operation as requested by ENGINEER. 3.4 CITY designates Douglas Headrick, Chief of Water Resources, to act as its representative with respect to the Services to be performed under this Agreement. January 8, 2001 H:\Clienf.,Rediands—SACrvV,ContracP,RacycleAg(.do� 1 ARTICLE 4- PERIOD OF SERVICE 4.1 ENGINEER shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B - Project Schedule of this AGREEMENT and to the schedule in each Task Order. ARTICLE 5 - PAYMENTS TO THE ENGINEER 5.1 For services performed under Article 2 for each Task Order, CITY shall pay the ENGINEER on a time and material basis at the hourly rates shown in Attachment D, Rate Schedule, to each Task Order, except as provided herein. The labor-hour estimates and total project budget shall be as shown in Attachment C, Fee Proposal, to each Task Order. The total amount of compensation for Task Order No.1 shall not exceed Five Hundred Twelve Thousand Five Hundred Forty-Five ($512,545), and for Task Order No.2 shall not exceed Eight Hundred Thirty Six Thousand Eight Hundred Twenty ($836,820) for a total of One Million Three Hundred Forty Nine Thousand Three Hundred Sixty Five ($1,349,365) unless the scope of the Project is materially changed and agreed to by the ENGINEER and the CITY. 5.2 Payment for additional services requested by the CITY per Article 2.2 shall be in accordance with a separately negotiated fee or in accordance with the hourly rates shown in Attachment D, Rate Schedule, to this AGREEMENT and to each Task Order. 5.3 ENGINEER shall bill CITY within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, and the detailed cost of all Services including backup documentation. Payments by CITY to ENGINEER shall be made within 30 days after receipt and approval of ENGINEER's invoice, by warrant payable to ENGINEER. 5.4 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 ENGINEER Douglas Headrick, Chief of Water Resources Jim Ewing, Project Manager Municipal Utilities Department Carollo Engineers 35 Cajon Street 3100 South Harbor Blvd., Suite 200 P.O. Box 3005 Santa Ana, CA 92704 Redlands, CA 92373 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 ENGINEER shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect CITY from claims for damage due to bodily injury, personal January 8, 2W1 H:\Clienf\Redlands.SAOW,ContractlRecoeAgr,doe 2 injury and death, and claims for injury to or destruction of tangible property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be on an "occurrence" basis in a minimum combined single limit of $1,000,000, and $3,000,000 in the aggregate. ENGINEER shall maintain comprehensive automobile liability insurance with a combined single limit of$1,000,000 for bodily injury and property damage. ENGINEER shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per claim. CITY shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability, and such insurance shall be primary with respect to CITY and non-contributing to any insurance or self-insurance maintained by the CITY. ENGINEER shall provide CITY with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 ENGINEER shall indemnify, hold harmless and defend CITY and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from, or are caused by any willful or negligent act or actions, omission or failure to act on the part of the ENGINEER, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. 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 ENGINEER 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 ENGINEER's key personnel for the Project are: Principal-in-Charge: George Beliew Project Manager: Jim Ewing ENGINEER 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 ENGINEER 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 beat CITY's sole risk. 7.5 ENGINEER is for all purposes an independent contractor. All personnel employed by ENGINEER are for its account only, and in no event shall ENGINEER or any personnel retained by it be deemed to have been employed by CITY or engaged by CITY for the account of or on behalf of CITY. January 8, 2001 H:I,Client\Rediands_SAOWxContract\RecycleAgr.cioe 3 7.6 The ENGINEER is not responsible for damage or delay in performance caused by events beyond the control of ENGINEER. In the event ENGINEER's services are suspended, delayed or interrupted for the convenience of the CITY or delays occur beyond the control of ENGINEER, an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel and subcontractors shall be made. 7.7 Hazardous materials or asbestos may exist at a site where there is no reason to believe they could or should be present. The ENGINEER and CITY agree that the discovery of unanticipated hazardous materials or asbestos constitutes a changed condition mandating a renegotiation of ENGINEER's services. 7.8 The ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor's methods of determining prices, or other competitive bidding or market conditions, practices or bidding strategies. Cost estimates are based on ENGINEER's opinion based on experience and judgment. ENGINEER cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by ENGINEER. 7.9 If the project involves construction of any kind, the parties agree that CITY and ENGINEER shall be indemnified to the fullest extent permitted by law for all claims, damages, losses and expense including attorney's fees arising out of or resulting from Contractor's performance of work including injury to any worker on the job site except for the sole negligence of CITY or ENGINEER. Both CITY and ENGINEER shall be named as additional primary insured(s) by Contractor's General Liability and Builders All Risk insurance policies without offset and all Construction Documents and insurance certificates shall include wording acceptable to the parties herein with reference to such provisions. 7.10 ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors and will not be responsible for Contractor's failure to carry out work in accordance with the Contract Documents. 7.11 The services to be performed by ENGINEER are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the ENGINEER's performance of its services hereunder, and no right to assert a claim against the ENGINEER by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the ENGINEER's services hereunder. 7.12 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by CITY of the Services. 7.13 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other (delivered by certified mail, return receipt requested) of intent to terminate. 7.14 Upon receipt of a termination notice, ENGINEER shall (1) promptly discontinue all services affected, and (2) deliver or otherwise make available to CITY, copies (in both January 8, 2001 H:\Ciient\Redlands—SAOW\Contract�RecycleAgr.doc 4 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 ENGINEER in performing the Services required by this Agreement. 7.15 ENGINEER shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the CITY at the office of ENGINEER. 7.16 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 ENGINEER. 7.17 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 ENGINEER have signed in confirmation of this Agreement. City of Redlands Carollo Engineers, a Professional Corporation ("CITY") IN("EN INR, By: PAT GILBREATH r AIL LYNCH ip, Mayor incipal By: GEORGE-A BELIEW P i al J ATTEST: City lark, City"e �Iands January 8, 2001 H:\Clienf,,Rediands—SAOW\Contract\RecycleAgr.dor 5 ATTACHMENT A ENGINEERING SERVICES FOR RECYCLED WATER PROJECT SCOPE OF SERVICES The purpose of this Agreement is to provide the CITY with engineering services for the design of the Redlands Recycled Water Project Treatment Facilities. The Regional Water Quality Control Board has indicated the CITY will be required to take measures to increase the plant's ability to remove Total Inorganic Nitrogen (TIN) from its effluent. In addition, the CITY desires to add facilities that will produce 6 mgd of recycled water that meet all the regulatory requirements contained in the proposed Section 60304(a) and Section 60306(a) of Title 22, Division 4 of the California Code of Regulations. Reliability requirements for the Recycled Water Facilities will be based upon Mountainview Power Company providing their own standby system. The project will consist of the following phases: Phase I -Task Order No.1 To define the project,the following tasks will be included: Task 1 -Treatment Alternative Feasibility Study Task 2 - Upgrades to Existing Facilities Task 3- CEQA Documentation/Support Task 4 - Interface for Distribution Facilities Task 5 - Subconsultants Task 6- Preliminary Design Phase 11 -Task Order No.2 Task Order No.2 will consist of the following tasks: Task 1 - Final Design and Title 22 Report Task 2 - Bidding and Contract Award Phase III -Task Order No.3 Construction phase, as a minimum, will consist of the following tasks: Task 1 - Office Engineering Support During Construction Task 2 - Field Services Task 3- Subconsultants Phase IV-Task Order NoA Commissioning phase will, as a minimum, consist of the following tasks: Task 1 - Commissioning Task 2- Operations Manual January 8, 2001 H:\ClienttRediands_SAOWxContracfflecyclaAar,doc A-1 Phase V - Additional-Services Additional services that the CITY may want to include would be master planning efforts for expansion and/or solids handling. Basis of Scope Of Work ENGINEER's detailed scope of work will be presented in task orders to this Agreement. The task orders submitted herein will be based upon a project with the following parameters: 1. Treatment Alternative Study will consider Alternative 1: Tertiary Treatment of Secondary Effluent/TIN Upgrades as the base project. Alternative 2: RIX-Type Treatment of Secondary Effluent, and Alternative 3: Membrane Treatment will be compared against the base project. 2. Design Criteria will be based upon a plant capacity to treat 9.5 mgd with removal to 10 mg/L or less of Total Inorganic Nitrogen (TIN). 3. Recycle Water Project Facilities will be based upon a capacity of 6 mgd with current discharge requirements that comply with Title 22. 4. ENGINEER will develop one set of contract documents for the project. ENGINEER's standard front-end documents will be used in the project's contract documents. 5. The project delivery approach will be design-bid-build. 6. ENGINEER will assist CITY in obtaining permits. The intent is for ENGINEER to provide backup/support information. CITY will negotiate directly with the agencies and will be responsible for permitting costs. 7. ENGINEER will provide project design criteria, description, and estimated costs to selected CEQA consultant in support of that effort. 8. Recycled Water Project design will be based on "turn off" reliability. The power plant will provide full backup capabilities to provide cooling water. 9. ENGINEER will provide interface with the selected consultant for the Distribution Facilities. Final layout of the selected alternative will be coordinated to reduce project costs to the CITY. 10. The treatment plant design will not provide for full reliability and redundancy for the facilities used solely to produce recycled water. January 8, 2001 A-2 H:\Ckient\Redlands_SAOWicontract\RecycleAgr.doe ATTACHMENT B RECYCLED WATER PROJECT PROJECT SCHEDULE Schedules are specified by each task order. The ENGINEER has allowed for scheduling of key staff to accommodate the needs of the specific task order schedule. January 8, 2001 Bs H:lcllent,Redtands_SAOW\Contract,RecycleAgr.doc ATTACHMENT C RECYCLED WATER PROJECT FEE The fee is specified for each task order. January 8, 2001 C-1 N:\Client\Rediands_SAOW\ContractlRecycieAgr.doc ATTACHMENT D ENGINEERING SERVICES FOR RECYCLED WATER PROJECT FEE SCHEDULE This schedule is valid until March 1, 2001, and will be superceded as noted in each Task Order. Hourly Rate Engineers[Scientists(E/S) $80.00 E/S 1 90.00 EIS 11 95-00 EIS 111 100.00 EIS IV 116.00 EIS V 124.00 EIS VI 140.00 E/S VII 162.00 EIS Vill 182.00 Principal Engineering Aides(EA) 35-00 EA 1 53.00 EA 11 61.00 EA 111 70.00 EA IV 80-00 EA V 90.00 EA VI 105.00 EA V11 Engineering Technicians(ET) 43.00 ET 1 55-00 ET 11 62.00 ET 111 69-00 ET IV 76.00 ET V 85.00 ET VI 01.00 ET VII 123.00 ET VIII Support Staff 27.00 Office Aides 57.00 Clerical 55.00 Word Processors Computer 12.00 Computer Equipment (PC) 12.00 Word Processor(Processing Time) 18.00 CAD (Processing Time) Travel and Subsistence at cost Mileage .35/mile Subconsultant Cost+ 10% Other Direct Costs Cost+ 100% January 8, 2001 D-1 H:\ClientkRediands--SAOW\Contract\Recy�leAgr.doc Mug ATTACHMENT E RECYCLED WATER PROJECT SAMPLE TASK ORDER AGREEMENT TO FURNISH ENGINEERING SERVICES RECYCLED WATER PROJECT TASK ORDER NO. (Amendment No. —) This Task Order No. _ (Amendment No. _) authorizes the ENGINEER to perform Engineering Services included in this Amendment and in Accordance with the AGREEMENT for the nitrogen removal planning and permit compliance. This Amendment makes the following changes to the AGREEMENT; all other provisions of the AGREEMENT remain in effect. ARTICLE 1 - ENGAGEMENT OF ENGINEER No changes. ARTICLE 2- SERVICES OF THE ENGINEER 2.1 The Scope of Work is amended to include Attachment"A"to this Amendment which defines the scope of work for engineering services for Task Order No.—, ARTICLE 3 - RESPONSIBILITIES OF r1TV No changes. ARTICLE 4- PERIOD OF SERVICE 4.1 The time period for performance of the ENGINEER's services for Task Order No. —set forth in Article 2 shall be in accordance with the schedule defined in Attachment"B" to this Amendment. ARTICLE 5- PAYMENTS TO THE ENGINEER 5.1 The total compensation to perform work under this Amendment for Task Order No. shall be in accordance with Attachments"C" and "D"to this Amendment. ARTICLE 6 - INSURANCE AND INDEMNIFICATION No changes. ARTICLE 7- GENERAL CONSIDERATIONS No changes. January 8, 2001 E-1 H:\Client\Rediands_SAOW\Contract\RecycleAgr.doc IN WITNESS WHEREOF, duly authorized representatives of the CITY and ENGINEER have signed in confirmation of this Agreement. City of Redlands Carollo Engineers, a Professional Corporation ("CITY") ("ENGINEER") By: By: PAT GILBREATH GAIL P. LYNCH Mayor Principal Date: By: GEORGE A. BELIEW Principal ATTEST: City Clerk, City of Redlands January 8, 2001 H:\Client\Rediands_SAOW\Contract\RecycleAgr,dor, E-2