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HomeMy WebLinkAboutContracts & Agreements_28-1989_CCv0001.pdf AGREEMENT TO FURNISB ENGINEERING SERVICES FOR DESIGN OF GRANULAR ACTIVATED CARBON TREATMENT FACILITIES AT WISLL 31A This AGREEMENT is made and entered into as of this 16th day of May, 1989, by and between City of Redlands Municipal Utilities Department herein after referred to as "OWNER" and John Carollo Engineers, 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 CONSULTANT hereby accepts the engagement to perform design services in connection with the construction of granular activat- ed carbon (GAC) treatment facilities for Well 31A, hereinafter called the project. ENGINEER acknowledges that his work under this agreement is subject to all provisions of two agreements between the owner and the State Department of Health Services and the State Water Resources Control Board. ENGINEER has reviewed these agreements and agrees that the work performed under this agreement will meet the conditions of said agreements . In the event ENGINEER's obligations under this Agreement and OWNER'S agreement with Depart- ment of Health Services and State Water Resources Con- trol and conflict, the terms of OWNER'S agreement with the State agencies shall prevail. 1 .2 All work under this AGREEMENT shall be done in a pro- fessional manner, and ENGINEER represents that he is skilled in the professional expertise necessary to provide services under this AGREEMENT. -I- 1 .3 The ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers performing the same type of work for the professional and technical soundness, accuracy and adequacy of all designs, drawings, specifications, and other work and materials furnished under this AGREEMENT. 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 Additional services may be provided by the ENGINEER when requested and approved by the OWNER: 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. 2 .3 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 or safety conditions, practices or omissions on the site. Any cost estimates provided by ENGINEER will be made on the basis of his 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. 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 work under this AGREEMENT. 3 .3 The OWNER will provide an environmental assessments or impact reports required for this project. -2- 3 .4 The OWNER will designate in writing a person to act as the OWNER' s representative with respect to the work 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 work covered by this AGREEMENT. 3 .5 The OWNER will operate and maintain the well-head treatment facilities in accordance with applicable State and Federal standards . &RTI��LE 4---PERIOD OF SERVICE 4.1 The ENGINEER shall proceed with the engineering services set forth in Article 2 in accordance with Attachment B Schedule. 4 .2 The ENGINEER shall proceed with the services under this AGREEMENT promptly and will prosecute them diligently. ARTICLE 5 - -PAYMENTS TO-THE-ENGINEER 5 .1 For the services performed under Article 2, OWNER will pay the ENGINEER on a time and materials basis at the hourly rates shown in Attachment C, Rate Schedule. The manhour estimates and total budgets are shown on Attach rent D, Fee Proposal. 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 C, Rate Schedule. 5 .3 ENGINEER agrees that at the point 75-percent of budgeted costs have been expended for each major work task, 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 task . Task budgets shall not be exceeded except if previously approved by OW14ER. 5 .4 The ENGINEER shall bill the OWNER within ten days fol- lowing the close of each month by submitting an invoice indicating the work performed, who performed the work , and the detailed cost of all work including backup material. The billings shall be broken down by each major task . -3- Payments by 0�97NER to ENGINEER shall be made within 30 days after receipt of reimbursement from the State Agencies and approval of ENGINEER'S hereinabove invoice, by warrant payable to John Carollo Engineers. 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 . 0. Box 3005 30 Cajon Street Redlands CA 92373 TO ENGINEER: John Carollo Engineers 225 Hospitality Lane,Suite 108 San Bernardino CA 92408 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 - -INSURAINCE AND-INI)EMNIFICATION 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 OW-14ER 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 minimum of $1 ,000 ,000 . -4- 6 .3 In consideration of the risks associated with and the unavailability of professional liability insurance for pollutants as that term is defined in ENGINEER'S pro- fessional liability policy, the OWNER shall indemnify, defend and hold ENGINEER harmless from any and all claims, damages, suits, losses or expenses, including attorneys' fees and other costs of defense, which in any way arise from the CITY'S or its agent's transporta- tion, storage, treatment or disposition of the granular activated carbon from Well 31A. ENGINEER agrees to inderitnify, hold harmless and defend OWNER and any and all of their officers, agents 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 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 design services described in this AGREEMENT. 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 work 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 CONTRACT. 7 .3 The key ENGINEER'S personnel proposed for this project are as follows: Gail P . Lynch, Partner Jim Ewing, Head Engineer Gary Hunter, Project Engineer ENGINEER agrees that these key people will be made available and assigned to the OW14ER'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, cast estimates, and other project documents developed by the ENGINEER pursuant to this AGREEMENT shall become the property of OWNER and shall be deliver ed to OWNER if and when requested upon completion of services. Any reuse of such documents for rather projects and any use of incomplete documents will be at the OW 's sole risk . 7 .5 ENGINEERis for all purposes' an independent contractor. All qualified personnel provided by ENGINEER pursuant to the provisions of this AGREEMENT are to be employed b . ENGI14EER for his account only, and in no event stall ENGINEER or any personnel: retained by him be deemed to have been employed by the OVVNER or engaged by the flW1U 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 OW14ER of all work approved for performance under Article 2 of this AGREEMENT. 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 uncles this AGREEMENT through no fault of the terminating party: P OVI Ii , that no such termination may be effected unless the other party is . igen l not less than. thirty (30) calendar days written notice (delivered by certified rail, return receipt requested) of intent to terminate, and ( ) 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 b allowed for anticipated profit or unperformed services, and { any payment clue to the ENGINEER at the time of termination may be adjusted to the extent of any addi- tional dd -tional. costs to the OWNER occasioned by the ENGINEER'S default. If termination for default is effected by the ENGINEER,r 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 ) deliver or other wise make available to the OWINERt 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 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 timies 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 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 AGREE- MENT. CITY OF REDLANDS JOHJICAROLQ�EN EERS O­)EN IN IN Ey -B --- -- ------- -Z Mayor Gai P. Lynch, art neC V C4 A T TE SADate_ y Clerk +; C i t Attachments -7- TTAC NENT A SCOPE OF WORK WELL 31AWELL-HEAD TREATMENT DESIGN PHASE TASK-! - DESIGN PNFIN T19N Prepare design memorandums covering the following topics: a. Site planning and layout b. Process schematics and design criteria C. Modifications to Well 31A including hydraulics, engine versus motor drives, and building layout. d. Update cost estimate e. Strategy for bidding project f. Noise control TASK 2 - DESIGN Prepare plans and specifications for the envisioned GAC treatment project. TASK 3 - MEETINGS Attend meetings with affected agencies, in general accordance with the following schedule: &gBNr MEETINGS a City Public Works Commission 2 Engineer/Owner Progress 6 0 California Department of Health Services e California Water Quality Control Board 1 TENTATIVE DRAWING LIST 1. Title Sheet, Location, Index 2. Site Piping, Grading . Offsite - Piping 4 . Well - Improvements 5 . Building - Well Housing 6 . Pad/Foundations 7 . Mech - Piping Details 8 . Mech - Piping Details 9 . Details - Miscellaneous 10 . Electrical 11 . Electrical 12 . Electrical - Telemetry ATTACE,MEh4r E WELL 31-A WELL-HEAD TREATMENT PROJECT CHEDULE ITEM DATE 1 . Notice to Proceed 5/17/89 2. Draft Design Memorandums 6/30/89 3 . Receipt Draft Memorandum um Comment 7/14/89 (State/City) 4 . 50-percent Submittal 8/18/89 5 . Receipt 50-percent Submittal Comment 9/1/89 (State/City) 6 . 90-percent Submittal 10/2/89 7 .. Receipt 0--percent Submittal Comment 10/13/89 (State/Cite 8 . 100-percent Submittal - Did Announcement 11/3/89 NOTE. SCHEDULE MAY BE REVISED AFTER THE BIDDING STRATEGY IS DETERMINED.II ED.. ATTACHMENT Q RATE SCHEDULE WELL 31-A WELL HEAD TREATMENT DESIGN PHASE PERSONNEL CATEGORY HOURLY RATE Partner $ 110 -00 Head Engineer $ 98.50 Engineer $ 74.75 Assistant Engineer 51 .75 Senior Designer $ 58.25 Draftsperson $ 39 .25 word Processing $ 34 .50 EXPENSES HOURLY RATE Computer (PC) $ 15 .00 CAD Station $ 26 .00 Plotter Equipment $ 35 .00 Word Processor $ 10 .00 Other direct expenses will be billed at actual cost. FEE PROPOSAL WELL 31A WELL-HEAD TREATMENT DESIGN PHASE TASK 1.0 - DES I E-Mg-RAM-U S C teoory RoursZHgur�y Fate Total Partner 16 @ $110 .00 $ 1,760 .00 Head Engineer 40 0 98 .50 3,940 .00 Engineer 80 @ 74 .75 5,980 .00 Assistant Engineer 20 @ 51 .75 1,035 .00 Senior Designer 20 @ 58 .25 1,165 .00 Dr ftperson 20 @ 39 .25 785.00 Word Processing 40 @ 34 .50 1,380 .00 Expenses. Reproduction - 20 copies 1,200 .00 TOTALS 236 17,245 .00 TASK 2.0 - DESIGN C tegory Hoo rs Sourly Rate Total Partner 40 @ $110 .00 $ 4,400 .00 Head Engineer 88 C 90 .50 8,668.00 Engineer 724 C 74 .75 54,119 .00 Assistant Engineer 160 @ 51 $75 8,280 .00 Engineering Technician 340 @ 62 .00 21,080 .00 Draftperson 200 @ 39 .25 7,850 .00 Worcs Processing 80 @ 34 .50 2,760 .00 Expenses. Reproduction, Subcontractors/CAD 1,200 .00 TOTALS 1,632 $118,357 ,00 TASK 3 .0 - iEETI NGS ateeor FoursYHgurly ?.ate Total Partner 8 @ $110 .00 $ 880 .00 Head Engineer 64 C 98 .50 6,304.00 Engineer 24 C 74 .75 1,794 .00 Vlore Processing 8 @ 34 .50 276 .00 TOTALS 104 $ 91254.00 Page 1 of 2 TO'N'AL TASKS 1 .0 THROUGH .0 TOTAL HOURS 1,972 $144,856 .00 SCHEDULE 4F EXPENSES Task 1 Reproduction 1,200 Task 2 Reproduction 3,600 Soils Consultant 3,600 Survey Consultant 1,500 CADD/Computer 2,500 TOTALS $12,400 BUDGET TRANSFER, Tasks and budgets have been negotiated on basis that unused budgets from one task may be transferred to another task (s) where needed; such transfer to be reviewed and approved by the City. Fee schedule rates are effective through October 1989, Page 2 of 2