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HomeMy WebLinkAboutContracts & Agreements_3-1987_CCv0001.pdf ." AGREEMENT TO FURNISH ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT EXPANSION This AGREEMENT is made and entered into as of this 20th day of January, 1987, by and between City Of Redlands, hereinafter referred to as "OWNER" and John C8r011O Engineers, hereinafter referred to as "ENGINEER" In consideration of the mutual promises , covenants and conditions hereinafter --' set forth, the parties do hgr2hv agree as f011O^0 ; SECTION 1 (Purpose and Scope) The purpose of this AGREEMENT is to provide d master contract for engineering services that will be required by the OWNER in general support Of d wastewater treatment plant expansion as generally Outlined in a report titled "Wastewater Treatment and Disposal Facilities Capacity Analysis - Fall 1983.o It is anticipated that services furnished by the ENGINEER to the OWNER will be further defined by a series of Task Orders which will Set forth the work to be performed (detailed scope) , cost, and time for completion. The first Task Order, Task ' Order No. I and attached herewith, describes that work effort required to provide the desired Design Study Update report. SECTION 2 (Engineer' s Services) The services enumerated herein shall be performed as approved by the OWNER. Authorization to proceed shall be in the form Of 8 Task Order specifying the work to be performed , basis of payment, time for completion, as well 85 the personnel and facilities necessary to accomplish the work* Each Task Order, after execution by both parties to this AGREEMENT shall become 8 supplement to and a part Of this AGREEMENT. The Task Orders may cover the following sub- jects: (A) DESIGN REPORT SERVICES ENGINEER agrees to provide that *Orh required * tO furnish the OWNER with necessary design reports. The first such design report will be O Design Study Update report. The Specific services and the scope which the ENGINEER agrees to furnish hereunder and appropriate fee are set forth in Task Order No. l. ��_ ' � (B) PRELIMINARY AND FINAL DESIGN SERVICES The general services to be provided hereunder include that effort re- quired to prepare final plans-SpeCifications that can be subsequently used by the City to go to competitive bidding on the construction portion of the project. (C) BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES The general services to be provided hereunder will generally include Project Management and Administration, Design Consultation where re- quested by the OWNER and agreed to by the ENGINEER, equipment procurement where applicable, construction bidding implementation, shop drawing review, and construction coordination. /D) ON-SITE INSPECTION SERVICES ` ' The general services to be provided hereunder include the furnishing of on-site inspection personnel to Oct as agents of the OWNER in its rela- tions with the construction contractors , to provide on-the-job, day-to- day inspection Of the work; and to keep all records, maps, and plans necessary for the preparation Of record drawings. (E) ADDITIONAL FEE SERVICES The following services may be provided by ENGINEER when requested hv OWNER: - I. "Value EOgineering,'/ in accordance with Value Engineering Guide- lines, when determined to be appropriate by the ENGINEER and OWNER. 2. Construction surveying. 3. Prepare sufficient additional copies of approved plans, specifica- tions, and building documents as are necessary for building and subsequent construction. 4. Operational Startup services. 5. Final operations manual in accordance with existing State-Federal guidelines, if appropriate. 6. Special Administrative Services during bidding and/Ur construction such as : a. Work necessary to resolve bidding iDfOnmalities° bidder appeals Or work necessary to achieve requirements related to minority labor Or minority contractor. b~ Investigations, meetings, and negotiations with the contrac- tor(s) iOV07ViDg claims and legal complaints. -2- ~ ~ ' C. Additional work resulting from the delinquency or insolvency of the contractor(s) or as a result of damage to the construction project caused by fire, flood, earthquake Or other OCtS Of GOD, all exclusive of additional work resulting from litigation. d. Additional work resulting from Strikes, walkouts, or other acts of trade or labor unions , Or work required to resolve disputes to achieve requirements related to minority labor Or minority contractors. 7. Assist the OWNER, as requested, in preparation Of industrial waste ordinances or regulations for controlling industrial waste dis- charges into the OWNER'S Sewerage system. 8. Provide miscellaneous consulting and Other Services, not stipulated elsewhere in this AGREEMENT, when requested by the OWNER. SECTION 3 (Considerations) AS consideration for providing the services enumerated in SECTION 2, and respective Task Order(s) , the OWNER shall pay the ENGINEER in accordance with the following payment provisions . The selected payment prOviSiOO/3\ and payment schedule will he as set forth in each Task Order issued by the OWNER; accordingly: /A\ LUMP SUM. The ENGINEER will be paid d lump sum amount for services rendered under this payment provision. The lump sum amount shall basi- cally cover direct salary expense, indirect salary expense, profit, other negotiated direct '0b expenses such as reproduction, travel ' per diem; etc. , and outside subcontract services , if applicable, such as phOt0- graN08try work, survey work, soils work; etc. The exact, negotiated .amount of the lump Sum, applicable scope, and payment schedule shall be as specified in the issued TdSh Order providing for the contractual engineering Services. (8) COST TIMES A MULTIPLIER. The ENGINEER will be paid an amount based on the ENGINEER' S Direct Salary times d Multiplier, plus the amount Of direct non-salary job expenses. The ENGINEER' S Direct Salary is defined as the amount Of the wages or salaries paid to the ENGINEER'S employees working On the project. Non-salary job expense is defined as subC0nSult- ant contracted services , computer services, job travel and per diem, and plans/reports reproduction costs. Non-salaried job expenses shall be billed at invoice cost, and computer services will be billed On an hourly Charge set forth in the Task Order. The Multiplier shall be specified in each Task Order, and shall provide for the ENGINEER' S overhead costs (salary and general ) , and the negoti- ated profit margin. /C\ FEE SCHEDULE. The ENGINEER will be paid an 80QuMt for services rendered accordancein with d fee schedule in effect at the time the work is accO0plished. The fee schedule shall Set forth the ENGINEER/5 employee classifications , employee classification rate, plus identified MQD~5dldry -3- ~ 'Ob expenses such as computer time, etc. Outside subCOnsu7t8nt services, if applicable, will be billed at invoiced cost; Or as specified in the applicable Task Order. (D) OTHER. The ENGINEER and OWNER may agree QO Other methods Of re- imbursement to suit the particular scope Of negotiated work. The method shall be as specified in the applicable Task Order. (E) The ENGINEER shall bill the OWNER within ten days following the close Of each month by SUbmitting an invoice indicating the work performed and the cost of all work. Payment by OWNER to ENGINEER shall be made within 45-days after receipt Of ENGINEER' S hereinabove described invoice, by warrant payable to John CarollO Engineers . The ENGINEER reserves the right to stop work on any and all delinquent Task Order accounts Until such time the dc[0UntS are brought Current. ^^ 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 30 Cajon Street Redldnd5° CA 92373 TO ENGINEER: JOHN CAROLLO ENGINEERS 225 N2St Hospitality Lane ' Suite NO. lOO San Bernardino, CA 92408 and when 5O addressed, shall be deemed given upon deposit in the United States Mail , postage prepaid. 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. (F) ENGINEER and OWNER agree that the basis Of engineering related costs for the project is through the preparation Of 8 detailed scope of work for the project, assignment Of effort/expense to accomplish the scope, and time frame within which to accomplish the effort. A change in scope or time frame may impact negotiated costs, and the ENGINEER/OWNER reserves the right to re-negUt43t8 costs impacted by such referenced changes. SECTION (8) All work under this AGREEMENT shall be done in a professional manner, and ENGINEER represents that he is skilled in the professional expertise necessary to provide the services under this AGREEMENT~ -4- ~ ^ - ` (B) 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. /C\ The ENGINEER will not begin work On any of the services listed in SECTION 2 until the associated Task Order has been approved and the OWNER directs him in writing to proceed. (D) INSURANCE. Engineer shall maintain inSUrDnCe to protect OWNER from any and all claims under the workmen' s compensation laws; and from general liability claim for bodily injury, Or death, Or property damage which may arise from negligent performance by ENGINEER' S employees, agents, succes- sors, and assigns while performing the services covered by this AGREE- MENT. Said public liability and property damage insurance shall be in O minimum combined Single limit of $500,000 per occurrence. ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph to protect OWNER from negligent acts, errors Or OmiSSiODS Of d professional nature; the total aggregate of ENGINEER'S professional liability insurance C0Yer3g8 shall be d minimum of $500,000. ENGINEER will meet the above stated insurance requirements providing that the insurance is available to the ENGINEER, and at J cost that is r2dS0Odble to the ENGINEER and its clients. (E) The key personnel proposed for this project 13 as follows: 0 Gail P. Lynch - Partner-in-Charge 0 Lewis J. Ewing Jr. - Project Manager 0 Robert B. Stallings - Project Engineer 6 Donald E. DOA0V3O - Construction Period Services Manager 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 CUO- CurreDC8 from the OWNER. /F\ DOCUMENTS. It is understood and agreed by and between the parties that all documents, records , drawings , designs and specifications, cost esti- mate, and other project documents developed by the ENGINEER pursuant to this AGREEMENT shall become the property of OWNER and shall be delivered to OWNER if and as requested upon completion Of services. The OWNER will reimburse the ENGINEER for extra expenses /i .e. , reproduction, binders, etc.) d55UCidted with this task , if applicable. SECTION 5 (Legal Relations) (A) ENGINEER is for all purposes an independent contractor. All qualified personnel provided by ENGINEER pursuant to the provisions of SECTION I 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. -5- " ~ . ~ / . (B\ ENGINEER agrees to indemnify, 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 negligent act Or actions, m01Ssi0n Or failure to act OO the part of the ENGINEER, his contractors, his suppliers , anyone directly or indirectly employed by any of them Or anyone for whose dCtS Or omissions any Of them may be liable in the performance Of the services described in this AGREEMENT. (C) Cost Estimates. Budget, construction and Similar COSt estimates prepared by the ENGINEER represent the ENGINEER' S best judgment as d prOf255iOQOl familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the OWNER has control Over the cost of labor, materials or equipment, over Contractor's methods Of determining bid prices or the competitive bidding or negotiating conditions. According- ly, the ENGINEER cannot and does not warrant Or represent that bids or negotiated prices will not vary from project budgets Or estimates , es- tablished or approved by the OWNER, or from any cost estimate Or evalua- tion prepared by the ENGINEER. (D) 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. (E) 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. /F\ The OWNER shall make freely available to the ENGINEER for examination all directly pertinent books , documents , papers, and records Of the OWNER involving transactions related to this AGREEMENT. SECTION 6 (Termination of Agreement) /A\ Unless earlier terminated as stipulated below, this AGREEMENT Shall terminate upon completion and acceptance by the OWNER Of all work ap- proved for performance under SECTION 2 of this CONTRACT. Nothing in this CONTRACT shall obligate the OWNER to approve subsequent Task Orders. (8) This AGREEMENT may be terminated in whole or in part in writing by either party in the event Of substantial 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 ( l) 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 tenminat- ing party prior to termination. -6- /C\ If this AGREEMENT is terminated in whole or in part by the OWNER for reasons Of default by the ENGINEER, a negotiated adjustment in the price provided for in this AGREEMENT shall be made, but /I\ 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 additional costs to the OWNER occasioned by the ENGI- NEER/3 default. If termination for default is effected by the ENGINEER, the negotiated adjustment shall include a reasonable profit for services performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and 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. /O\ Upon receipt Of a termination notice, the ENGINEER shall /l\ prompt ly � discontinue all services affected (unless the notice directs otherwise) , and /2\ deliver Or Otherwise make available to the OWNER, COpi8S of data, design calculations , drawings, specifications, reports, estimates, sum- maries, and Such other information and materials as may have been accumu- lated by the ENGINEER in performing this AGREEMENT. SECTION 7 (Entire Agreement) This AGREEMENT, including attachments incorporated herein by reference, repre- sents 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 AGREEMENT to be effective shall be in writing and signed by the OWNER and ENGINEER. SECTION 8 (Governing Law) 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 REDLKND3 JOHN CAROLLO ENGINEERS By U Partner k ATTESDate -7- - ~ ° AGREEMENT TO FURNISH ENGINEERING SERVICES FOR REDLANDS WASTEWATER TREATMENT PLANT EXPANSION TASK ORDER NO. l (DESIGN REPORT SERVICES) This AGREEMENT is made and entered into as of this 28tb day of January 1987, by and between City of Redlands , hereinafter referred to as "OWNER" and John Car011U Engineers, hereinafter referred to as "ENGINEER" In consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties do hereby agree as follows : SECTION 1 (Purpose) The purpose of this Task Order is to authorize and direct the ENGINEER to proceed with "DESIGN REPORT SERVICES" as described in SECTION 2/A\ Of the January 1987 AGREEMENT, and as more specifically described below. The report will take On the form Of 8 Design Study Update report to the master plan prepared by the ENGINEER titled "Wastewater Treatment and Oi5p0S8l Facilities Capacity Analysis - Fall 1983.'^ SECTION 2 (Scope of Work) The following items will be addressed in furnishing the Design Study Update report; accordingly: I. Further refine the design concepts developed in the 1983 capacity analysis master plan. Particular attention will be given to further evaluating : A. Feasibility (short term versus long term) Of operating the Rapid Bloc Process as a viable treatment module. B . Impact of City' s recent purchase of an appropriate 17-Dcre parcel bordering on the south of the treatment plant Site, and west Of Nevada Street. C. Policy decisions by City that could/would impact Site layout, such as plant Staffing , dry storage requirements , maintenance requirements, laboratory requirements, and operations building requirements. -l- ^ . ~ . . ~ ~ 2. Briefly consider the OWNER' S latest population and flow estimates, and present updated concepts that would enable the City to provide for a treatment capacity beyond 8-MGD. A recently stated goal by the OWNER is to consider expansion feasibility Of at least 9-MGD and perhaps 10-MGD. 3. In consideration of the recently purchased land, conceptually master plan 8 Site layout that would take the OWNER beyond this proposed expansion phase. The OWNER would like to have d ball park idea of how much treatment could be provided at the existing treatment plant site. 4. Further addresses expansion alternatives/concepts identified by the OWNER since the preparation Of the 1983 Master Plan. The report should at least address the following items : o) Alternative way Of using the equalization basin in the hv- drauliC prof 1le. b\ Feasibilitv Of converting the existing secondary digester Over to 8 primary digester. C\ Feasibility of operating an anoxic zone in the nitrification tanks, and the resulting potential impacts OO capacity, i .e. , should a third secondary clarifier be added to the nitrifica- tion facility? d\ Feasibility of modifying the existing fixed film reactor (trickling filter) in lieu Of constructing a new, proposed unit. e\ Feasibility of providing 8 gravity thickener to thicken trickling filter sludge. 5. Review schedule presented by ENGINEER in proposal to OWNER dated 5 December 86, and present O more complete phasing and schedule Of events. 6~ Conceptually develop/add to existing cost information a schedule of costs that reflect the plant siting/sizing selected by the OWNER during the Design Study Update period. 7. Meet with OWNER and Regional Water Quality Control Board, and advise then Of the work in progress, and receive their input. B. Prepare/present the OWNER with ten ( lO) draft copies of the report for review and comment. 9. Upon receipt of comments, provide the City with twenty five (25) SgtS of the final report with revisions; etc. -2- . � ' ~ . - SECTION 3 (Time of Performance) The ENGINEER and OWNER have agreed upon the SCOp8 and recognize that time is of the essence. To this extent , the following Schedule has been proposed: Days Following Item Authorization to Proceed I. NUtic2 to Proceed u 2, Draft Report to OWNER for Review 30 3. Receipt Of OWNER Comments 45 4~ Final Reports Available 75 The OWNER/ENGINEER agree that each will diligently work toward meeting the above schedule. It is envisioned that all work covered by the Task Order will be completed by June 87. If for unforeseen reasons the work is delayed beyond this date, the ENGINEER may need to revise the scope and payment provisions for work ac- complished at a later date. SECTION 4_(Payment) Payment to the ENGINEER for services performed under this Task Order shall be as provided for in SECTION 3R Of the January 1987 AGREEMENT. Payment for Services under this Task Order shall be based On the ENGINEER/3 Direct Salary times a Multiplier. The Multiplier for this Task Order shall be 2.761. A cost Ceiling of Thirty Four Thousand Eight Hundred Dollars /$34,800.00\ is hereby established for the envisioned work, and will not be exceeded except as provided for in SECTION 3 Of the January 1987 AGREEMENT. Exhibit 8 is attached hereto, and reflects the above C0GtS. SECTION 5 (Effective Date) This Task Order NO. l is effective as Of 21 January 1987. IN WITNESS WHEREOF, this AGREEMENT is executed by the Mayor and City Clerk of the CITY OF REDLANDS, pursuant to action of its City Council authorizing same, -3- and the ENGINEER has caused this AGREEMENT to be executed the day and year first written above. CITY OF REDLANDS JOHN CAROLLO ENGINEERS By s By Mayor Gail P. Lync Partner, ATTEST.. OF.ty Clerk( I -4- . . � � EXHIBIT A TO TASK ORDER NO. l � BUDGET HOURS Engineering 372 Technical 80 Clerical 40 BUDGET TOTAL 472 � PROJECTED AVERAGE BILLING RATE $24.50 per hour � TOTAL LABOR EXPENSES 472 hrs @ t24.50/hr $31^928 Times 2.76I Multiplier � OTHER JOB EXPENSES Computer - IO hrs . @ $15/hr $ 150 Travel Plane 4 fares @ $I30 $ 520 Car 4 rental days @ $50 200 Job mileage 1,00V mi @ $.27/mi 270 Per Diem 8-days @ $55 ea. 440 $1,430 $ 1 ,580 � REPRODUCTION lO draft copies @ $15 150 25 final copies @ $45 1.125 $1 ,275 $ 1^275 TOTAL BUDGET $34,783 Say $34~300