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HomeMy WebLinkAboutContracts & Agreements_69-2001_CCv0001.pdf AC REEMENT TO FURNISH ENGINEERING SERVICES FOR THE CITY OF REDLANDS WASTEWATER TREATMENT PLANT ELECTRICITY COGENERATION FACILITY This Agreement is made and entered into this 15th day ofMay. 2001, by and between the City of'Redlands, a municipal corporation (hereinafter "Cite"") and Janechek & Associates. hereinafter ("Engineer"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby auree as follows: ARTICI-E I - FN(jAGF1\4F`NT OF I'NGINFER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform engineering seri Z� ices (-Services") for the Electricity Cogeneration Facility proposed at the City's Wastewater Treatment plant located at 1950 Nevada Street. Redlands. California ("Project"). 1.2 'I'he Services shall be performed by Frigincer in a professional manner, and Engineer represents that it has the skill and the professional expertise necessary to provide high quality Services Ior the Project at the level of competency presently maintained by other practicing professional engineers in the industry providing ng like and similar types of services. AR'FIC1-E 2 - SERVICES OF ENQINIEFR 2.1 The specific Services, which Engineer shall perform. are more particularly described in Attachment 'A, entitled -Scope of Work,- which is attached hereto and incorporated herein by this reference. ARTIC1,F 3 - RESPONSIBILITIES OF CI'I'Y 3.1 City shall make available to 11"n-incer information in its Possession that is pertinent to the performance of Engineer's Services. 3.L City will provide access to and make provisions for Engineer to enter upon City-o�vned property as required by Engineer to perform the Services. 3.3 ("Itv designates Douglas fleadrick. Chief of Water Resources, to act as its representative with respect to the Services to be performed under this Agreement. 4-- Engineering Services Electricity Cogeneration Facility January 16, 2001 Janechek & Associates 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. NT 5.1 The total compensation for Engineer's performance of the Services shall not exceed $76.184 in accordance with Attachment C - Project Costs. City shall pay Engineer on,a time and materials basis at the hourly rates shown in Attachment D - Fee Schedule. 5.2 Engineer shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who per-formed the Services, indirect costs. 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. 5.3 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 Alan Janechek, P.E. Municipal Utilities Department Janechek & Associates 35 Cajon Street, Suite 15A 248 Hill Place P. O. Box 3005 Costa Mesa, CA 92627 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 (living notice pursuant to this paragraph. AR N 6.1 Engineer shall be exempt from providing workers' compensation insurance for company officers. who will be covered under equivalent private disability insurance. Engineer shall provide automobile liability, and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury, personal 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 in 'a minimum combined single limit of $2,000,000. and in the aggregate. Engineer shall maintain professional liability insurance in the aggregate amount of $1,000.000 with a Engineering Services Electricity Cogeneration Facility - Janechek & Associates January 16, 2001 minimum of $500.000 per occurrence. Automobile liability shall be in a minimum $500,000 blanket. and $50,000 per Occurrence, to be obtained 'within 30 days. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability and professional liability insurance, 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 ertificates of insurance evidencing such insurance coverage prior to commencing the Services. zn 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 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. A TICH', 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 t,he terms. provisions and e conditions of this Agreement. Z:� 7.> Engineer agrees that the key personnel as shorn in Attachment E — Organization Chart 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 be at 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. 1 7.6 Nothing in this Agreement shall give Engineer authority with respect to any City decision beyond the engineering services as outlined herein and specifically as set forth in Engineering Seri ices Electricity Cogeneration Facility - Janechek & Associates January 16, 2001 Attachment "A", -Scope of Work." and the rendition of information, advice, recommendation or counsel. 7.7 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of'the Services. 7.8 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the 'other (delivered by certified ma requested)of intent to terminate. mail, return receipt 7.9 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 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. 7.10 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. 7.11 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the pat-ties and any prior negotiations, Z:� proposals or oral agreements associated with -Project- are Superseded by this Agreement. Any Agreement amendment to this reement shall be in writing, I I Z:� ing, approved by the City Council Of City and signed by City and Engineer. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the I State of California. Engineering Services Electricity Cogeneration Facility - Janechek & Associates January= 16,2001 IN FITNESS WHEREOF, duly authorized representatives of the City and Engineer have signed in confirmation of this Agreement. City of Redlands Janechek & Associates ("Engineer") By: Bv: PAT GII BREATH ALAN JANECHEK lUlayor President ATTF?S"T: DeP , City 'le utu Clerk. City of'Redlan .. ATTACHMENT A SCOPE OF WORK for FINAL DESIGN for the CITY OF REDLANDS ALTERNATIVE ENERGY DEVELOPMENT PROJECT LANDFILL GAS and DIGESTER GAS TO ELECTRICITY Background The City of Redlands and J&A has conducted a preliminary evaluation of the feasibility of using LFG and digester gas to generate electricity for use at the wastewater treatment facility. The wastewater facility currently uses approximately 500 to 600 kW of electricity. The LFG collection system is capable of supplying approximately 1000 kW of electricity in 2001, with continued increase of flow in the future as the landfill expands. Additional gas may be supplied from the wastewater plant digesters. The design will include incorporation of the digester gas, to be implemented in the future as needed. The existing LFG collection and flare system consists of 68 vertical and horizontal LFG extraction wells, collection piping, and an enclosed flare for disposing of the collected LFG. TASK 1: Engine Generator Design The design of Engine Generator Facility (EGF) will consist of the final LFG Engine Generator Design. Permitting of the facility is being conducted under the preliminary design contract. Flare station modifications design is being conducted under the landfill operations contract. This design of the Engine Generator Facility will be based on the preliminary design prepared by Janechek & Associates and will include design of the engine generators, electrical service design, foundations, the enclosure building, process piping and instrumentation, process controls, and modifications to the existing system. J&A has prepared a preliminary design of the system based on the existing facility. The design includes one or two engine generators (depending on the engine manufacturer and offsite power distribution), process piping and controls, an aftercooler and coalescing filter. Task 2: Construction Management This task consists of assisting the City with management of the construction of the proposed project and development of the specifications and public works bid packages for construction activities listed below. Equipment available at the wastewater plant will be used whenever possible, with the approval of plant supervisor, as a means to minimize costs. Electrical service connection from the wastewater plant service connection to the Engine Generators and the building and foundation will be constructed by an outside contractor. Construction tasks included in this construction management agreement are foundation and grading construction, building construction, Engine Generator installation, flare station modifications, installation of the process piping and controls, and mounting and piping of the Engine Generators. For these tasks, AA will provide construction oversight. MA staff will verify that the construction is conducted according to the approved design plans. The building enclosure for the Engine Generators will be either a block wall building or a prefabricated steel building. Foundation construction will consist of grading and construction of a concrete pad. We recommend that this work be contracted to a local firm according to the approved design plans. Installation of the Engine Generators should be included in the purchase of the Generators by the selected manufacturer. Start-up and testing should also be included. ATTACHMENT B SCHEDULE :oi / / M7--j � . . £\- .«� /£ aZ ` t/ )± — «¥ : $£ �'z: � ƒod!® - � � )� » \ o' ( z + §} A 2§} / ; % \ ; / K � °) ) /: : ! x ATTACHMENT C PROJECT COSTS I CALIFORNIA STREET LANDFILL LFG TO ENERGY PROJECT CITY OF REDLANDS CATEGORY TASK SENIOR ELECTRICAL ELECTRICAL CONSTRUCTION ENGINEER ENGINEER DESIGNER MANAGER DRAFTER LFG ENGINE GENERATION HOURS I LEG GENERATION SYSTEM DESIGN 160 32 60SUBTOTAL EXPENSES QUANTITY RATE 60 $ 23,800 MILEAGE 1000 SUBTOTAL-LFG ENGINE—GENERATION 0.35 $ 350 $ 24,15-0.00 CONSTRUCTION AND CONSTRUCTION MANAGEMENT HOURS SUBTOTAL I SITE WORK-FOUNDATION,GRADING,BUILDING 40 24 120 $ 13,720 2 ENGINE GENERATOR INSTALLATION 64 8 64 40 $ 14,208 3 PROCESS EQUIPMENT INSTALLATION 64 32 40 $ 10,768 EXPENSES 4 FLARE STATION MODIFICATIONS 64 16 24 $ 8,288 TRUCK AND TOOLS QUANTITY RATE UNIT 40 100 DAY $ 4,000 MILEAGE 3000 $ 0.35 MI SUBTOTAL-CONSTRUCTION AND CONSTRUCTION MANAGEMENT $ 1,050 OPTIONAL TASKS $ S2,034.00 SUBTOTAL EXPENSES QUANTITY PATE SUBTOTAL-OPTIONAL TASKS $ - TOTAL BUDGET ESTIMATE $ 76,184.00 JA Final Design Costs,xis 05/15/2001 ATTACHMENT D FEE SCHEDULE JANECHEK & ASSOCIATES SCHEDULE of CHARGES for City of Redlands Effective on Contract Start Date 1. For hourly workers, time worked in excess of eight hours per day and weekend work will be charged at 1.5 times the hourly rate. 2. Outside services will include a 5% markup unless listed in the project scope of work. FEE SCHEDULE Principal Engineer $82/hr Electrical Engineer $90/hr Electrical Designer $85/hr Construction Manager $70/hr Drafter $45/hr Environmental Technician $40/hr Construction Laborer $40/hr Mileage $0.35/mi. D-Size Plots (Mono) $18.00 each D-Size Plots (Color) $32.00 each Drawing Bluelines $7.50 each