HomeMy WebLinkAboutContracts & Agreements_37-1999_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR THE PREPARATION OF RISK MANAGEMENT PLANS
FOR THE HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANTS
This Agreement is made and entered into this 20th day of April, 1999 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Resources Management Services
(hereinafter"Engineer").
es, covenants and conditions hereinafter set forth, City and
In consideration of the mutual promis
Engineer hereby agree as follows:
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ARTICLE 1 ENGAGEMENT OF ENGINEER
1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform
engineering services ("Services") for the preparation of Risk Management Plans for the
Henry Tate and Horace Hinckley Water Treatment Plants ("Project"), both of which are
located within the City of Redlands, California.
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 high quality
Services for the Project at the level of competency presently maintained by other practicing
professional Engineers 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.
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.
3.2City will provide access to and make provisions for Engineer to enter upon City-owned
property or rights-of-way as required by Engineer to perform the Services.
3.3 City designates Mike Huffstutler, Project Manager, to act as its representative with respect
to the Services to be performed under this Agreement.
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RISK MANAGEMENT PLANS-TATE AND HINCKLEY WATER TREATMENT PLANTS
Resource Management Services
April 20, 1999
ARTICLE E 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" `Scope of Services."
ARTI LE 5 -PAYMENTS TO THE ENGINEER
5.1 The total compensation for Engineer's performance of tServices
Engineer e a fi 0 d fee
0 in
accordance with Attachment "C" "Project F yshall
basis as shown in Attachment"C" -"Project Fee.
5.2 Engineer shall bill City at the times indicated in Attachment"C"by submitting an invoice
indicating the Services performed 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.
iven by
5.3 All contractual notices, bills and payments shalldpayments be se in sentby mail shat be addrg and may be gessed as
personal delivery or by mail. Notices,bills an
follows:
City
Engineer
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Mike Huffstutler Pankaj Garg
Municipal Utilities Department Resource Management Services,Inc.
35 Cajon Street 7304 Celata Lane
P. O. Box 3005 San Diego CA 92129
Redlands CA 92373 (Payments to be made payable to:
Resource Management Services,Inc
11303 Dundee Drive
Mitchellville, Maryland 20721)
it When so addressed, such notices shall be deemed given upon deposdeemed��i he a�United
Sttatme es
Mail. In all other instances,notices,bill and payments shall be ZD
in the names and addresses of the person to whom
actual delivery. Changes maybe made
n by giving notice pursuant to this paragraph.
notices,bills, and payments are to be give
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RISK MANAGEIET PLANS-TATE AND HINCKLEY WATER TREATMENT PLANTS
Resource Management Services
April 20, 1999
ARTICLE 6 iT S M _NCE AND INDEIIA FICATI{�_1'4
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 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
$1,000,000 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
$l,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-insurancemaintained 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 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 QO ERAL CQNSIDERATIONI S
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 wit and
the
prior written approval of City and in strict compliance with the terms, provisions
conditions of this Agreement.
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RISK MANAGEMENT PLANS-TATE AND HINCKLEY WATER TREATMENT PLANTS
Resource Management Services
April 20, 1999
7.3 Engineer's key personnel for the Project is:
Project Manager: Pankaj Gang
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 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.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.7 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.
7.8 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.
7.9 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.
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RISK.MANAGEMENT PLANS-TATE AND HINCKLEY WATER TREATMENT PLANTS
Resource Management Services
April 20, 1999
7.10 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.
7.11 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 Resource Management Services, Inc.
{"City") ("Engineer")
By: Ey: =
WILLIAM E. CUNNINGH
Mayor
ATTEST:
City .ler'k, City b Hands
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pREpA,RATION OF RISHINCKLEY
INC�KLOE MwATER TREATMENT PLANT
NT PLANS
FOR THE HENRY TATE AND HORA
CE ATTACHMENT A
SCOPE OF SERVICES
ATTACHMENT A
SCOPE OF WORK
The scope of services to b
provided consists of the preparation of three related documents compliant with
the appropriate regulatory requirements:
a federal RMP plan;
a CaIARP plan; and
an OSHA PSM Program.
The scope of work to be performed includes the following:
ility study,
I. Update any existing technical studies such afohtoxicamaterials,rd an rasrequired. air disperson ion analyses,
analyses,and off-site consequence analyses
2. Perform new technical studies suchor regulatedzard and
dopes not previously covered�any existing
and off-site consequence analyses
RMpp work.
3. Evaluate each treatment plant's five yearandpractices
r ent history and
make mitigation
for ro appropriate.
4. Evaluate existing procedures,programs P
requirements of federal RMP,CalARP or OSHA PSM as app p
modifications to meet the req Personnel
to
procedures,programs and practices do not exist,work with City p
5. Where required p rocedures,programs and practices. and for
develop ALL required p data for reparation and submittal of an RMP CaIARP
6. Collect and compile necessary F compliant documents are not required
required OSHA PSM compliant documents(OSHA PSM
to be submitted,they must be maintained onsite). gent
7. Coordinate efforts of all aspects of the project scope with the local administering e u
from the local administering agency,submit the documents
& Upon approval of a CaIARPIRMP Fire
to the appropriate regulatory agencies as required(either the San Bernardino County
Department or the USEPA or both).
The scope of work does not include the following:
conduct of a seismic risk assessment(see explanation below);
conduct of sampling activities;
all analytical expenses;
all regulatory licensing fees or document review ees payablehourly fee to rev ewtal documentsAgencies
subnutted
San Bernardino County Fire Department will
for review);
and disposal fees(e.g.,the disposal of samples, etc.
hazardous and non-hazardous waste handling P etc.);and
if required); required to come into compliance(i.e.,labels, drams,
f . purchase of materials and suppliesq put on a class for New Hires,OSHA 24 hour
( e if ou ask RSM to actually F personnel so that they know and
personnel training( �g•� y session to City p
training, etc.).RSM will provide a training lCaIARP documents prepared.
understand the content and requirements of irothe RMP firm and if
h consulting
Resource Management Services sa separate service envscope of enrvicets andecost proposal ed during the ill be submitted
for each
t month
any of these services are required,
performed clearly
on either a time and materials basis or on a
required item.The need for these services will be more clearly identified and defined
of the project. These services,if needed,would be
fixed cost basis(depending upon the situation). Attachment 1 presents gate to thertdechnicdal nature and of Fees. n
f to provide a labor rate that is app F per hour.
time and materials projects,we try P
scope of the issue at hand. In most instances,technical labor utilized will range from S60 to $S p
P
If a seismic risk assessment is required by the Administering Agency,then RSM would develop a scope of
work, identify three potential sub-contractors,obtain bids and assist the City in selecting a qualified and
cost effective sub-contractor to perform the required work. The Administering Agency may only require a
seismic walk-down and supporting documentation on the design and construction standards utilized during
construction/erection of any regulated substance handling equipment of concern. Accordingly,due to the
uncertainty in the scope of work with regard to the seismic work,RSM can not provide an exact quote at
this time. However,we feel that the range of cost may be from$1,440 to$2,000. For budgeting purposes
we recommend that$2,000 be allocated for this task. If a seismic assessment is required,RSM will not
charge any overhead or management fee to oversee the completion of the associated work.
PREPARATION OF RISK MANGEMENT PLANS
FOR THE HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANT
ATTACHMENT B
PROJECT SCHEDULE
ATTACHMENT B
PROJECT SCHEDULE
The following activities represent major activities and relative time-frames for their performance during
conduct of the project:
Mav V Week Collection and evaluation of relevant project information
May 2'Week Conduct Hazard and Operability Study
May 3'Week Perform Offsite Consequence Analysis
June I"Week Prepare Draft Documents for Review
June 2"d Week Submit Draft Documents to San Bernardino County Fire Department
for Review
June Yd Week Submit Final Documents to San Bernardino County Fire Department
for Review(Go to Public Review)
June 21' Submit RMP to USEPA electronically
PREPARATION OF RISK MANGEMENT PLANS
FOR THE HENRY TATE AND HORACE HINCKLEY WATER TREATMENT PLANT
ATTACHMENT C
PROJECT FEE
ATTACHMENT C
FEE PROPOSAL
Resource Management Services,Inc. (RSM)proposes to perform the specified scope of services on a fixed
cost basis for a price of$17,000 for both facilities. Our fee includes all technical and clerical labor charges
and other direct expenses as well as all travel and per them expenses associated with performing the scope
the services specified herein. At the completion of the project the City will receive two copies of each
RMP Public Docurnent/CaIARP Public Document and two copies of each of the Technical Studies
(Volume 11) in loose leaf binders (to facilitate future modifications) and ALL files will be provided in
electronic format in MS Word(IBM format).
The project fee is payable in three equal installments to be billed per the following schedule:
April 23, 1999 $5,666.67
May 23, 1999 $5,666.67
June 23, 1999 $5,667.67
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PREPARATION OF RISK MANGEWATER TREATIYIENT PLANT
FOR THE HENRY TATE AND HORACE HINCKLEY
ATTACHMENT D
RATESCHEDULE
e
ATTACHMENT D
SCHEDULE OF FEES
PROFESSIONAL SERVICES HOUR LY RATE M
Professional Level 1 45.00
Professional Level Il 50.00
Professional Level 111 55.00
Professional Level IV 60.00
Professional Level V 65.00
Professional Level VI 75.00
Professional Level VII 85.00
Professional Level VIII 95.00
Professional Level IX 100.00
Professional Level X 105.00
Professional Level XI 115.00
Principal 125.00
TECHNICIAN.SERVICES
Technician 1 25.00
Technician 11 35.00
Technician 111 45.00
Technician IV 55.00
SUPPORT SERVICES
Clerical 25.00
Technical Editor 35.00
Word Processing 35.00
Graphics 45.00