Loading...
HomeMy WebLinkAboutContracts & Agreements_153-2001_CCv0001.pdf AGREEMENT TO FURNISH SERVICES FOR PROFESSIONAL SERVICES FOR CONDUCTING A VALUE ENGINEERING ANALYSIS OF WASTEWATER TREATMENT PLANT MODIFICATIONS FOR THE CITY OF REDLANDS' RECYCLED WATER PROJECT This Agreement is made and entered into this 6'day of November, 2001 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Smith Culp Consulting, (hereinafter "Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for conducting a Value Engineering Analysis of the Wastewater Treatment Plant Modifications for the City of Redlands' Recycled Water Project in support of a State Revolving Fund Loan application with the State Water Resources Control Board ("Project"), for the City of Redlands, California. 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant 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 Consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant 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 Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City- owned property or rights-of-way as required by Consultant to perform the Services. AGREEMENT TO FURNISH VALUE ENGINEERING CONSULTING SERVICES FOR THE REDLANDS RECYCLED WATER PROJECT November 6,2001 Page 2 3.3 City designates Douglas Headrick as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of $56,006. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment "D", entitled "Rate Schedule". 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the services, indirect costs, and the detailed cost of all Services, including backup documentation. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 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 Consultant Douglas Headrick Smith Culp Consulting Municipal Utilities Department 653 Ravel Court 35 Cajon Street, P. O. Box 3005 Las Vegas, NV 89145 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 Zn to this paragraph. AGREEMENT TO FURNISH VALUE ENGINEERING CONSULTING SERVICES FOR THE REDLANDS RECYCLED WATER PROJECT November 6. 2001 Page 3) ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary. All insurance required by this Agreement is to be maintained by Consultant for the duration of this Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall provide City with Certificates of Insurance evidencing such insurance prior to commencing the services. 6.2 Worker's Compensation and Employer's Liability. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from -work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the contract comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers acceptable to the City. Minimum coverages of one million dollars ($1,000,000) per occurrence and two million dollars {$2,000,000) aggregate for public liability, property damage and personal injury is required. The City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (301) days prior written notice to the City. 64 Business Auto. Liability Insurance. Consultant shall carry business auto liability coverage, with minimum limits of five hundred thousand dollars ($500,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used on the Agreement, hired and non-owned vehicles, and employee non-ownership vehicles. 6.5 Hold Harmless and Indemnification. Consultant shall indemnity, hold harmless and defend Citv and its elected officials, agents and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Consultant., AGREEMENT TO FURNISH VALUE ENGINEERING CONSULTING SERVICES FOR THE REDLANDS RECYCLED WATER PROJECT November 6, 2001 Page 4 its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Consultant's obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits. 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 Consultant 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 Consultant's key personnel for the Project are: Project Manager: Gordon Culp Consultant 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 Consultant 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 Consultant is for all purposes an independent contractor. All personnel employed by Consultant are for its account only, and in no event shall Consultant 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 the City, without cause, by providing ten (10) days prior written notice to the Consultant (delivered by certified mail, return receipt requested) of intent to terminate. AGREEMENT TO FURNISH VALUE ENGINEERING CONSULTING SERVICES FOR THE REDLANDS RECYCLED WATER PROJECT November 6, 2001 Page 5 7.8 Upon receipt of a termination notice, Consultant 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 Consultant 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 Consultant. 7.10 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 Consultant have signed in confirmation of this Agreement. City of Redlands Smith Culp Consulting ("City") ("Consultant") By: I Le;�-- By: PAT GILBREATH Mayor Title: ATTEST: Lorri oyzer C' ,clerk, City jcic _ of Redlands APPENDIX A SCOPE OF SERVICES TASK I - FINALIZE VE ARRANGEMENTS The final arrangements for the Value Engineering (VE) workshop will be made. This will be accomplished in concert with City personnel. A meeting room will be rented at a local hotel, or a conference room in a City building or in the designer's office could be used. It is important that the room be large enough to house the VE team and those attending the initial and final briefings. All of these items will be discussed with the City. TASK 2 - DATA GATHERING Have discussions with City officials and the design engineer to schedule the workshop and identify the items and information that will be needed for the workshop. Available information will be collected. TASK 3 - COST AND ENERGY MODELS An independent construction cost estimate will be completed. Based on this cost estimate, a cost model will be developed. The cost model identifies these components of the plant contributing to most of the costs and where costs may be higher than expected -- which indicates where costs may be saved. Similarly, an energy model will be developed to identify those areas with high energy consumption. TASK 4 - SUMMARIZE AND DISTRIBUTE MATERIALS After we have received all of the available materials to be used in the workshop, they will be summarized and distributed to the VE team members. The VE team members will receive that material that pertains to their specialty area(s), as well as the general summary. TASK 5 -TEAM MEMBERS REVIEW OF MATERIALS The respective team members will review the materials prior to starting the work-shop. Normally, this review occurs during the week before the actual workshop. TASK 6 -VE WORKSHOP The actual 40-hour workshop is conducted during this task. A tentative workshop agenda is shown in Table 1. At the end of the workshop, the ideas will be summarized and presented to the City and the designer. Copies of the detailed worksheets will be provided. TASK 7 - PREPARE VE REPORT The draft VE report will be prepared during the workshop to allow the owner and the designer to have the draft report on the last day of the workshop. The VE Team Coordinator (VETC) will work on report preparation in the evenings after each workshop session. This report will summarize the VE process and will clearly identify which ideas the VE team recommends. All the ideas that are developed in some detail (costs estimated) are provided with a unique identifying number that can be used to locate all the worksheets relating to that idea. A tentative outline of the VE report is shown in Table 2. TASK 8 - REVIEW AND CHECK DETAILED WORKSHEETS Following the workshop, the VETC will review and check each worksheet. The intent of this task is to avoid arithmetic errors or incorrect concepts. All the worksheets will be reviewed for consistency of the costs included and the City and designer will be advised of any needed changes. TASK 9 - SCHEDULE AND PARTICIPATE IN TELEPHONE REVIEW CONFERENCE The City and designer should complete the response to the VE report within one to two weeks of the end of the workshop. The designer will have the summary of the workshop findings on the last day of the workshop and all of the worksheets, so that they can be working on their response to the VE ideas immediately. Once the designer's response has been prepared, copies are delivered to the City and VETC. The VETC, in conjunction with the City, will schedule a telephone Review Conference. This conference will be used to review the response by the designer, and ensures that the designer clearly understood the intent of the ideas. At this conference each of the VE ideas is finally "accepted" or "rejected" by the City and the designer. In this way the project schedule is not delayed, and the designer can start incorporating the accepted ideas into the project. 9 t� TASK 10-PROJECT COORDINATION AND MANAGEMENT In this task, the overall coordination and management of the workshop Is conducted. This includes communication with the owner and designer, scheduling the workshop, briefing the VE team members, making sure that all the necessary worksheets are available at the workshop, and all other matters pertaining to the successful completion of the workshop that do not fall within another specific task. TABLE I WORKSHOP AGENDA 1v IONDA Y A.11 -INFORMATION PHASE • Introduction by VETC • Project description and presentation by designer, tour site • Comments by owner • Comments by regulatory agencies, if present MOATDA Y P M -INFORMA TIO,,NA.,VD SPEC ULA TIVE PHASES • Review cost model • Prepare graphical presentation of cost model • Identify, areas for speculative phase • Begin speculative/creative phase by starting to list ideas TUESDA YAM & P.M. -SPECULA TIVEICREA TIVE PHASE • Continue listing creative ideas • Select best ideas for further development based on advantages/disadvantages and ranking of ideas (subjective ranking) • Identify each idea evaluated with a number for easy location of information in the preliminary report IYEDNESDAYAM & P.JV -EVALUATIONAND INVESTIGATION PHASES • Complete evaluation phase • Begin investigation phase • Develop alternative designs based on the highest-ranked ideas selected during the evaluation phase • Compute life-cycle cost comparisons • Prepare suitable sketches of ideas THURSDAYA.JV1. & P.M -INVESTIGATION PHASE 0 Continue investigation phase FRIDA Y A.M -INVESTIGATION PHASE • Complete investigation phase L_ FRIDAY P Al -RECOMMENDA TIOATAND PRESENIA TION PHASE 0 Prepare recommendations and cost summaries for each of the ideas evaluated 0 Informal presentation of VE workshop results and draft VE report • Representatives from designer, the owner, and regulatory agencies normally attend presentation I I TABLE PRELIMINARY REPORT OUTLINE Section Description Title Project Summary Description Table of Contents ES EXECUTIVE SUMMARY I INTRODUCTION General Scop of Study VE Workshop Participants 11 PROJECT DESCRIPTION General Description of Treatment Units Process Design Criteria III VALUE ENGINEERING PROCEDURE General Pre-Workshop Preparation Project Constraints Economic Data(Cost Model) VE Workshop Post-Workshop Procedures IV SUMMARY OF RESULTS APPENDICES A SPECULATION WORKSHEETS B IDEA EVALUATION WORKSHEETS C VE ANALYSIS WORKSHEETS (Costs completed and comparisons made for ideas not recommended). D LIST OF VE TEAM MEMBERS AND PHONE NUMBERS 1 11 ATTACHMENT B PROJECT SCHEDULE SCHEDULE FOR VALUE ENGINEERING STUDY Immediately upon contract execution • City provides relevant design and related documents. Week of No-v-,ember 26 2001 • Outline and develop cost and energy models. • Summarize any unusual or critical factors and discussions with the designer. • Schedule meeting room. • Distribute materials to team members for their review. Week of December 3, 2001 • Complete VE workshop preparations and cost and energy models. • VE Team Members review documents. Week of December 10, 2001 • Conduct five-day VE workshop • Present findings of VE workshop at informal meeting at the end of workshop and present draft VE report. Week of December 17, 2001 • Check VE report worksheets. Advise City and designer of any changes. • Designer and owner evaluate VE recommendations. Schedule and prepare for review and evaluation conference. Week of December 24, 2001 • Receive response to the preliminary VE report early in the week. Attend the evaluation conference at the end of the week. • Designer begins to incorporate VE ideas into the design. it ATTACHMENT C PROJECT FEE COSTS —REDLANDS, CA VALUE ENGINEERING STUDY Task VETC Sanitary Civil Mechanical Elect/I&C TOTAL No. Culp Engineering Engineering Engineering Engineering ESTIMATED LABOR, HOURS I Finalize VE Team, Arrangements 4 4 2 Data Gathering 4 4 3 Cost and Energy Models 8 8 4 Summarize and Distribute Info. 4 4 5 Review of Mads. 8 8 8 8 8 40 6 VE Workshop 40 40 40 40 40 200 7 Review and check worksheets 4 4 8 Prepare VE Report 8 8 9 Participate in phone review 2 2 10 Project coord. and management 8 8 Total,hours 90 48 48 48 48 282 Hourly Rate $200.00 $160.00 $160.00 $160.00 $160.00 Total, labor costs $18,000.00 $7.1680.00 $7,680.00 $7,680.00 $7.680.00 $48,720.00 ESTIMATED EXPENSES Travel Task 6 $1,300.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $5,300.00 Task 9 $0.00 $0.00 Miscellaneous $250.00 $250.00 5% of sub. costs $1.736.00 $1.736.00 Total, expenses $7,286.00 TOTAL COST $56,006.00 ATTACHMENT D RATESCHEDULE The rates are as follows: VETO, Gordon Culp $200/hour VE Team Members not to exceed $175/hour Expenses billed at cost Five percent service charge on subcontracted services