HomeMy WebLinkAboutContracts & Agreements_237-2005_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR WATER DISTRIBUTION HYDRAULIC MODEL UPDATE AND SYSTEM ANALYSIS
This Agreement is made and entered into this 15`h day of November,2005,by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Wildermuth Environmental,
hereinafter("Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform
professional consulting services ("Services") for Basin Modeling Services for City of
Redlands Wastewater Effluent Analysis ("Project").
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 engineers in the industry providing like and 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,
2.2 Consultant shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including,but not limited to,all applicable
Labor Code and prevailing wage laws.
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 right-of-way as required by Consultant to perform the Services.
3.3 City designates Greg Gage,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 prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B", entitled"Project Schedule".
ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NOTICE
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$24,900. City shall pay Consultant on a time and materials basis up to the not to
exceed amount, in accordance with Attachment "C", entitled"Project Costs" 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
Greg Gage Mark Wildermuth
Municipal Utilities Dept. Wildermuth Environmental
35 Cajon Street 23692 Birtcher Drive
P. O. Box 3005 Lake Forest, CA 92630-1790
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 to this paragraph.
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 Project and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by the City. Consultant shall not perform any
services pursuant to this Agreement unless and until all required insurance listed below is
obtained by Consultant. Consultant shall provide City with Certificates of Insurance and
(30)days prior written notice to City.
6.2 Workers' Comyensation and Employer's Liability
A. Consultant shall secure and maintain Worker Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to the City.
B. 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 extends to Workers'Compensation claim brought by
or on behalf of any employee of Consultant. 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 is 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 Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Business Auto Liability Insurance Consultant shall have business auto liability coverage,
with minimum limits of one million($1,000,000)per occurrence,combined single limit for
bodily injury liability and property damage liability. This coverage shall include all
consultant owned vehicles used on the project,hired and non-owned vehicles,and employee
non-ownership vehicles. Consultant shall obtain an endorsement that the City shall be
named as an additional insured.
6.5 Assignment and Insurance ReguirementsConsultant is expressly prohibited from subletting
or assigning any of the services covered by this Agreement without the express written
consent of City. In the event of mutual agreement between parties to sublet a portion of the
Services,the Consultant will add the subcontractor as an additional insured and provide the
City with the insurance endorsements prior to any work being performed by the
subcontractor. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement,
6.6 Hold Harmless and Indemnification Consultant shall defend,indemnify,and hold harmless
City and its elected officials, employees and agents from and against negligent actions,
claims,demands,lawsuits,losses and liability for damages to persons or property,including
costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
c/
corporation,political subdivision or other organization arising out of or in connection with
Consultant's negligent or wrongful acts or omissions under this Agreement but excluding
such actions, claims, demands, lawsuits and liability for damages to persons or property
arising from the negligence or intentionally wrongful acts of City,its officers,employees or
agents.
ARTICLE 7-GENERAL CONSIDERATIONS
7.1 The sole remedy for any liabilities or claims between the parties is binding arbitration at the
American Arbitration Association in Orange County,California with one arbitrator mutually
agreed by the parties. The prevailing party shall be awarded the fees of the arbitrator as well
as its attorneys' fees, expert fees and costs.
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: Kristal Davis
Project Scientist. Dr. Wenbin Wang
Principal in Charge: Mark Wildermuth
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 documents developed by the Consultant pursuant to this Agreement and
any copyright interest in said above described documents,shall remain the property of the
Consultant The Consultant shall license the use ofportions of these documents for the sole
use of the City at no additional cost Any use of such documents 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.
7.8 Upon receipt of a termination notice,Consultant shall (1)promptly discontinue all services,
and(2)deliver or otherwise make available to City,copies 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. Consultant shall be compensated on a pro-rata basis for work completed
up until notice of termination.
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 written Agreement. Any amendment to this
Agreement,to be effective,shall be in writing and 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 Wildermuth Environmental
("City") ("Consultant")
A
By:
Mark Wildermuth
ATTEST:
By:
City Clerk, City 6"ands
ATTACHMENT A
SCOPE OF SERVICES
Task I —Estimate the TDS and Nitrogen Impacts to Local Groundwater Quality
1.1 Develop Flow and Transport Model
1.2 Initial Water Flow Model and Model set up
1.3 Three Scenario Flow Modeling for Future 25 Years for TDS and NO3
1.4 Three Scenario MT31) Transport Modeling for Future 25 Years for TDS and NO3
1.5 Plot the Results in ArcGIS
Task 2—Prepare Completion Report
2.1 Prepare Draft Report
2.2 Prepare Final Report
Task 3 —Meetings with City
ATTACHMENT B
PROJECT SCHEDULE
--Total labor-----
Total Estimated--
Estimated
mate
TasklSu to /Description Principal Senior Staff Person Grim letion
Days Start Bate pate
Task 1 Estimate the TDS and Nitrogen
Impacts to Local Groundwater Quality
1.1 Develop Flow and Transport Model
1.2 Initial Water Flow Model and Model
set up 0.25 0.5 0.75 11/29/2005 11/30/2005
1.3 Three Scenario Flow Modeling for
future 25 Years for TDS and NO3 0.25 7 7.25 11/31/2005 12/9/2005
1.4 Three Scenario MT31)transport
Modeling for future 25 Years for
TDS and NO3 7 7 12./12/2005 12/20/2005
1.5 Plot the results in ArcGIS 1 1 12/27/2005 12/29/2005
Task 2 Prepare Completion Report
2.1 Prepare Draft Report 3 3 1/4/2006 1/12/2006
2.3 Prepare Final Report 1 1 1/24/2006 1/26/2006
Task 3 Meetings
3.1 Meetings with City 1 1 1 3
ATTACHMENT C
PROJECT COSTS
The work presented in the Scope of Services (Exhibit A) will be completed for the not to exceed
amount of $24,900 based upon the table below, and in accordance with Exhibit D — "Rate
Schedule".
Description Hours Labor Expenses Total
Task I - Estimate the TDS and Nitrogen 128 $17,200 $17,200
Impacts to Local Groundwater Quality
Task 2 - Prepare Completion Report 32 $ 3,520 $700 $ 4,220
Task 3 — Meetings with City 24 $ 3,280 $200 $3,480
—
Total 184 $24,000 --�9-00 $21.900
ATTACHMENT D
RATE SCHEDULE
Hourly
Category Rate
($/hr)
001 Principal Engineer/Scientist I $165
002 Principal Engineer/Scientist II $160
003 Associate Engineer/Scientist $155
004 Senior Engineer/Scientist I $150
005 Senior Engineer/Scientist lI $135
006 Staff Engineer/Scientist I $110
Staff Engineer/Scientist II $85
Staff Engineer/Scientist III $75
007 Drafter/Illustrator $70
008 Administrative Assistant $65
009 Clerk $50
010 GIS Specialist $110
0l 1 Data Entry Specialist $55
012 DB Manager/IT Specialist 1 $135
DB ManagerlIT Specialist 11 $100
DB ManagerlIT Specialist III $75
013 Field Technician $55
Mileage at$0.405 per mile
Other direct costs at actual cast plus 10 percent