HomeMy WebLinkAboutContracts & Agreements_98-2004_CCv0001.pdf AGREEMENT FOR PROFESSIONAL SERVICES FOR
DESIGN, PERMITTING AND INSTALLATION OF FLARE MODIFICATIONS TO
INCORPORATE DIGESTER GAS
This Agreement is made and entered into this 6th day of July, 2004 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Janechek & Associates
hereinafter("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform design, permitting and installation services
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associated with the evaluation and modification of City's existing LFG Flare as a means
to combust digester gas in order to meet South Coast Air Quality Management District
requirements (the "Services").
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 the
Services to City at a level of competency presently maintained by other practicing
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professional consultants in the industry providing like and similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in Exhibit
"A" entitled "Scope of Work" 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 commencing at California Labor Code
section 1770 et. sLeq. and non-discrimination laws including the American's with
Disabilities Act.
2.3 Consultant further understands that if it violates the provisions of the California Labor
Code relating to prevailing wage, that City may enforce the California Labor Code by
withholding of contract payments to Consultant or subcontractor pursuant to Labor Code
sections 1726, 1727 and 1771.6.
2.4 If Consultant executes an agreement with a subcontractor to perform any part of the
Services, Consultant shall comply with California Labor Code section 1775 and 1777.7
including providing the subcontractor with copies of the provisions of Sections 1771,
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1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the
statutory provisions for penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by the City pursuant to Labor Code sections
1775 and 1813.
ARTICLE 3 -RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is relevant to
the performance of Consultant's Services.
3.2 City will provide Consultant with access to City-owned property to perform the Services.
3.3 City designates Doug Headrick 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 "Proposed Schedule."
ARTICLE 5 -PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$109,145.34. City shall pay Consultant on a time and materials basis up to the
not to exceed amount, in accordance with Exhibit "C" entitled "Project Costs," based
upon the hourly rates shown in Exhibit "D" entitled"Fee Schedule."
5.2 Consultant shall bill City within ten days following the close of each month by
submitting an invoice indicating the portion of 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.
5.3 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 shall be addressed as
follows:
CITY JANECHEK& ASSOCIATES
Doug Headrick Alan Janechek
Municipal Utilities Department Janechek & Associates
P.O. Box 3005 248 Hili Place
Redlands Ca 92373 Costa Mesa CA 92627
(909) 798-7658 (949) 887-5422
FAX (909) 798-7670 FAX (909) 515-7789
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When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices 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 shall 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 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 endorsements
evidencing such insurance prior to commencement of work. All insurance policies shall include
a provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet statutory
requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected
officials, 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 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 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 this 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 Professional Liability Insurance. Consultant, shall secure and maintain professional
liability insurance throughout the duration of this Agreement in the amount of one million dollars
($1,000,000)per occurrence and two million dollars ($2,000,000) annual aggregate.
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6.5 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of one million dollars ($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 City shall be named as an
additional insured.
6.6 Assignment and Insurance Requirements. Consultant 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, Consultant shall add the subcontractor as an additional insured and provide 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.
6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City, its elected officials, officers, employees and agents, from and against any and all
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,
corporation, political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally 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 sole negligence or intentionally wrongful acts of City, its officers,
employees or agents.
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 All documents, records, drawings, designs, cost estimates, electronic data files, databases,
and other documents developed by Consultant pursuant to this Agreement and any copyright
interest in said above described documents, 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 and any use of incomplete documents will be at City's sole risk.
7.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the consulting services in this Agreement. 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.
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7.4 Unless e arlier t erminated, a s p rovided f or b elow, t his A greement s hall t erminate upon
completion and acceptance by City of the Services.
7.5 This Agreement may be terminated by either party, without cause, by providing seven (7)
days prior written notice to the other party (delivered by certified mail, return receipt requested)
of intent to terminate.
7.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made, but no amount shall be allowed for anticipated profit or unperformed services, and any
payment due Consultant at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Consultant.
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I., Upon receipt of a termination notice from City, Consultant shall discontinue all services
and 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 documents that may have been prepared or assembled
by Consultant in performing the Services.
7.8 Consultant shall maintain books, payroll costs and all expenses associated with the
Services. Such books shall be available at all reasonable times for examination by City at the
office of Consultant.
7.9 This Agreement, including the attachments incorporated herein by reference, represents
the entire agreement of the parties as to the matters contained herein, and any prior negotiations,
written proposals or oral agreements relating to the subject matter hereof are superseded by this
Agreement. Any amendment to this Agreement shall be in writing, approved by City Council of
City and Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS JANECHEK &ASSOCIATES
By: By: .--'
san Peppler Alan Janechek
Mayor
Dated: Juin 6, 2004 Dated: _ 0L/
ATTEST:
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City erk, City of, ds
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ATTACHMENT A
SCOPE OF WORK
for
Design, Permitting and Installation of
Flare Modifications to Incorporate Digester Gas
for the
CITY OF REDLANDS
WASTEWATER TREATMENT PLANT
INTRODUCTION
The purpose of this proposal is to present the proposed scope of work for
selected tasks related to the landfill gas co-generation facility at the City of
Redlands Wastewater Treatment System. Janechek & Associates is
extremely well qualified to assist the City of Redlands with this project. J&A
operates the landfill gas flare under a separate agreement with the City and
has also designed the most recent upgrades to the flare system. J&A staff
have experience in all phases of landfill gas and power distribution projects,
including design work on over 100 landfill gas systems throughout the world.
Background
The City of Redlands has requested J&A to evaluate using the existing LFG
flare as a means to combust digester gas (DG) in the flare in order to meet
South Coast Air Quality Management District (SCAQMD) requirements. The
LFG flare currently meets all SCAQMD requirements for emissions control.
The flare has enough capacity to combust both the LFG and DG flows
combined.
TASK 1: Design, Permitting and PLC Programming
This task will include of designing the modifications to the existing facility
to interconnect the DG gas lines with the existing flare system. The
design will include a Process and Instrumentation Diagram, layout
drawings, detail drawings and electrical interconnection drawings.
Permitting will consist of preparing the SCAQMD permit application for
modification of the existing flare to combust DG. This task also includes
one meeting with SCAQMD staff to discuss the proposed design.
PLC programming will consist of modifying the existing PLC programming
to allow for additional modes of operation, including combustion of both
DG and LFG, LFG only, DG only, LFG only in standby, and DG with LFG in
standby.
TASK 1: Installation
This task will consist of installation of the design as approved by the City
and SCAQMD. The installation of the flare modifications include welding
new flare nozzle, inlet shutoff valve, flame arrestor, HDPE piping, control
valves, condensate knockout, gas blower, motor control section, oxygen
sensor, pressure transmitter, conduit and wiring, trenching, asphalt
replacement, concrete pad, SS pipe and fittings from stubouts to digester
ATTACHMENT C
PROJECT COSTS
PROPOSED SCHEDULE
TASK COMPLETION DATE
1A. Permitting July 11, 2004
1B. Design and PLC Programming July 31, 2004
2. Project Completion Septe ber 17, 2004
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connections, SS pipe and fittings from blower to flare, and condensate
drain connection to existing sump.
PROJECT COSTS
The proposed project costs are included as Attachment C. The fee schedule
used for developing the project costs is included as Attachment D.
LIMITATIONS
This proposal is the property of Janechek & Associates and may be used only
by the City of Redlands and only for the purposes stated, within a reasonable
time from its issuance.
CITY OF REDLANDS
DIGESTER FLARE DESIGN
SENIOR ELECTRICAL ELECTRICAL
CATEGORY TASK ENGINEER ENGINEER DESIGNER DRAFTER
RATE $82.00 $90.00 $85.00 $45.00
DESIGN HOURS SUBTOTAL
* FLARE MODIFICATION DESIGN 64 24 $6,328.00
PLC PROGRAMMING 56 $4,592.00
PERMITTING 40 $3,280.00
EXPENSES QUANTITY RATE
MILEAGE 1000 $0.35 $350.00
SUBTOTAL- DESIGN $14,550.00
INSTALLATION HOURS SUBTOTAL
Construct flare modifications including,welding new
flare nozzle, inlet shutoff valve,flame arrestor,
HDPE piping,control valves,condensate knockout,
gas blower,motor control section,oxygen sensor,
pressure transmitter,conduit and wiring,trenching,
asphalt replacement,concrete pad,SS pipe and
fittings from stubouts to digester connections,SS
pipe and fittings from blower to flare,condensate
drain connection to existing sump. $94,595.34
SUBTOTAL- INSTALLATION
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$94,595.34
OPTIONAL TASKS SUBTOTAL
$0.00
$0.00
$0.00
EXPENSES QUANTITY RATE
$0.00
SUBTOTAL - OPTIONAL TASKS $0,00
* Design budget is for a degin/build project and does not include preparation of bid documents, specifications
or construction inspection.
TOTAL BUDGET ESTIMATE $109,145.34
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 15% markup unless listed in the project
scope of work.
FEE SCHEDULE
Principal Engineer $85/hr
Engine Technician $82/hr
Operations Technician $45/hr
Electrical Engineer $100/hr
Electrical Designer $95/hr
Construction Manager $70/hr
Drafter $45/hr
Environmental Technician $50/hr
Construction Laborer $50/hr
Mileage $0.35/mi.
D-Size Plots (Mono) $1800e ch
D-Size Plots (Color) $32.00 each
Drawing Bluelines $7.50 each