HomeMy WebLinkAboutContracts & Agreements_59-1989_CCv0001.pdf MUTUAL AID AGREEMENT
THIS AGREEMENT is between and among the undersigned members
of the UPPER SANTA ANA WATER RESOURCES ASSOCIATION, an
unincorporated association organized for the mutual benefit of
the parties with respect to the management of water resources in
the Upper Santa Ana River Watershed.
R E C I T A L S
WHEREAS, the members of the UPPER SANTA ANA WATER RESOURCES
ASSOCIATION are public agencies and private water companies and
each has certain equipment and personnel under its management
and control, and
WHEREAS, the equipment and personnel may be available to
assist each agency in the event of a natural or man-made
disaster which would affect the services provided by each of the
members to the customers, and
WHEREAS, the members of the UPPER SANTA ANA WATER RESOURCES
ASSOCIATION desire to cooperate in providing and sharing
available equipment upon request of a member agency under the
terms of this agreement.
A G R E E M E N T
NOW THEREFORE, the undersigned parties hereto agree as
follows:
1. In the event of any natural or man-made disaster which
will disrupt or damage the ability of any of the
parties to this agreement to continue to serve the
public or customers of the party, the parties will
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cooperate to the maximum extent possible to provide
mutual assistance as requested.
2 . In the context of this agreement, "natural or man-made
disaster" shall mean a situation or set of
circumstances such that property damage or personal
injury has occurred or is likely to occur, the
occurrence of which will disrupt the services provided
by the member agency.
3 . (a) Each party to this agreement shall provide all other
parties with a complete listing of equipment and
materials which will be available to the other for
mutual aid assistance.
(b) Each party will provide to the Association the name,
address, telephone number and title of the Responsible
Managing Employee and each person authorized to
request or respond to requests for mutual aid
assistance.
(c) The party responding to a request for aid shall be
reimbursed for costs incurred by the requesting party
unless written provision is provided waiving
reimbursement of costs, or unless the cost of the
mutual aid is recovered by the requesting party as a
part of federal or state disaster relief. If such
relief is provided, the costs of the services
reimbursed to the using party shall be paid to the
providing party. Costs for reimbursement shall be
calculated as follows:
(1) Labor and supervision shall be all recorded costs
of the responding agency and shall include but
not be limited to: salaries, vacation,
retirement, sick leave, and other benefits and
related labor costs.
(2) Equipment costs as shown in the then current
Caltrans Equipment Price Listing.
(3) Administration and overhead costs equal to ten
percent (10%) of labor and supervision costs.
(d) The party requesting assistance shall specify the type
and extent of assistance required.
(e) The party responding to the request shall designate
the person responsible for the direction and
supervision of the personnel provided to the
requesting party, and the requesting party shall
direct the disposition and utilization of personnel,
equipment and materials furnished in response to such
request only through the person so designated.
(f) The personnel, equipment and materials furnished in
response to the request for mutual aid shall be
released by the requesting party when no longer needed
or when the responding party requests return.
4 . The Responsible Managing Employees of each of the
parties to this agreement shall consult with the
Association at least. two (2) times each year to update
the equipment and personnel list and revise any
procedures for requesting and obtaining mutual
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aid assistance. Failure to attend two consecutive
meetings of the Responsible Managing Employees will
result in termination of this agreement with that
party upon notice as provided in Section 8 (b) herein.
5. It is agreed by the parties hereto, that protection,
maintenance and repair of their own system will
receive. precedence in responding to any request for
mutual aid assistance.
6. (a) Each party to this agreement shall maintain in full
force and effect worker's compensation insurance which
covers the personnel involved in any response for
mutual aid, and therefore, each party to this
agreement waives all claims against the other for
compensation for any loss, damage, personal injury or
death occurring as a consequence of the performance of
this Agreement.
(b) In addition, each party agrees to defend the
responding party and hold it harmless from all claims
by any third party for compensation for any loss,
damage, personal injury or death occurring as a
consequence of any act or omission of an officer,
agent, or employee of the responding party which act
or omission took place as a consequence of performance
of this Agreement and while said officer, agent or
employee was working under the general or specific
direction of the requesting party.
7 . No provision of this Agreement, and no action taken or
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personnel, equipment or materials furnished pursuant
to any such provision shall be construed to- make the
officer, employee or agent to one party to this
Agreement, the officer, employee or agent of another
party to this Agreement.
8. (a) This Agreement shall continue to be in force with
respect to all parties signing hereunder, unless
written notice of termination is provided to the other
parties.
(b) This Agreement may be terminated if a party fails to
attend two (2) consecutive Responsible Employee
Meetings and provide update of the equipment, material
and personnel available for mutual aid assistance,
such termination will be made upon decision of the
Board of Directors of the UPPER SANTA ANA WATER
RESOURCES ASSOCIATION, after which notice of such
termination shall be provided the party.
WHEREFORE, the parties hereto have caused this Agreement to
be executed in counterpart as of the dates indicated.
AM4CY CITY OF REDLANDS
City of Redlands
BY: Date November 7, 1989
Mayor
A=IEST:
ert_Y_Cerk
AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR
INVESTIGATION OF ALTERNATIVE WELL-HEAD TREATMENT PROCESSES
AT THE REES WELL
This AGREEMENT is made and entered into as of this 7th day of
November , 1989 ,
by and between City of Redlands Municipal
Utilities Department herein
after referred to as "OWNER"
and Camp, Dresser , & McKee, Inc . ,
hereinafter referred to as
"ENGINEER"
In consideration of the mutual promises , covenants and con-
ditions hereinafter set forth, the parties do hereby agree as
follows:
ART I ENGEN ER
1 .1 The OWNER hereby engages the ENGINEER and the ENGINEER
hereby accepts the engagement to perform Engineering
services in connection with the investigation of alter-
native well-head treatment processes at the Rees Well ,
hereinafter called the Project .
1 .2 All work under this AGREEMENT shall be done in a pro-
fessional manner , and ENGINEER represents that he is
skilled in the professional expertise necessary to
provide services under this AGREEMENT .
1 .3 The ENGINEER shall be responsible, to the level of
competency presently maintained by other practicing
professional engineers performing the same type of work
for the professional and technical soundness , accuracy
and adequacy of all designs , drawings , specifications ,
and other work and materials furnished under this
AGREEMENT .
&RIZL!�1LE_Z
2 .1 The ENGINEER will perform the services in connection
with the Project as defined in Attachment A, Scope of
Work .
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2 .2 The following additional services may be provided by the
ENGINEER when requested and approved by the OWNER:
1 . Additional copies of reports .
2 . Miscellaneous services not specified elsewhere in
this AGREEMENT.
ARTICLE_ _-_RESI?C}NSIBIL T EE OZ THEal
3 .1 The OWNER will place at the disposal of the ENGINEER all
available information pertinent to the Project ,
including previous reports and any other data relative
to the Project.
3 .2 The OWNER will provide access to and make all provisions
for the ENGINEER to enter upon public and private lands
as required for the ENGINEER to perform his work under
this AGREEMENT.
3 .3 The OWNER will provide all environmental assessments or
impact reports required for this project .
3 .4 The OWNER will designate in writing a person to act as
the OWNER's representative with respect to the work to
be performed under this Agreement , such person to have
complete authority to transmit instructions , receive
information , interpret and define the owner's policies
and decisions with respect to materials , equipment ,
elements and systems pertinent to the work covered by
this AGREEMENT.
4 .1 The ENGINEER shall proceed with the engineering services
set forth in Article 2 in accordance with the schedule
defined in Attachment B.
4 .2 The ENGINEER shall proceed with the services under this
AGREEMENT promptly and will prosecute them diligently.
AFtTCLE _�_?AYiEdTE TC} NEER
5 .1 For the services performed under Article 2 , OWNER will
pay the ENGINEER monthly the sum of the following:
5 .1 .1 Direct labor , times a multiplier of 3 .10 .
5 .1 .2 Nonsalary expenses times a multiplier of 1 .10 .
5 .2 Direct labor is defined as the amount of wages or sala-
ries paid to the ENGINEER' S employees for the actual
documented time chargeable to the Project .
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5 .3 Nonsalary expenses include such typical expenses as cost
of: postage , copies , prints , mileage , computer , sub-
contractor , transportation , subsistence , miscellaneous
supplies and equipment per diem.
5 .4 ENGINEER agrees that the total compensation for the
scope of work indicated in Attachment A shall net exceed
$22 ,600 without the OWNER'S prior written approval. A
breakdown of estimated manhours , labor fees and expenses
is contained in Attachment C.
5 .5 Payment for additional services requested by the OWNER
per Article 2 .2 will be in accordance with a separately
negotiated fee or in accordance with the rates shown in
Attachment D, Direct Hourly Billing Rates .
5 .6 ENGINEER agrees that at the point 75-percent of budgeted
costs have been expended for each scope project, the
ENGINEER will notify the OWNER in writing , including a
brief report on job status , percent complete, analysis
of budget , and envisioned expenses to complete the
contractual effort . Budgets shall not be exceeded except
if previously approved by OWNER.
5 .7 The ENGINEER shall bill the OWNER within ten days fol-
lowing the close of each month by submitting an invoice
indicating the work performed , who performed the work ,
and the detailed cost of all work including backup
material, if requested .
Payments by OWNER to ENGINEER shall be made within 30
days after receipt and approval of ENGINEER' S
hereinabove invoice, by warrant payable to CAMP , DRES-
SER, & MCKEE , INC.
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 should be
addressed as follows :
TO OWNER: CITY OF REDLANDS
Municipal Utilities Department
P . 0. Box 3005
2 East Citrus Avenue, Ste 203
Redlands CA 92373
TO ENGINEER: CAMP , DRESSER, & MCKEE, INC.
430 North Vineyard Ave. , Suite 310
Ontario CA 91764
Attention: Richard W. Corneille
When so addressed , such notices shall be deemed given
upon deposit in the United States Mail . In all other
instances , notices , bills and payments shall be deemed
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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.
AM-IMUNUICAMN
6 .1 ENGINEER shall maintain worker 's compensation insurance
and, in addition shall maintain insurance to protect
OWNER from claims for damage due to bodily injury,
personal injury, or death and claims for injury to or
destruction of tangible property while performing the
services covered by this AGREEMENT. Said public
liability and property damage insurance shall be in a
minimum combined single limit of $1 ,000 ,000 per occur-
rence. The ONE shall be named a primary additional
insured on insurance coverage for public liability and
property damage. The ENGINEER shall provide OWNER with
a certificate evidencing such insurance coverage.
6 .2 ENGINEER agrees to maintain professional liability
insurance pursuant to this paragraph to protect OWNER
from negligent acts , errors or omissions of a profes-
sional nature; the total aggregate of ENGINEER'S pro-
fessional liability insurance coverage shall be a
minimum of $1 ,000 ,000 .
6.3 ENGINEER agrees to indemnify, hold harmless and defend
OWNER and any and all of their officers , agents and
employees from and against all claims , loss , damage,
charge or expense, to which they or any of them may be
put or subjected to arising out of or resulting from any
willful or negligent act or actions , omission or failure
to act on the part of the ENGINEER, his contractors , his
suppliers, anyone directly or indirectly employed by any
of them or anyone for whose acts or omissions any of
them may be liable in the performance of the engineering
services described in this AGREEMENT.
7 .1 In the event of any legal action brought by either party
against the other to enforce any of the obligations
hereunder or arising out of any dispute concerning the
terms and conditions hereby created, the losing party
shall pay the prevailing party such reasonable amounts
for fees, costs , expenses , including attorney's fees , as
may be set by the Court .
7 .2 The ENGINEER shall not sublet or assign any of the work
covered by this AGREEMENT, except with the prior written
approval of the OWNER and in strict compliance with the
terms , provisions , and conditions of this AGREEMENT.
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7 .3 The key ENGINEER' S personnel proposed for the Project
are as follows :
Richard W. Corneille, P .E . - Project Manager
Doug Brown , P .E . - Project Engineer
ENGINEER agrees that these key people will be made
available and assigned to the OWNER'S project , and that
they will not be replaced without concurrence from the
OWNER.
7 .4 It is understood and agreed by and between the parties
that all documents , records , drawings , designs and spe-
cifications , cost estimates , and other project documents
developed by the ENGINEER pursuant to this AGREEMENT
shall become the property of OWNER and shall be deliver
ed to OWNER if and when requested upon completion of
services . Any reuse of such documents for other
projects and any use of incomplete documents will be at
the OWNER's sole risk .
7 .5 ENGINEER is for all purposes an independent contractor .
All qualified personnel provided by ENGINEER pursuant to
the provisions of this AGREEMENT are to be employed by
ENGINEER for his account only,t , and in no event shall
ENGINEER or any personnel retained by him be deemed to
have been employed by the OWNER or engaged by the OWNER
for the account of or on behalf of the OWNER.
7 .6 Unless earlier terminated as stipulated below, this
agreement shall terminate upon completion and acceptance
by the OWNER of all work approved for performance under
Article 2 of this AGREEMENT .
7 .7 This AGREEMENT may be terminated in writing by either
party in the event of failure by the other party to
fulfill its obligations under this AGREEMENT through no
fault of the terminating party: PROVIDING, that no such
termination may be effected unless the other party is
given (1) not less than thirty (30) calendar days
written notice (delivered by certified mail , return
receipt requested) of intent to terminate , and (2) an
opportunity for consultation with the terminating party
prior to termination .
7 .8 if this AGREEMENT is terminated by the OWNER for reasons
of default by the ENGINEER, an adjustment to ENGINEER'S
compensation shall be made , but (1) no amount shall be
allowed for anticipated profit or unperformed services ,
and (2) any payment due to the ENGINEER at the time of
termination may be adjusted to the extent of any addi-
tional costs to the OWNER occasioned by the ENGINEER' S
default . If termination for default is effected by the
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ENGINEER, the adjustment in compensation shall provide
for payment to the ENGINEER to include a reasonable
profit for services rendered and reimbursement for
expenses incurred prior to the termination , in addition
to termination settlement costs reasonably incurred by
the ENGINEER relating to commitments which had become
firm and approved by OWNER prior to the termination .
7 .9 Upon receipt of a termination notice, the ENGINEER shall
(1) promptly discontinue all services affected (unless
the notice directs otherwise) , and (2) deliver or other
wise make available to the OWNER, copies of data, design
calculations , drawings , specifications , reports , esti-
mates , summaries , and such other information and mater-
ials as may have been accumulated by the ENGINEER in
performing this AGREEMENT .
7 .10 ENGINEER shall maintain books and accounts of all
project related payroll costs and all expenses and
incidental expense . Books shall be available at all
reasonable times for examination by the OWNER at the
office of the ENGINEER.
7 .11 This AGREEMENT, including attachments incorporated
herein by reference, represents the entire AGREEMENT and
understanding between the parties and any negotiations ,
proposals or oral agreements are intended to be
integrated herein and to be superseded by this written
AGREEMENT . Any supplement or amendment to this AGREE-
MENT to be effective shall be in writing and signed by
7 .12 This AGREEMENT is to be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF , duly authorized representatives of
the parties have signed in confirmation of this AGREE-
MENT.
CITY OF REDLANDS CAMP , DRESSER, & MCKEE, INC.
-------- By-------
Mayor Richard W. Corneille, P.E.
Associate
ATTEST_4; � /"rz DateNovember 7 --
, 1989
------
—----------- ---
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ATTACHMENT A
SCOPE OF WORK
Investigation of Alternative Well-Head Treatment
Process at the Redlands Rees Well
1. Data Collection - Collection data on raw water quality, well site plan,
depth of groundwater, well pump and gas engine details, discharge
conditions and current development conditions from the Planning
Department.
2. Review Regulatory Requirements - Review treatment requirements and
objectives, air quality standards, residuals disposal rules and City
environmental review process.
3. Determine and Weight Evaluation Criteria - Evaluation criteria will
most likely include capital cost, O&M costs, aesthetics, noise,
reliability, flexibility, risk/safety, site access and availability and
other environmental impacts.
4. Develop and Evaluate Alternatives - Prepare design criteria and
preliminary sizing of treatment facilities and ancillary facilities to
determine costs, impacts and site layout. Alternatives will include
wet phase GAC, rotor strip, advanced oxidation and possibly one low
profile packed tower (series or depressed towers) alternative.
Alternatives will be evaluated in a matrix and discussed with the City
at a workshop. Preliminary site layouts of each feasible alternative
will be prepared.
5. Refine Evaluation and Select Recommended Alternative - Based on input
from City refine evaluation and recommend the best treatment
alternative.
6. Prepare summary report including conclusions and recommendations. Ten
copies of the final report will be submitted.
M3.43
ATTACHMENT B
SCHEDULE
INVESTIGATION OF ALTERNATIVE WELL-HEAD TREATMENT
PROCESSES AT THE REES WELL
DUE DATE
(Weeks from
STEN PARTY Ngtice_tq_krqcg�ed)_
1 . Submit Draft Evaluation Engineer 4
of Alternatives
2 . Meet For Workshop on Engineer & Week 4
Draft Evaluation of Owner
Alternatives
3 . Transmit written review comments Owner 6
4 . Submit Summary Report Engineer 9
ATTACHMENT C
REDLANDS REES WELL
MAN-HOUR AND FEE BUDGET
HOURS
RWC DB
TASK PM PE SM TRI DM CL
Data Collection 4 4 2
Review Regulatory 4 12 -
Requirements
Evaluation Criteria 4 4 - - - 4
Develop and Evaluate 16 60 10 4 16 4
Alternatives
Workshop with City 4 4 - - 2 2
Refine Alternatives 4 12 2 4 2 2
Prepare Summary 8 24 - 4 2 16
Project
Project Management/ 4 4 - - 8 8
Billing
Total Hours 48 124 12 12 30 38 264
DL $ $7,092
Other Direct Costs (ODC's)
Transporation 50 Total DL = $ 7,092
Telephone 50 Multiplier 3.1
Printing 200
Mics. 100 Total Labor 21,985
CARD/Computer 150 ODC's 600
550 x 1.1 = $600 Total 22,585 '
SAY $ 22,600
M3.44
ATTACHMENT D
CAMP DRESSER & McKEE INC.
WAGE AND REIMBURSIBLE COST MULTIPLIER RATE SCHEDULE
EFFECTIVE JANUARY 1, 1989
DIRECT HOURLY BILLING RATES
Salary Rate Range
Personnel Classification ($/hr)
Vice President/Sr. Consultant $35 - $50
Associate $28 - $45
Principal Engineer/Scientist $28 - $39
Supervising Engineer/Scientist $25 - $39
Senior Engineer/Scientist $21 - $35
Senior Hydrogeologist $17 - $24
Associate Engineer/Scientist $18 - $28
Staff Engineer/Scientist $11 - $21
Staff Hydrogeologist $12 - $18
Draftsperson/Designer $10 - $25
Technical Editor $11 - $18
Contract Administrator $14 - $21
Technician/Clerk $ 5 - $14
Administrative Assistant $11 - $25
Secretary/Word Processor $ 7 - $14
Compensation for services of CDM personnel shall be the actual salary rate
times a multiplier of 3.10.
OTHER DIRECT COSTS
Other reimbursable direct costs shall be billed at actual cost. These
reimbursable direct costs include, but are not limited to:
Travel: Air fare, auto rental, local mileage ($0.22/mile)
Subsistence: Lodging and meals
Communications: Long distance telephone, postage and Federal Express
Printing: Internal Photocopying ($.08/sheet) ; outside printing services
Computer and word processing equipment usage
Equipment rental
Miscellaneous supplies and equipment
3B:15