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HomeMy WebLinkAboutReso. 1987 - 322 - Approving the standard agreement for professional services between the city of redidng and ch2m hill • • RESOLUTION NO. 81',31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY SDF REDDING APPROVING THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF REDDING AND CH2M HILL FOR THE PRELIMINARY DESIGN WORK FOR THE REGIONAL WASTEWATER TREATMENT PLANT AND THE SHASTA VIEW PUMP STATION, AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTATION. BE IT RESOLVED by the City Council of the City ofIRedding as follows: 1 . That the City Council of the City of Redding hereby approves the Standard Agreement for Professional Services between the City of Redding and CH2M Hill, a true copy of which is attached hereto. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement and all necessary documentation on behalf of the City of Redding in connection therewith, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City !Council of II the City of Redding on the 20th day of October , 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Carter, Fulton, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None I' ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None_ MIKE DAHL, Mayor I City of Redding ATTEST: FOR PPROVED: �r�t. ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , City Attorney V • ♦. • III ,I Y II CH2M HILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES �I II This AGREEMENT is between CH2M HILL CALIFORNIA,I1INC. (the "ENGINEER") and CITY OF REDDING (the "OWNER") for a PROJECT generally described as: �I Regional Wastewater Treatment Plant and Shasta View Pump Station ll ARTICLE 1 . SCOPE OF SERVICES The Scope of Services is set forth in Attachment A. ARTICLES 2 & 3 . COMPENSATION AND TERMS OF PAYMENT ENGINEER' s compensation and terms of payment are set forth in Attachment B. ARTICLE 4. OBLIGATIONS OF THE ENGINEER Amendments to ARTICLE 4 , if any, are included in Attachment C. A. STANDARD OF CARE The standard of care applicable to ENGINEER' s services will be the degree of skill and diligence normally empiloyed by professional engineers or consultants performing lithe same or similar services. The ENGINEER will reperform any services not meeting this standard without additional compensation. RD/R46/031 1 • _ 11/ B. SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other u;bsurface investigations, the actual characteristics maylvary signi- ficantly between successive test points and sample intervals and at locations other than where observations,lexplora- tions, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These condi- tions and cost/execution effects are not the responsibility of the ENGINEER. C. ENGINEER' S PERSONNEL AT CONSTRUCTION SITE jl The presence or duties of the ENGINEER' s personnel at a con- struction site, whether as onsite representatives or other- wise, do not make the ENGINEER or its personnellin any way responsible for those duties that belong to theIOWNER and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, tech- niques, sequences, .and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such constructionl work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or' any health or safety precautions and have no duty for inspecting, not- ing, observing, correcting, or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except ENGINEER'4s own personnel. RD/R46/031 2 it 0 D. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES � I In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equip- ment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third partiesl; quality, type, management, or direction of operating perlsonnel; and other economic and operational factors that may' materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the OWNER'S actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analy- ses, projections, or estimates. When the OWNER requires the ENGINEER to prepare quantity and material take-offs and/or opinions of cost from plans and specifications that are less than 100 percent complete, the OWNER will hold the ENGINEER I harmless from any and all loss, liability, or claims result- ing from the incompleteness. !� 1 E. CONSTRUCTION PROGRESS PAYMENTS Recommendations by the ENGINEER to the OWNER for; periodic construction progress payments to the construction contrac- tor will be based on the ENGINEER'S knowledge, information, and belief from selective sampling that the work; has pro- gressed to the point indicated. Such recommendations do not represent that continuous or detailed examinationslhave been made by the ENGINEER to ascertain that the construction con- tractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction con- tractor has used the moneys paid; that title to any of the RD/R46/031 3 it 11 I work, materials, or equipment has passed to OWNER free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between OWNER and the construction contractor that affect the amount that should be paid. �I F. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished;iby others, and may not always represent the exact locationl, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information fromIothers that is incorporated into the record drawings. G. MINORITY- AND WOMEN-OWNED BUSINESSES; OWNER-SPECIFIED SUBCONTRACTORS ENGINEER will comply with OWNER'S directives in `jutilizing the services of OWNER-SPECIFIED subcontractors and/or minority- and women-owned businesses on the PROJECT. Firms selected by the ENGINEER to meet said directives will be subject to approval of the OWNER. ENGINEER' s liability arising from the work of said subcon- tractors or businesses is limited to proceeds available from their insurances. H. ACCESS TO ENGINEER'S ACCOUNTING RECORDS The ENGINEER will maintain accounting records, iri accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available to OWNER during ENGINEER's normal business hours for a period of 1 year after ENGINEER's final invioice for RD/R46/031 4 .. i • • examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. The OWNER may only ,audit accounting records applicable to a cost-reimburisable type compensation. L. ENGINEER'S INSURANCE it The ENGINEER will maintain throughout this AGREEMENT the following insurance: a. Worker's compensation and employer's liability insurance as required by the state or province where the work is performed. b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, nonowned, or hired vehicles, with $1 ,000,000 combined single limits. c. Commercial general liability insurancecovering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of the ENGINEER or of any of its employees, agents, orsubcontrac- tors, with $1 ,000,000 combined single limits. d. Professional liability insurance of $1,1000,000. e. OWNER will be named as an additional insured with respect to ENGINEER' s liabilities hereunder in insurance coverages identified in Items,l "b" and RD/R46/031 5 • • "c" , and ENGINEER waives subrogation against OWNER as to said policies. ARTICLE 5 . OBLIGATIONS OF THE OWNER Amendments to Article 5, if any, are included in Attachment C. A. OWNER-FURNISHED DATA The OWNER will provide to the ENGINEER all technical data in the OWNER' s possession, including, but not limited to, pre- vious reports, maps, surveys, borings, and all Other infor- mation relating to the ENGINEER' s services on the PROJECT. ENGINEER will reasonably rely upon the accuracy , timeliness, and completeness of the information provided byl1the OWNER. B. ACCESS TO FACILITIES AND PROPERTY I The OWNER will make its facilities accessible to,lENGINEER as required for ENGINEER' s performance of its serviices and will provide labor and safety equipment as required by ENGINEER for such access. OWNER will perform at no cost to ENGINEER such test of equipment, machinery, pipelines, and other com- ponents to the OWNER' s facilities as may be required in con- nection with ENGINEER' s services, unless otherwise agreed to. OWNER will be responsible for all acts of OWNER' s personnel. C. ADVERTISEMENTS, PERMITS, AND ACCESS 1 II Unless otherwise agreed to in the Scope of Services, the OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, province, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. RD/R46/031 6 • 410 D. TIMELY REVIEW The OWNER will examine the ENGINER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as OWNER deems appropriate; and render in writing decisions required of OWNER in a timely manner. jl .. E. PROMPT NOTICE The OWNER will give prompt written notice to ENGINEER when- ever OWNER observes or becomes aware of any development that affects the scope or timing of ENGINEER' s services, or any defect in the work of the ENGINEER or construction contractors. F. ASBESTOS OR HAZARDOUS SUBSTANCES AND INDEMNIFICATION If asbestos or hazardous substances in any formare encoun- tered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation of the problem. If asbestosis suspected, the ENGINEER will, if requested, assist the OWNER in contacting regulatory agencies and in identifying asbestos 'testing lab- oratories and demolition/removal contractors or (consultants. If asbestos is confirmed, the OWNER will engage a specialty consultant or contractor to study the affected portions of the work and perform all remedial measures. If hazardous substances other than asbestos are 'suspected, the ENGINEER will conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at anladditional fee to be negotiated. RD/R46/031 7 • G. CONTRACTOR INDEMNIFICATION II OWNER agrees to include the provisions ofARTICLE 4C, ENGINEER'S PERSONNEL AT CONSTRUCTION SITE, and the following paragraph in all construction contracts associated with this PROJECT: To the maximum extent permitted by law, the construc- tion contractor will indemnify and defend OWNER and ENGINEER and their officers, employees, agents, and subcontractors, from all claims and losses,, including attorney's fees and litigation costs, arising out of property losses or health, safety, personal injury, or death claims by construction contractors, their subcon- tractors of any tier, and their employees, agents, or invitees regardless of the fault, breach of contract, or negligence of OWNER or ENGINEER, excepting only such claims or losses that have been adjudicated to have been caused solely by the negligence of OWNER or ENGINEER and regardless of whether or not the con- struction contractor is or can be named a party in a litigation. The construction contractor will carry comprehensive general liability insurance naming OWNER and ENGINEER as additional insureds and including a contractual liability clause or endorsement covering the construction contractor' s indemnity of OWNER and ENGINEER, and will provide OWNER and ENGINEER with a certificate of insurance showing compliance with the requirements of this paragraph prior to commencement of work. H. EXCLUSION OF CONTRACTOR CLAIMS OWNER agrees to include in all contracts with construction contractors and equipment or material suppliers an exclusion of those parties' right to make direct claims against the ENGINEER in the following form: RD/R46/031 8 • In performing its obligations for the OWNER, the ENGI- NEER and its consultants may cause expense for the con- tractor or its subcontractors and equipmertfor material suppliers. However, those parties and their sureties shall maintain no direct action against the ENGINEER, its officers, employees, agents, and subcontractors, i for any claim arising out of, in connection with, or resulting from the engineering services performed or required to be performed. Only the OWNER 'will be the beneficiary of any undertaking by the ENGINEER, its officers, employees, agents, and subcontractors. I . OWNER'S INSURANCE a. OWNER will endeavor to provide for a waiver of subroga- tion as to all OWNER-carried insurance, during con- struction and thereafter, in favor of ENGINEER, its officers, employees, agents, and subcontractors, and will endeavor to obtain similar waivers from OWNER' s other contractors and their lower tier subcontractors. OWNER will provide ENGINEER copies of such waivers. b. OWNER will have the construction contractorllprovide a Builders Risk.All Risk insurance policy for the full replacement value of all physical facilities associated with the ENGINEER' S services. Such policy will include coverage for defects in materials and workmanship and errors in design, and will provide a waiver ';lof subroga- tion as to the ENGINEER and the construction contrac- tors (or OWNER) , and their respective officers, employees, agents, and subcontractors. OWNER will provide ENGINEER a copy of such policy. II RD/R46/031 9 II III 1 J. LITIGATION ASSISTANCE The Scope of Services does not include cost ofIthe ENGIN4R for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the OWNER. All such services required or requested of the ENGINEER, except for suits oriclaims between the parties to this AGREEMENT, will bereimbursed as mutually agreed, . and payment for such services shall be in accordance with ARTICLE 3, unless and until there is a find- ing by a court or arbitrator that ENGINEER's sille negligence caused OWNER' s damage. K. CHANGES The OWNER may make or approve changes within the general scope of services in this AGREEMENT. If such changes affect the ENGINEER' S cost of or time required for performance of the services, an equitable adjustment will be made through a written amendment to this AGREEMENT. L. SERVICES OF ENGINEER Unless this AGREEMENT is modified or terminatedi, the OWNER will have all services specified in this AGREEMENT performed by the ENGINEER, employing ENGINEER' s standard form and con- tent of drawings, specifications, and contract documents. Any item in the nature of maps, drawings, specifications, etc. , which are provided to OWNER under this AGREEMENT shall become the property of OWNER. ARTICLE 6. GENERAL LEGAL PROVISIONS Amendments to Article 6 , if any, are included in Attachment C. RD/R46/031 10 . i i • A. AUTHORIZATION TO PROCEED Execution of this AGREEMENT by the CLIENT willbe authorized by CH2M HILL to proceed with the work, unless otherwise pro- vided for in this AGREEMENT. B. REUSE OF PROJECT DOCUMENTS All designs, drawings, specifications, documents, and other work products of the ENGINEER are instruments df service for this PROJECT, whether the PROJECT is completed or not. Reuse by the OWNER or by others acting through Or on behalf of the OWNER of any such instruments of service without the written permission of the ENGINEER will be at the OWNER' s sole risk. The OWNER agrees to indemnify and defend the ENGINEER from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or conse- quential damages and attorney' s fees arising out of or related to such unauthorized reuse. C. FORCE MAJEURE li The ENGINEER is not responsible for damages or delay in per- formance caused by.acts of God, strikes, lockouts, acci- dents, or other events beyond the control of the ENGINEER. D. TERMINATION This AGREEMENT may be terminated for convenienceon 30 days ' written notice, or for cause if either party fails substan- tially to perform through no fault of the other and does not • commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. RD/R46/031 11 II 11 • • On termination, the ENGINEER will be paid for all authorized work performed up to the termination date plustermination expenses, such as, but not limited to, reassignment of per- sonnel, subcontract termination costs, and related closeout costs. On termination, ENGINEER shall turn ovlr to OWNER all items of work for which they have received payment that are in the nature of, but not limited to, maps, drawings, calculations, etc. E. SUSPENSION, DELAY, OR INTERRUPTION OF WORK ;1 The OWNER maysuspend, delay,p or interrupt the services of the ENGINEER for the convenience of the OWNER. In the event of force majeure or such suspension, delay, or interruption, an equitable adjustment in the PROJECT' s schedule, commit- ment, and cost of ENGINEER's personnel and subcontractors, and ENGINEER' s compensation will be made. F. NO THIRD PARTY BENEFICIARIES II This AGREEMENT gives no rights or benefits to anyone other than the OWNER and ENGINEER and has no third-party beneficiaries. G. INDEMNIFICATION a. ENGINEER agrees to indemnify and defend OWNER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of ENGINEER, its employees, or agents in connection with the PROJECT. b. OWNER agrees to indemnify and defend ENGINEER from any loss, cost, or expense claimed by third parties for RD/R46/031 12 • • property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of OWNER, its employees, or agents in connection with the PROJECT. c. If the negligence or willful misconduct ofiboth the ENGINEER and OWNER (or a person identifiedi above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall bll shared between ENGINEER and OWNER in proportion tLl their relative degrees of negligence or willful misconduct, and the right of indemnity shall apply for such proportion. H. ASSIGNMENT Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. I. LEGAL ACTION All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or any other cause of action, will be barred 2 years from the date the claimant knew or should have known of its claim, but in any event no later than 4 years from the date of substantial completion of ENGINEER's services. J. INTERPRETATION Releases from, idemnities against, limitations on, and assumptions of liability and limitations on remdies expressed in this AGREEMENT shall apply even inIthe event of RD/R46/031 13 �► • breach of contract or warranty, fault, tort including negli- gence, strict liability, statutory, or any other cause of action (except for willful or reckless disregard of obliga- tions) of the party released or indemnified, or whose lia- bility is limited or assumed, or against whom remedies are limited. Party, as used herein, includes the named parties, their officers, employees, agents, subcontractors, and affiliates. K. JURISDICTION The law of the State of California shall govern, the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. L. SEVERABILITY AND SURVIVAL If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or"unenforce- ability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid; illegal, or unenforceable provision had never been contained herein. Articles 4, 5, and 6 shall survive termination If this AGREEMENT for any cause. ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES This AGREEMENT, including its Attachments and Schedules, constitutes the entire AGREEMENT, supersedes al1; prior writ- ten or oral understandings, and may only be changed by a RD/R46/031 14 • • • written amendment executed by both parties. The following Attachments and Schedules are hereby made a part of this AGREEMENT: I Attachment A--Scope of Services. I� Attachment B--Compensation and Terms of Payment. IN WITNESS WHEREOF, theP arties execute below: it For the OWNER, CITY OF REDDING dated this day of 19 MIKE DAHL By: Mayor Name Title ETHEL A. NI1CHOLS ATTESTED By: City Clerk Name Title RANDALL A. SHAYS FORM APPROVED By: City Attorney Name Title For the ENGINEER, CH2M HILL CAU "P,vi,4 , �IINC. , dated this /6 >4A day of Qe4 rr,,- ;I , 19 y7. By: Q L,nvt:X( Nam- Title RD/R46/031 15 • • li ATTACHMENT A Page 1 of 6 Attachment A to the the AGREEMENT between CH2M HILL CALIFORNIA INC.,(the"ENGINEER"),and City of Redding ,(the"OWNER"), fora PROJECT generally described as: Regional Wastewater Treatment Plant and Shasta View Pump, Station ARTICLE 1.SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: Perform a preliminary design for the Regional Wastewater Treatment Plant and Shasta View Pump Station consisting of the tasks listed below. The results of the preliminary design evaluations for the treatment plant and pump station will be presented in a Preliminary Design Report. The report will include a description of the recommended project, construction cost estimate, design criteria, process flow diagram, and site layout. Technical memo- randums prepared for Tasks 1 , 3 , 5 , 6 , and 9 for the treat- ment facility and for Task 6 for the pump station will be included as an appendix to the report. Twenty-hive copies of the report will be provided to the OWNER. The scope of services for final design and services during construction for the treatment plant and pump station will be' negotiated following completion of preliminary design. REGIONAL WASTEWATER TREATMENT PLANTd TASK 1--EVALUATE WASTEWATER FLOW CHARACTERISTICS Review available BOD, TSS, and flowrate data for those areas to be served by the first stage of the regional 'plant. The ENGINEER will be provided with historical sewagedata compiled from records at the Clear Creek WWTP and Shasta Dam Area PUD WWTP. The analysis will identify projected aver- age, peak month, and peak day flows and loadings, and instantaneous peak flows to be accommodated by the first- stage 4 mgd facilities. TASK 2--LOCATE THE TREATMENT PLANT ON THE SITE Potential plant locations that will accommodate gravity flow through the plant and to the outfall discharge point will be identified. These locations will be reviewed with the OWNER so that the options meet the OWNER' s objectives relative to plant screening aesthetics. The cost budget for 'Ithis task is subject to increase if the site cannot be readily II FORM 398A0 • • I Page 2 of 6 obtained or if multiple analyses are required because of delays in obtaining the site. TASK 3--SITE PLAN LAYOUTS Task 3 .1 A preliminary site grading and storm drainage plan will be developed. Task 3.2 A preliminary site plan will be developed showing the loca- tion of structures, access roads, parking areas, fencing, and landscaped areas. Task 3. 3 A master site plan will be developed indicating a conceptual plan and area requirements for the addition of treatment units to increase plant capacity to a minimumiof 8 mgd. TASK 4--SURVEYING AND MAPPING Existing contour mapping is suitable for preliminary design, although improved mapping of certain areas mays be required at additional cost for final design. The ENGINEER will set eight permanent monuments at an appropriate time so they may be used in final design and construction. The, monuments will be tied to known monuments as identified by the OWNER, or as readily available to the ENGINEER. II TASK 5--LOCATE THE OUTFALL AND DISCHARGE POINT The locations of the effluent outfall and the discharge point will be determined in close coordinationwith the OWNER, the Department of Fish and Game (DFG) , and the Corps of Engineers. Multiple routings and dischargejpoints will be evaluated in an attempt to select an economical location that best complies with identified constraints No river explorations are budgeted within this originaljscope. It is recognized the efforts required to complete this task may vary widely depending on the alternatives available and the constraints imposed by the regulatory agencies., TASK 6--PROCESS SELECTION, CRITERIA, AND HYDRAULIC PROFILE Alternative processes will be identified and evaluated by the ENGINEER. Process evaluation will consider' odor poten- tial, ease of operation, reliability, process fllexibility, and costs. A treatment process will be selected for the initial 4 mgd plant after input and direction from the OWNER. Detailed design criteria and a hydraulic profile li II • • r Page 3 of 6 will be developed for the selected processes: A flow dia- gram graphically illustrating the plant' s unit processes will also be developed. TASK 7--GEOTECHNICAL INVESITIGATION I1 A geotechnical investigation will be performed at the plant- site. This program will include a literature review of available geotechnical and geologic information, subsurface exploration, laboratory testing, engineering analysis, and preparation of a report summarizing the findings. An inves- tigation of the outfall and river diffuser isl not included at this time. A scope of work and cost will be developed for those items after a specific location has been selected. Recommendations will be provided for allowable foundation bearing pressures, lateral earth pressures for buried struc- tures, expansive soil (if present) , pavement design, and buoyance protection, depending on the groundwater conditions. li TASK 8--COORDINATE WITH REGULATORY AGENCIES L The ENGINEER will coordinate closely with staffs of the Regional Board, the DFG, and the Department of Health Services during preliminary design to expedite) their approval of the preliminary design concepts. TASK 9--SOLIDS HANDLING EVALUATION The ENGINEER will identify sludge management alternatives applicable to this size of treatment facility. i After deter- mining relative costs, advantages, and disadvantages of each alternative, the ENGINEER will conduct a workshop with the OWNER wherein the alternatives will be jointlyreviewed. As a result of that workshop, the OWNER will select the alter- native to implement or reduce the number of alternatives to two for more detailed comparison. Final selection of a sludge handling alternative may include onsite disposal of sludge, which will require an analysis of soWsuitability and identification of monitoring requirements. TASK 10--DEVELOP DUAL IRRIGATION SUPPLY A dual reclaimed water and well water supply system will be evaluated to serve plant water needs and potable water needs, respectively. TASK 11--PRELIMINARY COST ESTIMATE A budget-level estimate of the construction costs of the treatment plant and ancillary facilities will be developed. 1 • p Page 4 of 6 TASK 12--PRELIMINARY DESIGN MANAGEMENT AND SCHEDULING This task includes the development of detailed work plans, a schedule for the preliminary design, coordination and man- agement of the ENGINEER' s staff, and preparation of a monthly progress report to the OWNER that indicates work completed and progress with relation to budget and schedule. TASK 13--PROJECT REVIEWS Quality control reviews of selected project features will be performed under this task. SHASTA VIEW PUMP STATION ' TASK 1--PUMP STATION SITING Task 1 .1 Alternative forcemain routes will be evaluated that reduce pumping head. Task 1 .2 An investigation will be performed to determine if there are any potential sites that offer significant advantages over the pump station site identified by the OWNER.I1 The OWNER will prepare any descriptions of alternative sites that may be necessary as part of an EIR process. The ENGINEER will review those descriptions. Task 1.3 Data from existing studies will be used to evaluate poten tial flooding at .the selected pump station site. TASK 2--ODOR CONTROL ANALYSIS .I Methods of reducing odor and corrosive gas production in the forcemain will be investigated. Hydrogen sulfide data from measurements in the existing sewer system willljbe analyzed. An odor control system will be recommended for inclusion in the pump station design. TASK 3--PUMP STATION CONFIGURATION Task 3.1 Assuming a dry pit pump station similar to the Sunnyhill Lane Pump Station is used, a layout of an initial 10-mgd pump station will be prepared. The station will incorporate provisions for additional pumps to increase pumping capacity • 111 111 Page 5 of 6 to 20 mgd. Pumps typically used for raw sewage pumping and with the capacity to pass large solids will 'pie incorporated. A system pump curve will be developed for both initial and future conditions. Task 3.2 Two types of variable-speed drives (slip-recovery and variable frequency) will be evaluated. Task 3.3 A standby power system will be developed. Ananalysis analysis will be performed to evaluate the desirability andicost of operating the generator set to provide power to the OWNER' s electrical grid during peak demands. TASK 4--GEOTECHNICAL INVESTIGATION i A geotechnical investigation will be performed! at the pump station site along Churn Creek. The exploration will con- sist of a subsurface exploration, geotechnicall, engineering analysis, and preparation of a letter report that includes recommendations and a summary of the fieldwork'. Recommen- dations will be provided for lateral earth pressures, uplift considerations, and permanent cut slopes. TASK 5--PRELIMINARY COST ESTIMATE I A budget-level cost estimate will be prepared for the recom- mended pumping facility. TASK 6--TECHNICAL MEMORANDUM A technical memorandum will be prepared for OWNER review that summarizes the evaluations and recommendations of Tasks 1 through 5 . TASK 7--PRELIMINARY DESIGN MANAGEMENT SCHEDULING 11 This task includes the coordination and manageaent of the ENGINEER's staff, development of a preliminary design sched- ule, and periodic progress reports to the OWNER. TASK 8--PROJECT REVIEWS Quality control reviews of the recommended pumpistation will be performed under this task. COMPLETION TIME The ENGINEER will submit the Preliminary Designjteport to the OWNER for review within 120 calendar days after • • �I Page 6 of 6 execution of this AGREEMENT by all parties. The ENGINEER is not responsible for delays caused by factors beyond his con- trol such as length of time required by OWNER and regulatory agency reviews and approvals, delays in obtainings the sites, or information to be furnished by others. 1 This Attachment A supercedes all prior written or oral understandings of the Scope of Services.and may only be changed by written amendment executed by both parties. IN WITNESS WHEREOF,the parties execute below: FortheOWNER, CITY OF REDDING Ii dated this day of By. MIKE DAHL, Mayor Name Title ATTESTED By ETHEL A. NICHOLS , City Clerk Name I Title FORM APPFCVED By: RANDALL A. HAS , City Attorney Name II Title For the ENGINEER,CH2M HILL CALIFORNIA ,INC.. dated this /6 ( day of v C-41- A--- , 19 F7 BY l 0 _,1: Name ! ntla FORM 39W(lostpope) • ATTACHMENT B Page 1 of 2 Cost Plus Fixed Fee Attachment B to the AGREEMENT between CH2M HILL CALIFORNIA it INC. (the ENGINEER"), and City of Redding (the "OWNER"), for a PROJECT generally described as: Regional Wastewater Treatment Plant and Shasta View Pump Station ARTICLE 2. CENSATION (2) DIRECT SALARIES Compensation by the OWNER to the ENGINEER will be as Direct Salaries are the amount of wages or salaries follows: paid ENGINEER's employees for work directly per- formed on the PROJECT, exclusive of all payroll- A. COST REIMBURSABLE-COST PLUS FIXED FEE related taxes, payments, premiums, and benefits. For services enumerated in Article 1, OWNER shall (3) SALARY OVERHEAD pay the ENGINEER'S Direct Salaries expended for the service, plus a percentage of Direct Salaries Salary Overhead is a percentage of all firmwide for Salary Overheads, plus a percentage of Direct Direct Salaries paid ENGINEER's employees on all Salaries for General Overhead, plus Direct clients' projects necessary to cover all taxes and Expenses, plus a service charge of 10% of said other costs measuredF'by, or applicable at the time Direct Expenses, plus a Fixed Dollar Profit (Fee). of performance to, !all wages or salaries of the ENGINEER, such as, but not limited to, Worker's The Cost Budget represented by Direct Salaries, Compensation Insurance, Social Security, State plus Salary and General Overheads, plus Direct (Province) and Federal unemployment insurance, Expenses and service charge, is estimated at medical-hospital insurance, salary continuation one hundred fifty thousand and eighty-eight insurance, pension plan costs, and allowance for vacation, sick leave, and holiday pay. Salary Dollars ($150,088 ). overhead is subject;) to periodic adjustment to reflect anticipated changing costs. The Fixed Dollar Profit of twelve thousand five hundred and forty-eight (4) GENERAL OVERHEAD Dollars ($12,548 ) may not be General Overhead is is percentage of all firmwide changed except in the case of an amendment to this Direct Salaries paid' ENGINEER's employees on all AGREEMENT which recognizes a change in the scope clients' projects necessary to cover those indirect of work. general and administrative costs, exclusive of Salary Overhead defined above, allowable under the Foru oses of monthlypayments, ENGINEER's rp the ENGINEER s cost principles of 48 CFR 31.2 that are actually Provisional Overhead rates shall be used. The incurred by the ENGINEER during the period of Fixed Dollar Profit shall be prorated, based on performance of services. General overhead is the estimated percentage of the work completed for subject to periodic adjustment to reflect anti- each task. cipated changing costs. B. DEFINITIONS (5) PROVISIONAL OVERHEAD (1) COST BUDGET Provisional Overheads is defined as the most recently established IlSalary and General Overhead The Cost Budget is the estimated total cost of the rates of the ENGINEER, as allowable under the cost Engineering Services based on the estimated level principles of 48 CFR 31.2. When audits of recently of effort agreed to by the OWNER and ENGINEER. It estimated and established overhead rates by EPA or is recognized that the actual cost to complete the another federal agency have been made and agreed work may vary from the Cost Budget. The ENGINEER upon, such audited rates will be the Provisional will make reasonable efforts to complete the work rates. within the Cost Budget and will keep OWNER informed of progress toward that end so that the The Provisional Overhead rate will be reviewed Cost Budget or work effort can be adjusted if and/or changed at least annually to conform to the necessary. The OWNER shall reimburse the ENGINEER definition of "most recently established overhead for his actual costs to complete the work but the rate" given hereinabove, and to reflect the Fixed Fee will not increase unless there is an ENGINEER's estimate of actual Salary and General approved change in scope. Overhead costs. F II it Page 2 of 2 Cost Plus Fixed Fee The actual Salary and General Overhead costs for ARTICLE 3. TERMS OF PAYMENT (each year will be determined by an audit by 'ENGINEER's cognizant federal agency and agreed Payment to the ENGINEER will be made as follows: upon by the ENGINEER. The invoicing for a par- ticular year will be subsequently adjusted upward A. INVOICES AND TIME OF PAYMENT or downward to cause the provisional costs to equal the actual as determined by the audit. Monthly invoices will!ibe issued by ENGINEER for all OWNER will receive any credits and will pay any work performed under this Agreement. Invoices are balances due that arise as a result of this due and payable on receipt. adjustment. Upon completion of services enumerated in ARTICLE (6) DIRECT EXPENSES 1, the final amount wiill be due upon receipt of the final invoice, including all Fixed Dollar Profit Direct Expenses are those costs incurred on or not previously paid. directly for the PROJECT, other than the Direct Salaries and the Salary and General Overhead B. INTEREST costs. Direct Expenses will be on the basis of actual charges when furnished by commercial Interest at the rate ,iof 1-1/2% per month will be sources and the basis of current rates when fur- charged on all past-due amounts starting 45 days nished by ENGINEER. Direct Expenses will include, after date of invoice, unless not permitted by law, but not be limited to, necessary transportation in which case interest will be charged at the costs, including mileage at ENGINEER's current highest amount permitted by law. Payments will rate when its automobiles are used; meals and first be credited to interest and then to lodging; laboratory tests and analyses; computer principal. services; word processing services; telephone, printing, binding, and reproduction charges; all costs associated with outside consultants, sub- consultants, and other outside services and facilities; and other similar costs. This Attachment B supercedes all prior written or oral understandings of the Compensation and Terms of Payment, and may only be changed by a written amendment executed by both parties. IN WITNESS WHEREOF, the parties execute below: II For the OWNER, CITY OF REDD I NG dated this day of , 19 _ By: MIRE DAHL, Mayor ,� Name Title ATTESTED By: ETHEL A. NICHOLS, City Clerk Name Title FORM APPROVED By: RANDALL A. HAYS, City Attorney Name Title For the ENGINEER, CH2M HILL CALIFORNIA /� , INC., dated this / Aday of C�t{-2�. , 19 By: C->Ti-RAAkr Name Title jl