HomeMy WebLinkAboutAgenda Report - November 1, 1995 (53)OF
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Agreement to Provide Engineering Services for the Design of a
New Water Storage Tank, Pump Station and Standby Generator ($123,190)
MEETING DATE: November 1, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute a
professional services agreement with Montgomery -Watson Engineers for
the Water Storage Tank Design Project.
BACKGROUND INFORMATION: At its March 15, 1995 meeting, the City Council took a number of
actions to avert a shortage of water supply during the summers of
1995 and 1996. These actions and the "next steps", as reported
at that meeting, are listed below. The current status of each item is
also indicated in "different type".
a) Appropriate $75,000 from the Water Fund for Well 9 disinfection equipment and authorize staff to
purchase and install the equipment on an emergency basis.
No further Council action will be required.
"This work is being done. We received three quotes from manufacturers
ranging from $16,500 to 558,000. Although final costs are not available, the total
will be roughly $30,000, including installation."
b) Authorize staff to prepare plans and specifications and obtain bids for a GAC unit at Well 4R and to
complete the site improvements. (Budget amount: $810,000 for GAC and approximately $320,000
for site improvements)
The next Council action requested will be to award a contract thereby committing the
construction funds.
"The GAC unit has been installed along with units at Wells 22 and 23. This was
the lowest priority of the three and, since it was not ready for service until late in
the summer, staff worked with the Contractor to delay start-up until spring of
next year. This will extend the useful life of the carbon, thereby reducing costs.
The cost of the GAC unit will be roughly $380,000 under budget. The site
improvements will be done in conjunction with the water tank. There are some
technical issues regarding the design and operation of this well as it relates to the
water tank that need to be resolved as part of the tank design."
APPROVED: X.—
THOMAS A. PETERSON recycled paper
City Manager
CAGREEMT.DOC ?0/26/95
Agreement to Provide Engineering Services for the Design of a New Water Storage Tank,
Pump Station and Standby Generator ($123,190)
November 1, 1995
Page 2
c) Authorize the Public Works Director to select an outside engineering firm to have plans and
specifications prepared for a one million -gallon water tank at the Well 4R site. (Budget amount:
$816,000)
The next Council action requested will be to approve a professional services agreement, thereby
committing the funds for the design. Subsequent actions will be to approve the plans and
specifications and award a contract
"This item is the subject of this Council action and is discussed at the end of this
status report."
d) Authorize staff to update and utilize plans and specifications previously prepared and obtain bids for
GAC units for Wells 22 and 23. (Budget amount: $920,000)
The next Council action requested will be to award a contract, thereby committing the
construction funds.
"These GAC units have been installed since early summer. Engineering design
and construction staff, along with the suppliers and contractor, should be
complimented on their ability to complete this project on time and well under
budget. The project cost will be roughly $300,000 under budget. These units
played a vital role in meeting water demands during the summer."
e) Approve a special allocation of $11,000 for the Water Conservation Program.
No further Council action will be required.
"The Water Conservation patrol operated throughout the summer and also
helped in our ability to meet water demands."
f) Designate wells which exceed the DBCP MCL as "standby sources" for use on an emergency
basis.
No further Council action will be required.
"With the success of the above actions and other factors, the use of these
standby wells was not necessary."
g) Set a public hearing for April 19, 1995, to consider increasing water rates starting
June 1, 1995, to address the DBCP issue and start on the capital and maintenance issues.
The next Council action requested will be to conduct the hearing and to make a decision on
water rates. A Shirtsleeve Session on this item is scheduled for March 21, 1995.
"Following a series of meetings, a "compromise" rate increase was adopted.
This increase, as indicated then, will only go part way in providing adequate
funding for the replacement needs of the water system. Staff will be reporting
back to the City Council on this item in a few months."
CAGREEMTAOC 10126/95
Agreement to Provide Engineering Services for the Design of a New Water Storage Tank,
Pump Station and Standby Generator ($123,190)
November 1, 1995
Page 3
WATER TANK DESIGN AGREEMENT
As approved by the Council under item c) above, staff has selected a firm for this design project. We
used a qualifications -based selection process previously approved by the Council for two Measure K
street projects. The process was as follows:
1. Nine firms appearing to have the applicable expertise, based on our files and
recommendations from other agencies, were invited to submit qualification statements.
2. Six firms submitted qualification statements and references. These were reviewed by a staff
panel consisting of our two design engineers, the Water/Wastewater Superintendent and
the City Engineer.
3. Three firms were selected for an interview. The interview panel consisted of the above
review panel plus an experienced engineer from the City of Stockton Municipal Utilities
Department. The firms interviewed were Montgomery -Watson, Kennedy -Jenks and
Brown & Caldwell.
4. Montgomery -Watson was selected as the best firm for our project. Staff then worked with
them to develop the detailed scope of work and contract attached (Exhibit A).
The panel was impressed with Montgomery -Watson's approach to the entire design process. Their
combination of expertise and workshop/decision-making approach involving City staff on the significant
design issues was unique. We feel City staff will have a much better understanding of how the water
tank is to be operated and maintained with this approach. This is significant in that, as we noted in one
of the early reports on the water tank concept, the use of a ground storage tank is probably the largest
change ever in how the City's water system is operated.
Another factor in their selection was the outstanding comments we received in doing background
checks with other agencies. While many firms received good reviews, none consistently received the
superlative comments that Montgomery -Watson received.
FUNDING: $818,000 already appropriated for the project using a State Drinking Water Bond loan
which will be repaid from the Water Fund.
�t Jack L. Ronsko
Public Works Director
Prepared by Richard C. Prima, Jr., City Engineer
attachment
cc: City Engineer
Water/Wastewater Superintendent
Associate Civil Engineers Lindseth and Chang
Montgomery -Watson
CAGREENFEDOC 10/26M
MONTGOMERY WATSON
October 24, 1995
Mr. Richard Prima
City Engineer
City of Lodi
P.O. Box 3006
Lodi. CA 95241-1910
Subject: Agreement to Provide Engineering Services for
the Design of a New Water Storage Tank, Pump
Station and Standby Generator
Dear Mr. Prima:
Montgomery Watson Americas, Inc. (MW) is pleased to submit this agreement for the design
of a new water storage tank, pump station and standby generator.
SCOPE OF SERVICES
The scope of services for this agreement includes the specific tasks outlined and described in
Exhibit A, enclosed herein.
TIME TO COMPLETE
The schedule for completion of the services covered by this agreement is enclosed as Exhibit
B.
FEES AND CONDITIONS
Consulting engineering services will be provided in accordance with the current Schedule of
Fees and Conditions, form CA3-HR (MW93), standard hourly rates, a copy of which is
included as Exhibit C. Actual fees will be computed on the basis of costs incurred and the
total fee will not exceed $123,190.
We appreciate this opportunity to be of service to the City of Lodi. If the above proposal
meets with your approval, it may serve as the basis of Agreement by affixing the signatures
??' :_r -:)U- ;,,nmon.?oac Tei :9169248845 S&rv;nq .:e :V )r y
Fax: 316 924 9102
in the spaces provided below. Two copies of this agreement are enclosed. one for your
records and one to be returned to MW.
Respectfully submitted,
MONTGOMERY WATSON, INC.
By
Edward L. Marlow
Project Manager
By
ACCEPTED BY:
City of Lodi
Date of Acceptance:
City of Lodi
Date of Acceptance:
ATTEST:
Approved as to Form:
EXHIBIT A
CITY OF LODI
WATER STORAGE TANK DESIGN
SCOPE OF WORK
Assumptions
1. City will conduct "CYBERNET" modeling runs, as necessary. Montgomery
Watson will review existing model with Citv's modeler and make
recommendations. as necessary.
2. Although two alternatives will be evaluated. only one tank material alternative
will be designed and included with the contract documents.
3. Facilities to be designed include:
• Above ground water storage tank with appurtenant piping and valving.
• Booster pump station with electrical controls and SCADA tie-in.
• Standby generator. based on City provided specifications. and transfer
switchgear.
• Space will be provided for any well pump electrical controls or
instrumentation panels.
• Pump station. chemical feed and electrical/instrumentation facilities
shall be designed for housing in a building.
4. Landscaping will be minimal.
5. Design to be completed by 6 March 1996.
6. Standby generator will be for outdoor installation.
7. Construction services to be negotiated at a later date.
Tasks
Task 1.0 Project Management
Objective: The objective of this task is to ensure that the project is conducted in a
manner such that a good relationship is established benveen the client and
iVfontgomery Watson.
Task 1.1 Project Meetings - Montgomery Watson shall conduct three project
meetings in the office of Montgomery Watson.
Task 1.2 Workshops - Montgomery Watson shall prepare for and conduct three 4-
hour workshops. Workshops shall be held in Lodi, California. Exact location to
be determined at a later date. The workshops shall be as follows:
Kick-off workshop
Concept Engineering workshop
QA/QC review workshop
Task 1.3 Weekly Reports - Montgomery Watson shall send by facsimile a Bi-
weekly progress report to the City.
Task 1.4 Public Presentation (optional task) - Montgomery Watson shall prepare
and deliver a presentation for a City Council Meeting or public meeting.
Task 2.0 Geotechnical Investigation
Objective: The objective of this task is to ensure that the necessary geotechnical
constraints are identified and mitigated in the design.
Task 2.1 Soil Borings - Montgomery Watson shall subcontract to drill three test
borings approximately 20 feet in depth at the proposed site.
Task 2.2 Response Spectra - Montgomery Watson shall subcontract to develop
response spectra and effective peak acceleration for differing exceedance
probabilities for use in seismic design of the tank and pumping facilities.
Task 2.3 Geotechnical Engineering Report - Montgomery Watson shall
subcontract to prepare a geotechnical engineering report containing
recommendations for foundations, site preparation, grading and settlement.
Task 3.0 Preliminary Investigation
Objective: The objective of this task is to identify how the system will be operated
and result it? establishing design criteria; including materials of construction,
methods of control and operation, and construction strategies.
Task 3.1 Water Storage Tank Study (update) - Montgomery Watson shall review
and recommend changes to update the study prepared by the City and dated May
1994.
Task 3.2 Review of Operations - Montgomery Watson team members shall
interview operations staff and the supplier of the "carbon treatment" system to
develop operational scenarios and to develop operational criteria to assist with
decision making.
Task 3.3 Decision -Making Exercise - Montgomery Watson shall meet with City
staff to conduct a "decision-making" exercise on planned operations. Alternatives
to be reviewed shall include:
o Single flow rate versus multiple flow rate well pumping
o Flow to run directly into system from granular activated carbon vessels
or directly into storage tank
o Variable flow from storage tank with variable frequency drive or
multiple pumps
o Tank storage requirements
Task 3.4 Tank Material Review - Montgomery Watson shall prepare a life cycle
cost estimate based on the following alternatives:
o Welded steel construction
o Prestressed. above grade concrete construction
Task 3.5 Technical Memorandum - Montgomery Watson shall prepare a technical
memorandum summarizing the activities of Tasks 3.1 through 3.4. Memorandum
will include recommendations of tank size. materials of construction and booster
pumping protocol.
Task 4.0 Design Development
to
Objective: The objective of this task is develop the design to a stage of
completion that confirms that issues of concern have been identified and
mitigated
Task 4.1 - Design Development Report - Montgomery Watson shall prepare a
Design Development Report. The Design Development Report will include
drawings and specifications that would represent an approximate 60% completion.
The Report will include, but not be limited to, the following:
• Preliminary site layout and site plan.
• Preliminary grading plan, including access road and earthwork
requirements.
• Plan for temporary and permanent stockpiling of earthwork on- and
off-site.
• Preliminary yard piping plan.
• Documentation of existing buried and above ground utilities in the
area.
• Structural and seismic design of the walls, foundations and footing,
and other vaults that may be required.
• Piping design criteria for tank and booster pump station.
• Electrical and instrumentation desisn criteria.
• Booster pump station configuration.
Catalogue cuts of the following equipment: Booster pumps, valves,
and other appurtenances.
• Preliminary construction cost estimate update.
• Updated project design and construction schedule.
0 Updated list of drawings and specifications.
Task 5.0 Detailed Design
Objective: The objective of this task is to finalize the construction documents so
that the client can advertise the project for construction.
Montgomery Watson shall provide the City with three complete sets of design
documents at a 95% completion level for review. After review and completion,
Montgomery Watson shall provide a camera-ready set of original documents for
mass reproduction by the City. Plans and specifications shall also be provided to
the City as electronic files; the drawings in AutoCADD version 12 format and the
specifications in :Microsoft Word 6.0 format at the conclusion of the project.
Task 5.1 Construction Plans - Montgomery Watson will prepare a reproducible set
of construction drawings suitable for bidding for all disciplines including controls,
electrical, cathodic protection, structural, piping, and general civil. Computer
Aided Drawings (CAD) shall be prepared on D size sheets.
Task 5.2 Construction Specifications - Montgomery Watson will prepare a
reproducible set of specification documents which will incorporate the City's
standard "front-end" documents. Montgomery Watson will prepare a performance
based specification for only the water storage tank. Specification will include
seismic requirements, piping configurations, and other City required details.
Task 5.3 Construction Cost Estimate - A final construction cost estimate would
be prepared by Montgomery Watson.
Task 6.0 Bidding Assistance
Objective: The objective of this task is to ensure that the bidding process
proceeds in an orderly manner thereby assuring the client of a fair and
reasonable response to the project.
Task 6.1 Pre-bid Conference - Montgomery Watson shall attend and participate in
the'pre-bid conference.
Task 6.2 Addenda - Montgomery Watson shall prepare necessary addenda to
support project. Addenda will be printed and mailed by the City.
Task 6.3 Questions - Montgomery Watson shall field technical questions
presented by potential contractors.
Task 6.4 Bid Review - Montgomery Watson shall review bids and make a
recommendation or award to the City.
4
SERVICES AND RESOURCES PROVIDED BY THE CITY
1. Topographic mapping of the project site at a scale of 1 inch = 20 feet, with
spot elevations. All curbs, gutters, manholes and pipes shall be identified and
where possible, elevations provided.
2. Pertinent information related to previous planning of the project.
3. Coordination of all right-of-way and easement documentation, if required.
4. Assistance in coordinating any meetings with the council.
5. Print and mail all plans and specifications.
6. Advertise for the project.
7. Coordinate and prepare all CEQA documentation required by the project.
8. All necessary permits and approvals.
9. Front-end specifications and standard details.
10. Potholing, if required.
11. All permits and applications.
5
EXHIBIT 8 SCHEDULE
CITY OF LODI
WATER STORAGE TANK
ID
Task Name
Duration
Start
95
T F
Nov 5,15 _ _
S S M T_1 W T F S
Nov 12,'9S
S M T W T
_ _ _ _ No_v f9,'95
F S S M T W T
_ _ __ _Nov 26,_'95 _
F S S M T W T F S
_ Dec_ 3,'95 _ _
-S—1—M T W T F S S
1
Iask 1.0 Project Managurnerd
Task 1.1 Project Meetings
Task 1.2a Kick oil Wurksbop
Task 1.2b Eng. Concepts Work
1 3 Bi -weekly Reports
Task 2.0 Geotach Investigation
Task 2.1 Soil Borings
Task 2.2 Response Spectra
Task 2.3 Report
Task 3.0 Prelim. Investigation
Task 3.1 Study Update
Task 3.2 Review of Operations
Task 3.3 Decision Making
Task 3.4 Tank Malarial Review
Task 3.5 Tech Memorandum
Task 4.0 Design Development
Task 4./ Des. Devel. Report !
Task 5.0 Detailed Design
Task 5.1 Construction Plans i
Task 5 2 Construction Specs.
Task 5.3 Const. Cost Estimate
Task 6.0 Biqding Assistance
i
Task 6.1 Pre -Bid Conference
Task 6.2 Addenda
Task 6.3 Questions
Task 6.4 Did Review
Od
61d
td
- 1d
121d'
Od
14d
14d
45d
Od
lw
1w
Id
2d
1 w i
Od:
6w
Od
29d
f
29d
i
29d
Od
Id:
20d !
20d j
td i
11/2/95
11!8195
111095
12/7/95
1117/95
11/2195
11/2195
11/2195
11/2195
11/2/95
111895
111895
1111795
11120/95
11/20/95
11/2/95
11/20/95
11/295
1119/98
1/1996
1/1996
11/2/95
31796
3!796
37196
4/3196
/1/2
1112
f—J
-- ---- ----
'7-
I••--'{
LJ
2
6
7^
aTask
22
23
24
25
-
- ...._..,___...... __..,. ......_..._......_____.�.
26
11/2
11/2
1112
11/2
27
28
29
30
31
92
33
34
3S
36
37
38
39
40
41
42
Project:
Date. 1012595
Task
Progress
Milestone
Summary
♦
^
Rolled Up Task
Rolled Up Milestone O
Rolled UD Progress
1 Page I
EXHIBIT B SCHEDULE
:ITY OF LODI
NATER STORAGE TANK
10
' Task Name
1
Task 1.0 Project Management
2
Task 1.1 Project Meetings
I
6
Task Ila Kick-otl Workshop
7
Task 1.2b Eng. Concepts Work
6
Task 1.3 Bi -weekly Reports
22
Task 2.0 Geolech Investigation
23
Task 2.1 Soil Borings
24
Task 2.2 Response Sperdre
25
Task 2.3 Report
26
Task 3.0 Prelim. Investigation
27
Task 3.1 Study Update
26
Task 3.2 Review of Operations
29
Task 3.3 Decision Making
30
Task 3.4 Tank Material Review
31
Task 3.5 Tech Memorandum
32
Task 4.0 Design Development
33
Task 4.1 Das. Devel. Report
34
Task 5.0 Detailed Design
35
Task 5.1 Construction Plans
36
Task 5.2 Construction Specs.
37
Task 5.3 Cons[. Cost Estimate
36
Task 6.0 BiQdtmg Assistance
39
Task 6.1 Pre -Bid Conference
40
Task 6.2 Addenda
41
Task 6.3 Questions
42
Task 6.4 Bid Review
roject:
rale: 10125/95
C
C
W
Task Milestone Rolled Up Task r:`::;:;;:;:::i(� Rolled Up Progress
Progress Summary ^ Rolled Up Milestone O
2 Page 2
u
J_",_2 1
EXHIBIT 8 SCHEDULE
,ITY OF LODI
NATER STORAGE TANK
10 1 Task Name
2
Task 1.1 Project Meetings
6
Task 1.2a Kick -oft Workshop
7
Task 12b Eng. Concepts Work
a
Task 1.3 IN -weekly Reports
22
Task 2.0 Gootech Investigation
23
Task 2.1 Soil Borings
24
Task 2.2 Response Spectra
25
Task 2.3 Report
26
Task 3.0 Prelim. Investigation
27
Task 3.1 Study Update
28
Task 3.2 Review of Operations
29
Task 3.3 Decision Making
30
Task 3.4 Tank Material Review
31
Task 3.5 Tech Memorandum
32
Task 4.0 Design Development
33
Task 4.1 Des. Devel. Report
34
Task 5.0 Detailed Design
35
Task 5.1 Construction Plans
36
Task 5.2 Construction Specs.
37
Task 5.3 Const. Cost Estimate
38
Task 6.0 Bi4ding Assistance
39
Task 6.1 Pro -Bid Conference
40
Task 6.2 Addenda
41
Task 6.3 Ouiestions,
42
Task 6.4 Bid Review
Iroject:
)ate: 10/25M
Task . ...... ......
Milestone
Progress Summary
3 Page 3
Roffed Up Task F77777777777771
7.1 1 11--.1 .... ... .. ...... Rolled Up Progress
Rolled Up Milestone 0
Mar 3, '96
-T-w-Ff I
s -Fm -F -T
EXHIBIT B SCHEDULE
CITY OF LODI
WATER STORAGE TANK
_
Mar 10,16
Mar 17,'96
Mar 24,'96
Mar 31,'96
A r 7,'96
A f 11, 96 Ap
ID
Task Narne
S M T W T
F S S M T W T F S
S M T W T F
S S M T W T F
S S M T W T F S
S M 7 W T F S S M T
1 Task 1.0 Project Management
2 Task 1.1 Project Meetings
6 Task 1.2a Kick-oil Workshop
7 Task 1.2b Erg. Concepts Work.
6 Task 1.3 Bi-weekly Reports
ED
22 Task 2.0 Geolech Investigation
23 Task 2.1 Soil Borings
24 Task 2.2 Response Spectra
25 Task 2.3 Report
26 Task 3.0 Prelim. Investigation
27 Task 3.1 Study Update
29 Task 3.2 Review o1 Operations
29 Task 3.3 Decision Making
30 Task 3.4 Tank Material Review
31 Task 3.5 Tech Memorandum
32 Task 4.0 Design Development
33 Task 4.1 Des. Devel. Report
34 Task 5.0 Detailed Design
35 Task 5.1 Construction Plans
36 Task 5.2 Construction Specs.
37 Task 5.3 Const- Cost Estimate
39 Task 6.0 Bioding Assistance
39 Task 6.1 Pre-Bid Coherence
40 Task 6.2 Addenda
.............:..........
.. ., _..,. _ .. .
41 Task 6.3 Questions
..................
.. .. ... .... .... ,,,
.
42 Task 6.4 Bid Review
Project[
Task
Milestone ,._t Milestone `
Rolled Up Task
Rolled Up Progress
Date: 10/25195
Progress
Summary ^
Rolled Up Milestone O
4 Page 4
EXHIBIT C
CITY OF LODI
WATER STORAGE TANK DESIGN PROJECT
SCHEDULE OF FEES AND CONDITIONS
MONTGOMERY WATSON AMERICAS, INC.
A. FEES AND PAYMENT
1. The fee for services will be based on MONTGOMERY WATSON's standard hourly rates
(including labor cost, overhead. and profit) current at the time the work is done. A current copy
of these rates is attached to this Agreement as an hourly spreadsheet and incorporated herein.
These rates shall remain in affect through the term of this agreement. which are defined in
Exhibits A & B. Non -salary expenses directly attributable to the project, such as: (1) living and
traveling expenses of employees when away from the home office on business connected with
the project: (2) a telecommunication charge added to each professional labor hour; (3)
identifiable reproduction costs applicable to the work: and (4) outside services will be charged at
actual cost plus 15% service charge to cover overhead and administration. Charges for the use of
computers. word processors and associated equipment and services will be in accordance with
the published schedule of fees in effect at the time the charges are incurred. Charges for services
provided by MONTGOMERY WATSON's approved water quality laboratory will be in
accordance with the published laboratory fee schedule in effect at the time the services were
furnished. Montgomery Watson will maintain General Liability insurance with a limit of
S 1.000.000 per occurrence, Automobile Liability insurance with a S 1,000,000 combined single
limit, and Professional Liability insurance with a limit of $1,000,000 per occurrence.
2. Payment shall be due within 30 days after date of monthly invoice describing the work
performed and expenses incurred during the preceding month.
3. OWNER agrees that timely payment is a material term of this Agreement and that failure
to make timely payment as agreed constitutes a breach hereof. In the event payment for services
rendered has not been made within 60 days from the date of invoice. MONTGOMERY
WATSON may, after giving 7 days written notice to OWNER, and without penalty or liability of
any nature, and without waiving any claim against OWNER, suspend all work on all authorized
services as set forth herein. Upon receipt of payment in full for services rendered, plus interest
charges. NIONTGOMERY WATSON will continue with all services not inconsistent with
Article C.4 herein. Payment of all compensation due MONTGOMERY WATSON pursuant to
this Agreement shall be a condition precedent to OWNER using any of MONTGOMERY
WATSON's professional services work products furnished under this Agreement.
4. In order to defray carrying charges resulting from delayed payments, simple interest at
the rate of 18% per annum (but not exceeding the maximum rate allowed by law) will be added
to the unpaid balance of each invoice. The interest period shall commence 30 days after date of
original invoice, and shall terminate upon date of payment. Payments will be first credited to
interest and then to principal. No interest charge will be added during the initial 30 -day period
following date of invoice.
B. COMMENCEMENT OF WORK. The work will be commenced immediately upon
receipt of written notice to proceed. If after commencement of work the project is delayed for
any reason beyond the control of MONTGOMERY WATSON for more than 60 days, the price
and schedule for services under this Agreement are subject to revision. Subsequent
modifications shall be in writing and signed by the parties to this Agreement.
C. MISCELLANEOUS PROVISIONS
INSURANCE/INDEiNINIFICATION/LIMITATION OF LIABILITY
(a) MONTGOMERY WATSON will maintain insurance coverage for Workers'
Compensation and Employer's Liability Insurance as well as General Liability and
Automobile Liability Insurance and will name Owner as an additional insured on the
General Liability and Automobile Liability Insurance policies.
(b) MONTGOMERY WATSON asserts that it is skilled in the professional calling
necessary to the services and duties proposed to be performed, and that it shall perform
such services and duties in conformance to and consistent with the standards generally
recognized as being employed by professionals of MONTGOMERY WATSON's caliber
in the same locality, and to that end MONTGOMERY WATSON agrees to indemnify
and hold harmless Owner, its officers, and employees from and against claims, suits, loss,
damages, costs, and expenses arising out of or resulting from the negligent acts, errors, or
omissions of MONTGOMERY WATSON. its officers. employees or agents in the
performance of its services and duties hereunder, but not from the negligence or willful
misconduct of Owner, its officers, and employees. However in no event shall
MONTGOMERY WATSON be liable for any special, indirect, or consequential damages
as a result of its performance of the services hereunder. MONTGOMERY WATSON
maintains professional liability insurance to protect Owner from any negligent acts.
errors, or omissions on the part of MONTGOMERY WATSON.
(c) Owner hereby understands and agrees that MONTGOMERY WATSON has not
created nor contributed to the creation or existence of any or all types of hazardous or
toxic wastes, materials, chemical compounds. or substances, or any other type of
environmental hazard or pollution, whether latent or patent, at Owner's premises, or in
connection with or related to this project with respect to which MONTGOMERY
WATSON has been retained to provide professional engineering services. The
compensation to be paid MONTGOMERY WATSON for said professional engineering
services is in no way commensurate with, and has not been calculated with reference to,
the potential risk of injury or loss which may be caused by the exposure of persons or
property to such substances or conditions. Therefore with respect to existing conditions
at the site and with materials existing at the site, to the fullest extent permitted by law,
Owner agrees to defend, indemnify, and hold MONTGOMERY WATSON, its officers,
directors. employees, and consultants, harmless from and against any and all claims,
-2-
damages, and expenses, whether direct, indirect, or consequential, including but not
limited to, attorney's fees and court costs, arising out of, or resulting from the discharge,
escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals,
liquids, gases, or any other materials, irritants, contaminants, or pollutants in or into the
atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or
watercourses, objects, or any tangible or intangible matter, whether sudden or not.
(d) Nothing contained within this Agreement shall be construed or interpreted as
requiring MONTGOMERY WATSON to assume the status of a generator, storer,
transporter, treater, or disposal facility as those terms appear within the Resource
Conservation and Recovery Act, 42 USCA, §6901 etse . as amended, or within any
state statute governing the generation, treatment, storage, and disposal of waste. Further,
the contents of this Agreement shall not be construed or interpreted as requiring
MONTGOMERY WATSON to arrange for the transportation, treatment, or disposal of
hazardous substances, as described in the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 USCA §9601, etseo., as amended.
(e) Notwithstanding any provisions in this Agreement to the contrary, if this project
involves construction, as that term is generally understood, and MONTGOMERY
WATSON does not provide engineering services during construction, including but not
limited to, on-site monitoring, site visits, shop drawing review, and design clarifications,
Owner agrees to defend, indemnify, and hold MONTGOMERY WATSON, its
consultants, agents, and employees harmless from any and all liability arising out of the
construction.
(f) MONTGOMERY WATSON shall not be liable for damages arising out of or
resulting from the actions or inaction of governmental agencies, including but not limited
to, permit processing, environmental impact reports, dedications, general plans and
amendments thereto, zoning matters, annexations or consolidations, use or conditional
use permits, and building permits. Owner agrees to defend, indemnify, and hold
MONTGOMERY WATSON, its consultants, agents, and employees harmless from any
and all liability, other than that caused by the negligent acts, errors, or omissions of
MONTGOMERY WATSON, arising out of or resulting from the same.
2. DOCUMENTS
(a) All tracings, survey notes, and other original documents together with all
computer data generated by MONTGOMERY WATSON in connection with its
performance under this Agreement, shall become the property of the City of Lodi;
provided that MONTGOMERY WATSON shall be permitted to retain copies of all such
material. Owner agrees to hold harmless, indemnify, and defend MONTGOMERY
WATSON, its consultants, agents, and employees against all damages, claims, expenses,
and losses arising out of any reuse of the plans and specifications without the written
authorization of MONTGOMERY WATSON.
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(b) MONTGOMERY WATSON's liability to Owner for any computer programs,
software products, or related data furnished hereunder is limited solely to the correction
of residual errors, minor maintenance, or update(s) as agreed. MONTGOMERY
WATSON makes no warranties of any kind, including any implied warranty of
merchantability or of fitness for any particular purpose, or against infringement, with
respect to computer programs, software products, related data, technical information, or
technical assistance provided by MONTGOMERY WATSON under this Agreement. In
no event shall MONTGOMERY WATSON, its officers, agents. or employees be liable
under or in connection with this Agreement under any theory of tort, contract, strict
liability, negligence, or other legal or equitable theory for incidental or consequential
damages relating to any computer programs, software products, or related data furnished
hereunder.
3. TERMINATION OR ABANDONMENT. If any portion of the work is terminated or
abandoned by Owner, the provisions of this Schedule of Fees and Conditions in regard to
compensation and payment shall apply insofar as possible to that portion of the work not
terminated or abandoned. If said termination occurs prior to completion of any phase of the
project, the fee for services performed during such phase shall be based on MONTGOMERY
WATSON's reasonable estimate of the portion of such phase completed prior to said termination,
plus a reasonable amount to reimburse MONTGOMERY WATSON for termination costs.
Termination costs shall be limited to 10% of accrued actual costs to date of termination.
4. WAIVER. MONTGOMERY WATSON's waiver of any term, condition, or covenant or
breach of any term, condition, or covenant, shall not constitute a waiver of any other term,
condition, or covenant, or the breach thereof.
5. ENTIRE AGREEMENT. This Agreement, and its attachments, contains the entire
understanding between Owner and MONTGOMERY WATSON relating to professional
engineeringservices. Any prior or contemporaneous agreements, promises, negotiations, or
representations not expressly set forth herein are of no effect. Subsequent modifications or
amendments to this Agreement shall be in writing and signed by the parties to this Agreement.
6. SUCCESSORS AND ASSIGNS. All of the terms, conditions, and provisions hereof
shall inure to the benefit of and be binding upon the parties hereto, and their respective
successors and assigns, provided, however, that no assignment of this Agreement shall be made
without written consent of the parties to this Agreement.
7. CONSTRUCTION ESTIMATES. Estimates of cost for the facilities considered and
designed under this Agreement are prepared by MONTGOMERY WATSON through exercise of
its experience and judgment in applying presently available cost data, but it is recognized that
MONTGOMERY WATSON has no control over costs of labor and materials, or over the
construction contractor's methods of determining prices, or over competitive bidding procedures,
market conditions, and unknown field conditions so that MONTGOMERY WATSON cannot
and does not guarantee that proposals, bids, or the project construction costs will not vary from
MONTGOMERY WATSON's cost estimates.
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8. INJURY TO WORKERS. It is understood and agreed that MONTGOMERY
WATSON's fee is based on MONTGOMERY WATSON being named as an Additional Insured
on construction contractor's insurance policy for Comprehensive General Liability and Builders
All Risk Liability, and Owner agrees to insert into all contracts for construction between Owner
and construction contractor(s) arising out of this design a provision requiring the construction
contractor(s) to defend. indemnify, and hold harmless both Owner and MONTGOMERY
WATSON from any and all actions arising out of the construction project, including but not
limited to. injury to or death of any worker on the job site. not caused by the sole negligence of
Owner or MONTGOMERY WATSON.
9. SITE VISITS. Visits to the construction site and observations made by
MONTGOMERY WATSON as part of services during construction under this Agreement shall
not make MONTGOMERY WATSON responsible for, nor relieve the construction contractor(s)
of the obligation to conduct comprehensive monitoring of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall not make MONTGOMERY
WATSON responsible for, nor relieve the construction contractor(s) of the full responsibility for
all construction means, methods, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the work under the construction contract(s), and for
all safety precautions incidental thereto. Such visits by MONTGOMERY WATSON are not to
be construed as part of the monitoring duties of the on-site monitoring personnel defined below.
10. ON-SITE MONITORING. When MONTGOMERY WATSON provides on-site
monitoring personnel as part of services during construction under this Agreement, the on-site
monitoring personnel will make reasonable efforts to guard Owner against defects and
deficiencies in the work of the contractor(s), and to help determine if the provisions of the
Contract Documents are being fulfilled. Their day-to-day monitoring will not, however, cause
MONTGOMERY WATSON to be responsible for those duties and responsibilities which belong
to the construction contractor(s), including but not limited to, full responsibility for the means,
methods. techniques, sequences, and progress of construction, and the safety precautions
incidental thereto, and for performing the construction work in accordance with the Contract
Documents.
11. COMPLIANCE WITH LAWS. To the extent applicable hereto, MONTGOMERY
WATSON shall, in the performance of this Agreement comply with: The Fair Labor Standards
Act of 1939 (20 U.S.C. 201-219); The Walsh -Healey Public Contracts Act (41 U.S.C. 35-45);
The Contract Work Hours Standards Act - Overtime Compensation (40 U.S.C. 327-330); Laws
restraining the Use of Convict Labor; Utilization of Small Business and Small Disadvantaged
Business Concerns (Public Law 95-507); other federal, state and local laws, and all regulations
and orders issued under any applicable law, including:
(a) The Equal Employment Opportunity clause in Section 202 of Executive Order
(E.O.) 11246, as amended, and the implementing rules and regulations (41 CFR, Part 60)
are incorporated herein by reference, unless this Agreement is exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 250 of E.O.
11246, or provisions of any superseding E. O. As used in this clause, "Contractor" means
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Seller. Unless this Agreement is exempted, the applicable Equal Employment
Opportunity Compliance Certificate previously submitted by Seller to Buyer is by
reference also incorporated herein.
(b) The Affirmative Action for Handicapped Workers Clause in Title 41, Code of
Federal Regulations, Part 60 - 741.4, and the implementing rules and regulations of the
Department of Labor associated therewith are incorporated herein by reference unless this
Agreement is under $2,500.
(c) The Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era
Clause of Title 41, Code of Federal Regulations, Part 60 - 250.4, and the implementing
rules and regulations of the Department of Labor associated therewith are incorporated
herein by reference, unless this Agreement is under S 10,000.
12. SEVERABILITY. If any provision of this Agreement is declared invalid, illegal, or
incapable of being enforced by any court of competent jurisdiction, all of the remaining
provisions of this Agreement shall nevertheless continue in full force and effect, and no
provision shall be deemed dependent upon any other provision unless so expressed herein.
CA3-HR (MW93)
ESTIMATED LEVEL OF EFFORT
WATER STORAGE TANK AND PUMP STATION
CITY OF LODI
Principal
Engineer
Hour) Rate $130.00
Super.
En ineer
5110.00
LABOR CLASSIFICATION
Senior Profess.
En inter En ineu
$95.00 $85.00
Assoc.
En 'neer
$75.00
Drafting/
Desi
$80.00
Clerical
$50.00
I
TOW
MW
(hrs)
Total
MW Labor
($)
Other
Cost
(5)
Subconsultants
Geotech Cathodic
Protection
TOW
Budget
Amount
Task
Description
1
Project Managmeas
1.1
Project Meetings
12
8
8
8
8
6
8
60
$5.520
$500
$6,020
1.2
Workshops
48
12
8
8
8
8
8
100
$10,640
$10,640
1.3
Bi -Weekly Reports
24
2
26
$3.220
$3,220
2
Geotechaled
4
2
6
$740
1 $3,500
$4.240
3
Preliminary Invest) ation
3.1
Revised Study
8
12
4
1
25
$2.790
$2.790
3.2
Review of 'ons
16
13
29
$3,185
$3,185
3.3
Decision Makina Exercise
8
12
12
32
$3,380
$15
$3,395
3.4
Tank Material Review
2
8
4
2
16
$1,620
$1,620
3.5
Tech Memo
2
4
8
4
18
$1.540
$500
$2,040
4
Design Devel enl
4.1
Design DevetoprnentRe
16
24
8
40
24
207
40
359
$29,240
$1400
$30,740
S
Detailed Design
20
80
20
24
32
200
40
416
$35,740
$10,000
$5,000
$50.740
6
Bidding Ass nee
16
4
4
4
4
4
4
40
$4060
$500
$4560
Totals
176
166
56
109
76
435
109
1,127
5101,675
13,015
3,500 5,000
$123,190