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03/06/1990, 2 - WASTEWATER MANAGEMENT PLAN IMPLEMENTATION - ENGINEERING SERVICES FOR UNIT 4 DESIGN AND OFFICE ENGIN
4III� "al� MEETING DATE: MY Of SM) LviS OBISPO March 6 1990 COUNCIL AGENDA REPORT ITEM N FROM: William T. Hetlando Prepared by: John E. Mos Utilities Director Wastewater Division Manager SUBJECT: Wastewater Management Plan Implementation - Engineering Services For Unit 4 Design and Office Engineering Services, and Construction Management Services For Units 3 & 4 and Collection System Improvements. RECOMMENDATION: Adopt resolution approving contract with Brown and Caldwell Engineers to provide engineering services for Unit 4 Wastewater Treatment Plant Improvements Design and Office Engineering Services, and Construction Management Services for Units 3 & 4 and Collection System Improvements Projects; costs not to exceed $3,290,571. BACKGROUND: On February 23, 1988, Council approved the first phase of the Wastewater Management Plan Implementation contract with the engineering firm of Brown and Caldwell and authorized them to begin the first increment of work. The firm of Brown and Caldwell was selected in accordance with the City's Purchasing Control Procedures PC 402-1 Professional Services. The initial selection process evaluated firms on their ability to provide administrative, design and construction management services. Brown and Caldwell was selected as most capable in these areas. Only the first increment of work was authorized because of the uncertainty of Regional Board support and the need for a sewer rate increase to support the work. With those issues later resolved Council approved the second increment of work on April 19, 1988. This work included design of the Unit 3 Improvements and initial study and preliminary design of the Collection system improvements. Brown and Caldwell has completed design of the Unit 3 Improvements and City Engineering staff is nearing completion of the final collection system improvements. On October 11, 1988, Council selected the "Full Compliance Option" for treatment and disposal of the City's wastewater and on March 21, 1989 approved Amendment No. 2 of the Wastewater Management Plan (WWMP) engineering services for development and ���h�IbNIIVIIIII(��p° � �U city Of san luis owpo iUlaras COUNCIL AGENDA REPORT Wastewater Management Plan Implementation March 6, 1990 Page 2 implementation of a Wastewater Pilot Study to determine the effects of the activated sludge process on key receiving water requirements and to determine the most cost effective treatment processes for meeting the receiving water requirements. The Wastewater Pilot Study was completed and final recommendations were made in January 1990. With the pilot study completed, Unit 3 design completed and the collection system design nearing completion, the City is ready to embark on the next phase of the WWMP implementation. This phase includes the Design of Unit 4 improvements to the wastewater treatment plant and construction of Unit 3 improvements and the collection system improvements. It is essential to proceed with with these projects for the following reasons: 1. The City is in the final stages of negotiating a consent decree with the CRWQCB which has date certain schedules for design, construction, and operation of Units 3 and 4 Treatment Plant Improvements. Any delays in the implementation of key tasks for the completion of this work may result in violation of the schedule and subsequent fines to the City. 2. Delays in the Collection System Improvements project may result in continued wet weather surcharging of the system and subsequent spills resulting in fines from the State and a potential health threat to the citizens of the City. 3. The City has applied for and is eligible for State low interest (app. 3 .5%) loan funding for the improvements projects. This loan funding is provided on a first come first serve basis and although unlikely at this time, excessive delays could cause possible loss of all or a portion of the loan funding. 4. Inflationary cost increases on a project of this size (app. $32 million total) are extremely significant. Diligent completion of the project is essential to providing the City with the required project for the best price. SCOPE OF WORK: This phase of implementing the City's Wastewater Management Plan involves contracting with Brown and Caldwell to provide additional design and construction management services. The scope of the proposed services is divided up into specific work tasks. These tasks can be summarized in three key areas. \ J-s2 '11111111111W111$ city of San tta-is OBispo COUNCIL AGENDA REPORT Wastewater Management Plan Implementation March 6, 1990 Page 3 Those areas are: a) Design Improvements to Meet Receiving Water Requirements (Unit 4) ; b) Office Engineering for Unit 4 Improvements; and c) Construction Management Services for Unit 3, Unit 4 and Collection System Improvements. 1. Design Improvement to Meet Receiving Water Requirements. The engineering services to be performed under this area are as follows: a. Project Management consisting of continuous administration of the project during the design of the Unit 4 improvements. b. Preparation of monthly progress reports and maintenance of budget and scheduling controls. C. Preparation of a project management plan which provides for specific responsibilities, project coordination and establishes significant milestones. d. Coordination of submittals (plans and specs) for State Revolving Fund Loan Financing. e. Preliminary design activities including a kick-off meeting between consultant and City staff, information and data gathering, brainstorming sessions with City staff, preparation of geotechnical reports, and 10% design review session. f. Detailed design activities for all facilities required to meet the receiving water requirements as identified in the Wastewater Pilot Study; conduct design review sessions at the 40 and 70% design completion levels; prepare project schedules; prepare construction cost estimates, bidding .plans and specs; and provide bidding assistance to the City. 2. Office Engineering for Unit 4 Improvements. Engineering services to be provided under this portion of the contract include: project management activities; review of contractor's submittals; consultation services and interpretation of contract documents; change order preparation and review; preparation of an operations and maintenance manual, start-up assistance; and operator training. 3. Construction Management. Services for Units 3, 4 and Collection System Improvements Projects. Engineering services to be provided under this portion of the contract are to include the following: a-3 mM�► ��Illlll�lpi� ►N city of sat, tuffs oeispo WWGA COUNCIL AGENDA REPORT Wastewater Management Plan Implementation March 6, 1990 Page 4 a. Bid and award phase services including contracts award assistance, pre-job conference assistance, and development of a contracts administration manual. b. Construction phase services to include preconstruction conferences to establish administrative procedures, monthly job meetings, detailed project records, monthly progress reports, negotiation of change orders, project accounting, and financial monitoring. C. Provide field inspection services for conformance to plans and specs. d. Cost estimating and construction scheduling. e. Project completion services to include final inspection services, record drawings, final project cost analysis, and project summary. f. Project management services. g. Operations and start-up services. Upon approval of this contract by Council, the Project Manager will grant specific authorization for the major tasks of the contract. ALTERNATIVES: 1. Direct staff to seek Requests For Proposals (RFP's) for the work recommended under this contract from additional firms. This alternative could cause delays in project design and construction which may result in violation of the terms of the consent decree as well as increased project cost due to inflation. It should also be noted that the selection of Brown and Caldwell for development and implementation of the WWMP was based on their ability and track record for providing design and construction management services. 2 . Take no action on this item at this time. This would result in delay of the projects initiation and completion and would have the same negative impacts as stated above. CITIZEN PARTICIPATION: Public hearings were held during the development of the wastewater management plan. In addition an EIR has been written and submitted for public and agency review covering the proposed projects. Council has certified the EIR and the proposed mitigation measures in a public hearing on March 6, 1990. The proposed contract is consistent with the direction and policy of the City as established in the WWMP. �u AMY of San ttAis OBISpo 11111099 COUNCIL AGENDA REPORT Wastewater Management Plan Implementation March 6, 1990 Page 5 CONCURRENCES: This report and the proposed contract has been reviewed by the City Attorney's Office and the Finance Department, and they concur with the findings and recommendations herein. FISCAL IMPACT: The fiscal impact of the contract will .result in encumbrance of funds to Brown and. Caldwell for the described services totaling $3, 290,571. The cost breakdown for each major task of the contract is as follows: Unit 4 Design -------------------------------- $ 933,739 Office Engineering for Unit 4 Improvements---- $ 449, 512 Construction Management Services for Units 3 and 4, and Collection System Improvements----$1,807, 320 Special Engineering Services-------------------S 100.000 TOTAL $3,290,571 The contract amounts are consistent with those estimated and approved in the wastewater management plan. Council approved funding for the treatment plant and collection system improvements, of which this is part, in the 1898-91 Financial Plan. Funding for these projects is referenced on pages D-17 and D-21 of the 1989-91 Financial Plan, Supporting Documentation. The City is currently seeking to obtain State low interest loans for the projects. Upon execution of the loan contract with the State, the City will be eligible for a disbursement from the State for Planning and Design. Construction management and administration are also fundable through State low interest loans. The actual amount funded for Planning, Design, Construction Management, and Administration is based upon the actual Eligible Low Bid Cost of the project. The City should anticipate $1. 5 to 2. 0 million disbursement from the State upon execution of the loan contracts, for planning and design. Additional disbursements for administration and construction will be provided as costs are incurred. city of SJU tins 0131spo - ONGA COUNCIL AGENOiA► REPORT Wastewater Management Plan Implementation March 6, 1990 Page 6 If State loans are not received, then the City would pursue issuing bonds for funding the project. RECOMMENDATION: Adopt resolution approving contract with Brown and Caldwell Engineers to provide engineering services for Unit 4 Wastewater Treatment Plant Improvements Design and Office Engineering Services, and Construction Management Services for Units 3 & 4 and Collection System Improvements Projects; costs not to exceed $3,290,571. Attachments: 1. Draft Resolution 2. Agreement for Engineering Services I - RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF .SAN LUIS OBISPO AND BROWN AND CALDWELL FOR IMPLEMENTATION OF THE WASTEWATER MANAGEMENT PLAN FOR DESIGN AND OFFICE ENGINEERING FOR UNIT 4 TREATMENT PLANT IMPROVEMENTS AND CONSTRUCTION MANAGEMENT SERVICES FOR UNITS 3 & 4 AND COLLECTION SYSTEM IMPROVEMENTS PROJECTS. and WHEREAS , the City has adopted a Wastewater Management Plan; WHEREAS, the Wastewater Management Plan identifies a specific program for it' s implementation; and WHEREAS, Council , on October 11, 1988 selected the "Full Compliance" option for implementation of the WWMP; and WHEREAS, the. City is ready to proceed with the Design of Unit 4 Improvements, and actual construction of Units 3 & 4 , and Collection System Improvements and desires technical assistance in the implementation of these projects; and WHEREAS, the City has previously gone through a consultant selection process and the firm of Brown and Caldwell is determined to be capable and interested in providing assistance. NOW THEREFORE, BE IT RESOLVED the Mayor is authorized to execute the Agreement for Engineering Services between the City of San Luis Obispo and Brown and Caldwell for Implementation of the Wastewater Management Plan for Design and Office Engineering for Unit 4 Treatment Plant Improvements and Construction Management Services for Units 3 & .4 and Collection System Improvements Projects at a cost of $3 , 290, 571 . On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted on this day of 1990 . MAYOR RON DUNIN ATTEST: CITY CLERK PAM VOGES �-7 Resolution No. ( 1990 Series) Wastewater Management Plan Implementation - Page 2 APPROVED: CITY A MINISTRATIVE OFFICER RN FINANCE DIRECTOR UTILITIES DIRECTOR - STEWATER DIVISION MANAGER un4desgn.wp AGREEMENT FOR ENGINEERING SERVICES BETWEEN CITY OF SAN LUIS OBI_ SPO AND BROWN AND CALDWELL FOR DESIGN OF UNIT 4 WASTEWATER TREATMENT PLANT IMPROVEMENTS AND CONSTRUCTION MANAGEMENT SERVICES FOR THE IMPLEMENTATION OF WASTEWATER MANAGEMENT PLAN THIS AGREEMENT, made and entered into on this of ay 1990 , by and between City of San Luis Obispo dor "City" , Hereinafter referred to as "Owner," and Brown and Caldwell , a California corporation , authorized to provide engineering services , hereinafter referred to as "Engineer. " WITNESSETH: WHEREAS , City and Engineer have previously entered into an Agreement on February 23 , 1988 , , for engineering services for implementation of Wastewater Management Plan for the City of San Luis Obispo; and WHEREAS,, Engineer has completed the final design for *!,e construction. 'In; r 3 :-7,y;tcw3ter Treatment Plant Improvements ;- WHEREAS , City has requested Engineer to provide design and office engineering services for Unit 4 Wastewater Treatment Plant Improvements and the Construction Management Services for Implementation of the Wastewater Management Plan , herein:after referred to as the "Project" ; and 1.HEREAS , Engineer has available and offers to provide personnel and .facilities necessary to accomplish the work within the required time; and WHEREAS , Owner and Fngineer have completed negotiation of price based on certified cost data submitted by Engineer , and NOW, THEREFORE , Owner and Engineer agree as follows : �' . ':/aGR: 9920-07AGR Page 1 of 12 I . PROJECT COORDINATION A. City The City Utilities Director shall be the representative of the city for all purposes under this agreement and is designated as the Project Manager for the City. Heshall supervise the progress and execution of this agreement . B . Engineer Engineer shall assign . a Project Director and a Project Manager for this project. Mr. Pervaiz Anwar is hereby designated as the Project Director and Mr. Azee Malik is hereby designated. as the Project Manager for Engineer. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Director or Project Manager for any reason , the Project Director or Project Manager designee shall be subject to the prior written acceptance and approval. of the City ' s Project Manager. II . DUTIES OF ENGINEER A. Description of Project The Project is described in Exhibit A entitled , _ "Descriccien• of i',ri:)ject" . Any changes in the Project as described will be incorporated by written Amendment executed by the City' s Project Manager and Engineer. B . Scope of Engineering Services Engineer agrees to perform those services which are described in detail hereafter . Unless modified in writing by the parties hereto , duties of Engineer shall not be construed to exceed those services specifically set forth herein . I . Design Engineering Services Engineer. agrees to perform those tasks described in Exhibit B-1 entitled , "Scope of Design Engineering Services , " . Compensation for Design Engineering Services shall be as provided in Exhibit C . N/AGR: 9920-07AGR Page 2 of 12 ONO i 2 . Office Engineering Services Engineer agrees to perform Office. Engineering Services described in Exhibit B-2 entitled, "Scope of Office Engineering Services for Unit 4 Improvements , " Compensation for Office Engineering Services shall be as provided in Exhibit C . 3 . Construction Management Services. Engineer agrees to perform Construction Management Services described in Exhibit B-3 entitiled , "Scope of Construction Management Services - for the Implementation of the Wastewater management Plan. Compensation for Construction Management Services shall be as provided in Exhibit C. 4 . Special Engineering Services . Owner and Engineer agree that certain of the work contemplated to be performed by Engineer cannot be defined sufficiently at the time of execution of this Agreement, and that incidental engineering work related to the Project and not covered in Design, Office and Construction Management Services may be needed during performance of this Agreement. Such categories .of work shall be classified as Special Engineering Services . Special Engineering Services shall be authorized by the Project Manager for .the City. C . Relea,:e of Reports and Information . . �_.. Any reports , information, data , or other material given to, or prepared or assembled by , Engineer under this agreement shall be the property of City and shall not be made available to any individual or organization by Engineer without the prior written approval of the City ' s Project Manager. D. Copies of Reports and Information . If. City requests additional copies of reports , drawings , specifications , or any other material in addition to what the Engineer is required to furnish in limited quant.it.ies as part of the services under this agreement , Engineer shall provide such additional copies as are requested , and City shall compensate Engineer for the costs of duplicating of such copies at Engineer's direct expense . Page 3 of 12 ti/AGR:9920-07AGR E . Qualifications of Engineer. Engineer is employed to render a. professional service only , and any payments made to Engineer are compensation solely for such services rendered and recommendations made in carrying out the work . Engineer shall follow the practice, of the engineer profession to make findings, provide opinions , make factual presentations , and provide professional advice and recommendations . In performing construction management services only, Engineer shall act as agent of Owner . Engineer' s review or supervision of work prepared or performed by other individuals or firms employed by Owner shall not relieve those individuals or firms of complete responsibility for the adequacy of their work . It is understood that any resident engineering or inspection provided by Engineer is for the purpose of determining compliance with the technical provisions of Project specifications and does not consistute any form of guarantee or insruance with respect to the performance of a contractor. Engineer does not assume responsibility for methods or appliances used by a contractor, for the safety of construction work , or for compliance by contractors with laws and regulations . Owner shall use its best efforts to assure that the construction contract requires that the contracto ( :3 ) - indemnifyEngineer and construction manager as well as `',•`caner, and that the contractor(s ) name Engineer and const uctcon manager as additional insureds on contractor ' s insurance policies covering Project . III . DUTIES OF CITY City agrees to cooperate with Engineer and to provide treatment plant operation , maintenance , and performance data as requested plus available construction or as-built drawings . . IV. COMPENSATION For the services described in Exhibits B-1 , B-2 and B-3 , which are to be performed by the Engineer , the Owner agrees to pay , and the Engineer agrees to accept , compensation in accordance with the methods. and schedules set forth in Exhibit C . Payment to the Engineer is due upon receipt of invoice by Owner. If payment is not made within 30 days , interest on the unpaid balance will accrue beginning with the N/AGR:9920-07AGR Page 4 of 12 / l 31st day at the rate of 1'.0 percent per month or the maximum interest rate permitted by law, whicheveris lesser. Such interest will become due and payable at the time said overdue payment is made. V. AUTHORIZATION , PROGRESS , AND COMPLETION Specific authorization to proceed with ,work described in Exhibits B-1 , 8-2 and B-3 shall be granted in writing by the Owner within a reasonable time after the effective date of this Agreement . The Engineer shall not proceed with the work without such authorization . The Schedule for the completion of the work is presented in Exhibit D entitled , "Project Schedule. " VI . TEMPORARY SUSPENSION The City's Project. Manager shall have the authority to suspend this agreement wholly or in part , for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Engineer to perform any provision of this agreement . Engineer will be paid the compensation due and payable- to the .date of temporary suspension. VII . SUSPENSioN; TERMINATION A. Right .o Suspend or 'Terminate The City retains the right to terminate this agreement for any reason by notifying Engineer in writing 7 days prior to termination and by paying the compensation due and payable to the date of termination; provided , hcwever, if this agreement is terminated for fault of Engineer, City shall be obligated to compensate Engineer only for that portion of consulting services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Engineer and should they fail to agree , then an independent arbitrator is to be appointed and his decision shall be binding upon the parties . B. Return of Materials Upon such termination , Engineer shall turn over to the City immediately any and all copies of studies , sketches , drawings , computations and other data , whether or not completed , prepared by Engineer , and for which Engineer N/AGR: 9920-07AGR Page 5 of 12 . �-l3 i has received reasonable compensation , or given to �;'' Engineer in connection with this agreement . Such materials shall become the permanent property of City. Engineer , however, shall not be liable for City ' s use of incomplete materials or for City ' s use of complete documents if used for other than the project contemplated by this agreement . VIII . INSPECTION Engineer shall furnish City with every reasonable opportunity for City to ascertain that the services of Engineer are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished , if any , shall be subject to the City Project Manager ' s inspection and approval . The inspection of such work shall not relieve Engineer of any of its obligations to fulfill its agreement as prescribed . IX . OWNERSHIP OF MATERIALS All original drawings, plans , documents and other materials prepared by or in possession of Engineer pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. Engineer may keep file copies of all the documents . � K. INDEPE'J-ENT JUDGMENT - Failure of City to agree with Engineer ' s independent findings , conclusions , or, recommendations , if the same area called for under this agreement , on the basis of difference in matters of judgment shall not be construed as a failure on the part of Engineer to meet the requirements of this agreement. . XI _ ASSIGNMENT: SUBCONTRACTOR ' S EMPLOYEES This agreement is for the performance of professional engineering services of the Engineer and is not assignable by the Engineer without , prior consent of the City in writing . The Engineer may employ other specialists to perform special services as required with prior approval by the City. Page 6 of 12 N/AGR: 9920-07AGR _ II . NOTICE All notices hereunder shall be given in writing and mailed , postage prepaid , by Certified Mail , addressed as follows : To City: _ City Utilities Director City of San Luis Obispo 990 Palm Street P.O . Box 8100 San Luis Obispo, CA 93403-8100 To Engineer: Brown and Caldwell 150 South Arroyo Parkway P .O. Box 7103 Pasadena , CA 91109 (.I . INTEREST OF ENGINEER Engineer covenants that it presently has no interest, and shall not acquire any interest , direct or indirect, financial or otherwise , which would conflict in any manner or degree with the performance of the services hereunder. Engineer further covenants that , in the performance of this agreement, no subcontractor or person having such an interest shall be employed:... "n— ' n!er .certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. * It is expressly agreed that , in tire performance of the services hereunder, Engineer shall at all times he deemed an independent contractor and not an agent or employee of Citv . V. INDEMNITY _Engineer hereby agrees to indemnify and save harmless City, its officers , agents , and employees of and from:. A. Any and all claims and denands which may be made against City, its officers , agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of . Engineer under this agreement or of Engineer employees or agents; B : Any and all damage to or destruction of any property , including the property of City, its officers , agents, or employees , occupied or used by or in, the care , custody , ' Page 7 of 12 .G2: 9920-07AGR �jS or control of Engineer , or in proximity to the site of Engineer' s work, caused by any negligent act or omission of Engineer under this agreement or of Engineer ' s employees or agents ; C . Any and all claims and demands which may be made against City , its officers , agents , or employees by reason of • any injury to or death of or damage suffered or sustained by any employee or agent of Engineer under this agreement , however caused , excepting , however, any such claims and demands which are the result of the negligence or willful misconduct of City , its officers , agents , or employees; D. Any and all claims and demands which may be made against City, its officers , agents , or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus , appliance , or materials furnished by Engineer under this agreement; and E. Any and all penal.t:ies imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit , when said violation of any law or regulation or of any term or condition of any permit is (f-[:'P- to- neg-ligence on the part of the Engineer . Engineer at its own cost , expense , and risk , shall defend any and all suits , actions , or other legal proceedings that may be brought against or for employees on any claim or demand of third persons , or to enforce any penalty , and pay and satisfy any judgment or decree that may be rendered against City, its officers , agents , or employees in any such suit , action or other legal proceeding , whenever indemnification is required pursuant to paragraphs A through E above . XV. WORKERS COMPENSATION Engineer certifies that it is aware of the provisions of the Labor Code of the State of 'California , which requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code , and it certifies that it will comply with such provisions before commending the performance of the work of this agreement . N/AGR: 9920-07AGR Page 8of 12 XVI . INSURANCE , For the duration of this Agreement ,. the Engineer shall maintain the following minimum public liability and property damage insurance which shall protect the Engineer from claims for injuries , including accidental death , as well as from claims for property damage which may arise from the performance of work under .this Agreement. The limit of liability for such insurance shall be as follows : A. Comprehensive general liability insurance , including personal injury liability, blanket contractual liability , and broad form property damage liability. The combined single limit for bodily injury and property damage shall. be not less than $500 ,000. B. Automobile bodily injury and property damage liability insurance covering owned , non-owned , rented , and hired cars . The combined single limit for bodily injury and property damage. shall be not less than $500 ,000 . C . Statutory workers compensation and employers liability insurance for the State of California . The Engineer shall also mai:rtain professional liability insurance covering damages resulting from errors or omissions of the Engineer . The limit of liability shall be not less than $5 ,000 ,000 . The Engineer shall submit to the Owner certificates for each of the policies listed above . Each certificate shall provide that the insurance company give written notice to the Owner at least 30 days prior- to cancellation or any material change in the policy . Certificates for comprehensive general liability and automobile liability policies. shall provide that the Owner is named as an additional. insured. XVII . AGREEMENT BINDING The terms , covenants , and conditions of this agreement shall apply to , and shall bind , the heirs , successors , executors , administrators , assigns , and subcontractors of both parties . Page 9 of 12 N/AGR: 9920-07AGR XVIII. WAIVERS r The waiver of either, party of any breach or violation of any terms, covenant , or condition of this agreement or of any provision , ordinance or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant , condition , ordinance , or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be to be a waiver of any preceding breach or violation by the other party of any term, covenant , or condition of this agreement or of any applicable law or ordinance . XIX. COST AND ATTORNEY' S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney ' s fees expended in connection with such an action from the other party. XX. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race , color, national origin , ancestry, religion or sex of suoh person. If Engineer is found in violation of the non discrimination provisions of the state of California Fair Employment Practices act or similar provisions of federal law or executive order in the performance of .this agreement , it shall thereby be found in material breach of this agreement. There upon , City shall have the power to cancel or suspend this agreement , in whole or in part , or to deduct from the amount payable to Engineer the sum of Twenty-five Dollars ( $25 ) for each person for each calendar day during which such person was discriminated against , as damages for said breach of contract , or both. Only .a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute' evidence of a violation of. contract under his paragraph. If Engineer is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement , Engineer N/AGR: 9920-07AGR Page 10 of 12 1p shall be found in material breach of the agreement. There upon , City shall have the power to cancel or suspend this agreement, in whole or in part , or to deduct from the amount payable to Engineer the sum of Two Hundred Fifty Dollars ( $250 ) for each calendar day during which Engineer is found to have been in such noncompliance as damages for said breach of contract , or both . XXI . AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Engineer and supersedes all prior negotiations , representations , or agreements , either written or oral.. This document may be amended only by written instrument , signed by both City and Engineer. All provisions of this agreement are expressly made conditions . This agreement shall be governed by the laws of the State of California. XXII .. SUBCONTRACTS Engineer, shall be entitled , to the extent determined appropriate by the Engineer, to subcontract any portion of the work to be performed under this Project. Engineer shall negotiate and administer subcontracts in accordance with 40 CFR 33. 29.5. The Engineer Shall be responsible to the Owner for the actions of persons and firms performing ._ubcontract work . The Engineer is authorized by the Owner to subcontract work having a cost which will not exceed 20 percent of the total amount of compensation due under this Agreement . Subcontractors selected as of the date of this Agreement , and the nature of services to be performed by each , is as follows : Staal , Gardner, & Dunne , Inc . Geotechnical Services XXIII . JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of California . Jurisdiction of litigation arising from this Agreement shall be in that N/AGR:9920-07AGR Page 11 of 12 state. If any part of this Agreement is found to be in conflict with applicable laws , such part shall be inoperative , null , and void insofar as it is in conflict with said laws , but the remainder of the Agreement shall be in full force and effect . XXIV. BUSINESS LICENSE The Engineer and all Engineer' s Subconsultant shall have appropriate business licenses in accordance with the City of San Luis Obispo Municipal Code . IN WITNESS WHEREOF , City and Engineer have executed this agreement on the day and year first above written. BROWN AND CA ' DWELL CITY OF SAN LUIS OBISPO By 11i rervaBy iz Anwar Ron Dunin , Mayor Regional vice ' President ATTEST: City Clerk - APPROVED:, City Attorney N'1/AGR: 9920-07AGR page 12 of 12 EXHIBIT A DESCRIPTION OF PROJECT The City of San Luis obispo collects and treats wastewater from business , agencies , and about 41 ,000 residents within the City , and from Cal Poly and the County Airport. The City' s wastewater treatment plant is a' secondary treatment plant using trickling filters and ponds for biological treatment . The plant effluent is discharged to San Luis obispo Creek , which has very low natural flows during the dry season. It is also an important creek for steelhead spawning , and the discharge requirements set by the California Regional water Quality Control Board , Central . Coast. Region (Regional Board ) , specify a stringent ammonia-nitrogen l.imit to avoid toxicity . effects on steel head . The treatment plant has been consistently unable to meet effluent requirements for ammonia-nitrogen and for 5-day biochemical oxygen demand ( BODS ) . It has periodically exceeded limits for other constituents such as suspended solids , oil and grease, and coliform organisms . The plant also cannot consistently meet receiving water requirements for several constituents , particularly turbidity, color, MBAS , and temperature . In addition , the treatment plana_, has several hydraulic limitations . The design average. dry-weathPr flow is approximately 5 Mcd., The wet-weather flow capacity of s >aral procerses--including the influent pumping station , grit removal facility , primary clarifiers , and effluent pipeline--is about 10 mgd . A flow equali- zation basin was constructed recently but is inadequate to accommodate the large infiltration/inflow into the system during storms. To satisfy effluent discharge requirements and to handle peak wet weather flow, Brown and Caldwellhas prepared , under a previous agreement between the City and Engineer , contract documents for the construction of Unit 3 Improvements . But even with these improvements , it was recognized that certain receiving water quality criteria might not be met consistently. These include color , temperature , turbidity and MBAS . Therefore , in order to assure full compliance (meeting effluent and 'receiving water requirements) , the City directed under the previous agreement , to conduct a pilot Exhibit A February 14 , 1990 N/AGR:9920-07A Page 1 of 3 i -02 testing program to assess the effectiveness of the activated sludge process ( proposed in Unit 3 Improvements ) and other follow-on process units (cooling towers , granular filters , carbon adsorption columns ) that may be needed to meet receiving water requirements . As a result of the pilot testing program , Brown and Caldwell recommended the design and construction of Unit 4 improvements for effluent polishing and water reclamation . Also under the previous agreement , Brown and Caldwell completed a preliminary design report for the wastewater collection system improvements . This report recommends installation of 7 . 3 miles of relief sewer and replacement improvement sewers , which will increase the present hydraulic capacity of the collection system to about 32 mgd . Based on the preliminary design , the City engineering staff is preparing contract documents for the installation of about three miles of sewers during Phase I of the Sewer main improvements . The City plans to carry out phased changes to the wastewater treatment plant and collection system. This project for the imple- mentation of the Wastewater Management Plan consists of three elements : Sewer Main Improvements--Phase I ; Unit 3 Wastewater Treatment Plant Improvements ; and Unit 4 Wastewater Treatment Plant Improvements . 1 . SEWER MAIN IMPROVEhiENTS--PHASE 1 ' About 150 miles of sewer mains , ranging from six to 30 inches in diameter , collect waste ✓,zter flows , The oldest pipes date back to the 1890s , when pipe materials were less able to withstand the effects of corrosion and .L sattlam"1t . Despite the City 's efforts to repair and replace )Iden pipes , water from rainfall and saturated ground enters the collection system and significantly increases the amount of wastewater which must be transported and treated at the wastewater treatment plant . During Phase 1 of the sewer main improvements, about three miles of sewer lines will be constructed in place of or parallel to the existing lines , to better contain storm inflow and avoid overflow of sewage at manholes . The contract documents for these improvements will be prepared solely by the City. Exhibit A February 14 , 1990 N/ASR: 9920-07A Page 2 of 3 �' Ao n 2 . UNIT 3 WASTEWATER TREATMENT PLANTIMPROVEMENTS 1 Unit 3 improvements are intended . to meet wastewater discharge requirements and to better handle peak winter storm-related flows . The Unit 3 Wastewater Treatment Plant Improvements Project includes construction of modifications to the existing headworks and equalization pond control structure, construction of new aerated grit. removal tanks and associated equipment , addition of new primary sludge pumps , addition of new biofilter 1 and 2 recirculation pumps , construction of new aeration blowers and aeration tanks , construction of new final clarifiers , construction of final clarifier sludge and scum pumping stations , construction of 3W water system, construction of new switchgear building and new MCC buildings , construction of new sludge drying beds , a new supernatant lagoon, construction of a new dissolved air flotation thickener and associated equipment , outside Piping , electrical work , instrumentation work , paving and grading, landscaping , plant wide tegting and commissioning, and all work necessary for a complete and operable wastewater treatment plant. The contract documents for Unit 3 improvements were completed under the previous agreement between the City and. Engineer. 3 . UNIT 4 WASTEWATER TREATMENT PLANT IMPROVEMENTS Unit 4 improvements are intended to meet receiving water requirements , such as . temperate.+re , color , turbidity and MBAS. - The Unit s :lastewate- Treatment Plant Improvements Project includes construction of modifications to the existing effluent ponds , addition of new cooling towers and associated equipment , construction of new filter building , addition of new chlorine gas and sulfur dioxide gas scrubbing systems , construction of modifications to the existing control house , addition of ferrous chloride storage and feed system, outside piping , electrical work , instrumentation work , paving and grading , landscaping , plant testing an commissioning, and all work necessary for acomplete and operable treatment facilities . The contract documents for Unit 4 Improvements will be prepared under this Agreement . Exhibit A February 14 , 1990 N/AGR: 9920-07A Page 3 of 3 1 C EXHIBIT B-1 SCOPE OF DESIGN ENGINEERING SERVICES Design Engineering Services to be performed under this Agreement comprise and are -limited to those specifically set forth in this exhibit . These services are related to the Unit 4 Improve- ments only as described in Exhibit A. If, during the course of performing the design services , City and Engineer find that additional tasks are required of the Engineer, such tasks will be performed as Special Engineering Services . 1 .0 Project ._. Management . Administer- the project -- a continuous function during design of the Unit 4 improvements . Maintain liaison with the City of San Luis Obispo. Attend and represent Brown and Caldwell at monthly meetings with City 's staff. Provide City with periodic review materials for critique during the monthly meetings . Encourage the City's staff , especially the plant operators , to provide their input on the design of various components of the plant facilities . Prupare -vnthly progress reports for submittal to the �ity. Maintain budget and time control . 1 . 1 Prepare Project Management Plan. Define each task to be conducted , including sequencing , budget allocation and establishing milestone. Establish project responsibili- ties , staffing projections , project coordination require- ments , and schedule of all meetings with the City staff . Exhibit B-1 February 14 , 1990 N/AGR: 9920-07B-1 Page 1 of S 0��7 i 1 . 2 Coordinate State Revolving Fund Financing . Coordinate submittals to SWRCB for consideration of State revolving fund financing for ' this project . It is assumed that the submittals would comprise of periodic progress drawings and specifications for the Unit 4 design. 2 . 1 Conduct "kick-off" meeting. Conduct a "kick-off" meeting with the City ' s engineering and operational staff at the start of the predesign studies . Collect available information necessary for the design of the project. The information to be obtained will include: o Available topographic and geotechnical information. o As-built drawings 2,. 2 Conduct .a brainstorming session . Conduct a "brainstorming session" with Brown and Caldwell project advisor and City ' s staff to discuss improvements to the Wastewater Treatment Plant. 2 . 3 Prepare geotechnical report . Perform geotechnical investigations at theproposed facilities location. It is assumed that a maximum of 4 drill holes will be required., The depth of the drill holes- will be: 1 hole to 40-foot depth 3 hole to 25-foot depth Prepare a geotechnical report . report will provide all geotechnical data necessary for the design of the proposed facilities . Specifically the following information will be presented: o Piezometric data for groundwater table. o Moisture density test data . o Grain size data o- Seismic analysis ( liquefaction potential of soils ) . Exhibit B-1. February 14 , 1990. N/AGR: 9920-07B-1 Page 2 of 5 �S 2 . 4 10-percent design review. Conduct design review at 10 percent design complet-ion level with Brown and Caldwell Review Board and the City engineering and operations staff . Make formal presentation to the City council if requested . 2 . 5 Prepare plans and specifications for bidding purposes . Design new facilities as recommended in the Sari Luis Obispo Wastewater Pilot Study Report for meeting receiving water requirements . Detailed design will include design of the following facilities/structures : o Equalization Basin Modifications o Cooling Towers o Filter Influent Pumping Station Filter Building o Chlorine Gas Scrubbing Sy-tem 0 Sulfur Dioxide Scrubbing. System o MCC Building o Emergency Generator-', 0 Ferrous Chloride feed and storage system for hydrogen sulfide control in the sludge gas . o Modifications t0- the existingcontrol house. to increase the laboratory area and to provide additional office space . The design of the above facilities will include architec- tural , civil , structural , mechanical , electrical , and in- strumentation disciplines . Architectural design will include basic building layouts , selection of building ' materials , and interior and ex- terior treatment of the buildings . Exhibit B-1 February 14 , 1990 N/AGR:9920-07B-1 Page 3 of 5 W Civil design will include site layouts , computation of survey control data and paving , grading, landscaping , drainage , outside ._ piping, and other civil engineering items for the project . Structural design will include design of foundations , buildings , process structures , piping supports , hand- rails , repair and modifications to existing structures , and miscellaneous special construction. Mechanical design. will include final selection of mechan- ical equipment , arrangement of equipment and piping, and process schematics showing related controls , piping , and power features. . Mechanical design also includes modifi- cations to existing equipment and piping , where necessary for the work on this project. Electrical design will include service analysis of power utility service, determination of power requirements , de- sign of electrical distribution system, motor control centers , lighting and circuit diagrams and electric motors and switchgear. Instrumentation designwill include an evaluation of specific control systems for various processes and systems sp,:�ci_led. Un;ier this task , control panels will be designed, control Systems configured and display components selected. 3 . 3 Design reviews . Conduct design reviews with in-house Design Review Board at 40 and 70-percent design completion 'Levels . invite City staff to these design reviews. Incorporate review comments in design documents . . 3 . 4 Prepare project schedule. Prepare design and construction schedule updates to the schedule presented as part of the 10 percent design documents . The schedule updates will be at 40 70 and 90-percent completion levels. Exhibit B-1 February 14 , 1990 Page 4 of 5 �' N/A6R: 9920-07B-1 3 . 5 Prepare estimates of probable construction costs . Develop estimates of probable construction costs for the project at 10 percent design completion level and updates this estimate at 40- and 90-percent completion level . Present these cost estimates categorized by major project components . During the early design phase , develop the estimates of project components from historical data of similar projects adjusted for unique aspects of this project . Prepare later phase estimates of more fully designed components from unit costs in a Construction Specifications Institute (CSI ) format. 3 .8 Prepare bidding plans and s ecifications : Coordinate preparation of plans and specifications for bidding purposes. Prepare one reproducible copy of plans and one camera ready set of specifications for City 's use in preparing bid documents . 4 . 1 Provide. bidding assistance . Provide assistance to the City during the bidding of the proposed project . The sl-rvices under this task will include the following : o Attend a p.re-bid conference and respond to questions during the bid period . Prs;.=re all addenda to the contract dccurr.- o Assist the City in evaluations of bids and in selection of construction contractor. Exhi-bit 6-1 February 14 , 1990 N/AGR: 9920-07B-1 Page 5 of 5 EXHIBIT B-2 SCOPE OF OFFICE ENGINEERING SERVICES Office Engineering Services to be performed under this Agreement comprise and are limited to those specifically set forth in this exhibit . These services are related to the construction of t Unit 4 Wastewater Treatment PlanImprovements only , as described in Exhibit A. For estimation of labor effort- and cost , it is assumed that the construction of. Unit 4 improvements willbe in accordance with the Project Schedule as provided in Exhibit D. Any changes to this schedule will likely impact the labor efforts and costs . Such changes will be reviewed at the time they occur and labor effort and costs reflecting the impact of these changes will be negotiated as warranted . If during the course of performing the Office Engineering Services , City and Engineer find that additional tasks .are required for the Engineer, such tasks will be performed as Special Engineering Services . 1 .0 Project_ Management . Project management under this task includes project planning , assignment and supervising of engineers , staff , establishment and monitoring project schedule and budget , maintain liason with enchneer',s construction manager and city.' s- staff. 1 . 1 Review of Submittals . Review contractor ' s submittal to assure compliance with the contract documents . 1 ..2 Consultation During Construction . Provide interpre- tation of contract documents . 1 . 3 Site Visits . Make visits to the construction site to assist the construction manager in monitoring of the construction program. It is assumed that twelve trips to the site will be made during the construction of the proposed project . 1 .4 Change Order Preparation and Review. Provide assistance to the City in the preparation and review of change orders . This will include developing cost estimates for the changes as well as evaluating contractor supplied costs , for' the proposed changes . Exhibit B-2 February 14 , 1990 V/AGR:9920-07II-2 Page 1 of 2. I 1 1 . 5Pre a _ p re Operations and Maintenance Manual . - Update operation and maintenance (0&M) :manual currently in use by the City' s plant personnel . Incorporate changes resulting from additions to or modifications of existing treatment facilities . 1 .6 Prepare Start-Lip Procedures . Prepare start-up procedures for the modified treatment facilities . Start-up procedures to include' system flushing , inspections , testing and any other additional manufacturer requirement necessary to place the equipment and systems in full operation. 1 .7 . Start-up Assistance . Provide start-up assistance to the City . Conduct up to three pre-start-up meetings with contractor , construction manager and plant personnel . Coordinate and oversee the final testing . 1 .8 Provide Operator Traininq . Prepare training procedures . Coordinate contractor and equipment suppliers for contract-related training by the equipment suppliers . Conduct start-up, operations , shutdown , maintenance. and on-site f.ie.ld training . 1 . 9 Prepare Unit 3 Record Drawings . Prepare record - drawings based on drawing mark=ups developed by the contractor during the construction phase . As-built information will be transferred to original drawings (mylars) and a complete set will be submitted to the City. 1 . 10 Prepare Unit 4 Record Drawings . Prepare record drawings based on drawing mark=ups developed by the contractor during the construction phase. As-built information •will be transferred to original drawings (mylars ) and a complete set will be submitted to the City. .Exhibit B-2 February 14 , 1990 N/AGR: 9920-07B-2 Page 2 of 2 �-3a i ^` EXHIBIT B-3 SCOPE OF CONSTRUCTION MANAGEMENT SERVICES Construction Management Services to be performed under this Agreement comprise and are limited to those specifically set forth in this Exhibit . These services are related to the construction of the following three projects : - 1 ) Unit 3 Wastewater Treatment Plant Improvements , 2 ) Unit 4 Wastewater Treatment Plant Improvements , and 3 ) Sewer Main Improvement--Phase I . For estimation of labor effort and costs , it is assumed that the construction of these. projects will be in accordance with the Project Schedule as provided in Exhibit D. Any changes to this schedule will likely impact the labor efforts and costs . Such changes will be reviewed at the time they .occur and the labor effort and costs reflecting the impact of these changes will be negotiated , as warranted.. If, during the course of performing the construction management Services , City -and Engineer find that additional tasks are required of the Engineer ; such tasks will be performed as Special Engineering Services . 1 .0 Bidand Award Phase Services . Provide the following servi.ras during the bid and award phase , beginning with bid advertisement and continuing throulh -- �cr.struction contract award of each project. o Monitor the bidding process for bidder interest and participation . Advise the City and design team on ,scheduling of bid phase activities including prebid conference , issuance of addenda by design team , and receipt of bids . Consult with and provide comments to deign team to include in addenda . o Assist the City and design team to schedule and conduct a prebid conference for each project . At prebid conference , provide a tour of the site to bidders . Identify and clarify bidder ' s questions so that design team may answer them by addendum . o Assist the City and design team to receive and open bids for each project following established procedure . Consult with deign team on recommen- dation to City on contract award . Exhibit B-3 February 14 , 1990 N/AGR:9920-07B-3 Page 1 of 4 a o Develop a Contracts Administration manual ( CAM ) to - establish procedures for administration of the construction contracts . Obtain comments by design team and the City on this manual . o Assist the City to award construction contracts . Actions will include assistance in receiving the required contractor documents , issuing notice of award , executing the construction agreement with the successful Contractor , and issuing notice to proceed for the construction of each project . 2 .0 Construction Phase Services . Provide the following construction contract administration services for each project ." o Conduct a preconstruction conference to establish administrative procedures and implement a short= term schedule of activities for project mobili- zation . Distribute the CAM to the appropriate parties . Prepare and distribute minutes to all attendees. o Establish ,-chair , take minutes , and- monitor the follow-up of monthly job meetings. - o Maintain detailed records of the project: including daily logs , inspection reports , photos , measurements of quantities , schedules , and correspondence . o Prepare and submit to the City a ronthly progress report . Any significant variances between planned and actual results will receive appropriate attention and corrective action will be recommended . o Represent the City' s interest in negotiation of change orders . Obtain scope documentation from and consult with design team on proposed changes . o Maintain a project accounting to record and track actual versus planned projections of construction cost to report cost status to City. Exhibit B-3 February 14 , 1990 N/AGR:9920-07B-3 Page 2 of 4 �-3a i �• o Plan and monitor cash flow to assist City. Provide monthly cash flow projection of Contractor, construction management , and design cost to assist in short-term investment planning . o Make quarterly presentations to the City Council and explain the state of each project . Significant construction problems , change orders and potential claims would be discussed in detail . o Coordinate and supervise the work of subconsultants . 3 .0 Provide Field Inspection for Conformance to Plans and _Specifications . Provide construction inspection for each project to monitor conformance of the contrac- tor's work with contract documents and to report construction deficiencies to the Contractor and to the City. work with the Contractor to take appropriate corrective actions. whenever there is a question of design intent requiring interpretation of the plans and specifications , obtain the design team's interpretation . 4 .0 Esti_. Estimate the added or reduced cost of changes during construction to be used in negotiation of change orders to each contract . 5 .0 Scheduling . Review and approve the contractor ' s construction schedule , submittals , updates , and revisions in accordance with the contract documents for each project . Involve design team in initial schedule review. Evaluate monthly progress payment requests and recommend payment to the contractor based upon the construction manager ' s judgment of the value of work completed during the payment period and the requirements of the contract . Evaluate the impact of change orders on the construction schedule to recommend eligible time extensions . 6 .0 Project Completion . Schedule and conduct substantial completion inspections , issue punch lists , review compliance , and recommend acceptance by the City for each project . Assist in negotiation of unsettled changes or disputes . When all final punch list items have been completed or resolved , recommend to the City final acceptance . Prepare a certificate of completion Exhibit 3-3 February 14 , 1990 � l N/AGR: 9920-07B-3 Page 3 of 4 �3�, for all contracts . Obtain from the Contractors all bonds , guarantees, operation and maintenance manuals , and record drawings and deliver to the City . Review the marked-up set of record documents maintained by each Contractor. At project completion , deliver these documents to the design team for drafting of the final record documents . Prepare a final project report for each project including : a . Total project cost analysis . b . Project progress analysis of planned and actual milestones . C. Summary of contract startup, close out, and acceptance including the final resolution of claims or disputed work . 7 .0 Project Management. Provide project management services for the construction of each project . Assemble project team and make assignments . Establish and monitor time schedule , manpower loading, and budget for the project . Supervise project team and review the work derformed .- Obtain the services of specialty subconsu1tantsr laboratory testing , surveying , and soils engineering • Maintain communications with the City. Assist the City with contract administration and amendments . Prepare and submit monthly invoices. 3 .0 Operations and Start-up Services . Review and comment on Contractor's Outage and Start-up Plan . Monitor activities of manufacturer ' s training while on-site . Provide on-site assistance during initial test , operational test and commissioning phases of each project . Coordinate equipment and systems start-up ; testing and commissioning , and plant personnel training activities . Exhibit B-3 February 14 , 1990 Page 4 of 4 N/AGR:9920-076-3 I 1 1 EXHIBIT C COMPENSATION Compensation for services provided under Article IIB , "Scope of Engineering Services , " shall be in accordance with the method described in this Exhibit and the specific amounts shown on the attached schedule , or as may be later mutually agreed to. I . COST REIMBURSEMENT Compensation for each authorized cost reimbursement task shall be the sum of the cost reimbursement. portion and the fixed professional fee for each task listed on the compensation schedule included herein , subject to such later mutually accepted modifications in writing as may be allowed herein.. The cost reimbursement portion of the compensation shall be the sum of direct labor charges , indirect costs , and other direct costs , as herein defined . The cost reimbursement for each designated engineering service shali not exceed the cost ceiling Listed in the compensation schedule without formally amending this Agreement . 1 . Direct Lahor Charges : Direct labor charges shall be the total number'-ac' - 'hours wor&ed on the job by each employee times each employee ' s hourly salary rate . Direct labor charges shall not include any distribution of profits . 2 . Indirect Costs . Indirect costs shall be the product of all direct labor charges multiplied by an overhead rate. of 1 .85 . 3 . Other Direct Costs . Other direct costs shall be billed at cost and shall include the following : a. Services directly applicable to the work , such as special legal and accounting expenses computer rental and programming costs ; special consultants ; borings ; laboratory charges ; commercial printing and binding ; and similar costs that are not applicable to general overhead . Exhibit C February 14 , 1990 N/AGR:9920-07C Page 1 of 4 b . Identifiable reproduction costs applicable to the work , such as printing of drawings , photostating , multilithing , printing , and similar costs . C . Identifiable communication expenses , such as long-distance telephone , telecopying , telegraph , cable , express charges , and postage other than for general correspondence. d . Living and traveling expenses of employees when away from home office on business connected with work . e . Automobile expenses at Engineer' s current- mileage rate . f . Subcontracted services . 4 . Fixed Professional Fee . Fixed professional fee for engineering services shall be the. amount listed in the attached schedule for each authorized task . The fixed fee shall not be modified unless there is a change in scope of work. 5 . Limitation of Cost and Time . It is estimated that the total :Qst ceilings for Design , office , and Constr;,c.tion Manage,aent Engineering Services given in Sectiet; II of this Exhibit and the time for completion given in this Agreement will not be exceeded . The Engineer agrees to use his best efforts to perform the work specified in Exhibits B-1 , B-2 and B-3 within the estimated cost and time of completion . If , at any time , the Engineer has reason to believe that the total costor time for the performance of work under this Agreement will be greater or substantially less than the estimated ceiling cost or estimated time of completion given in this Agreement , the Engineer shall immediately notify the Owner in writing . Exhibit C February 14, 1990 Page 2 of 4 N/AGR: 9920-07C. �-3G II . COMPENSATION SCHEDULE For each task authorized under this Agreement , shall be in accordance witcompensation h the applicable. portions of this Agreement and the following schedule : 1 . DESIGN ENGINEERING SERVICES ( PER EXHIBIT B-1 ) Compensation for the Design Engineering Services (Article IIB . 1 ) shall be as follows: Cost ceiling $813 ,848 Fixed Professional fee $119 ,891 Professional fee payable per billin Proportional to the g period work completed . 2. OFFICE ENGINEERING SERVICES ( PER EXHIBIT B-2 ) Compensation for the Office Engineering Services (Article IIB. 2 ) shal.l be as follows : Cost Ceiling $394 ,338 .nixed Professional Fee $ 55 ,174 Professional Fee Payable Proportional to the work completed . I . CONSTRUCTION MANAGEMENT SERVICES ( PER EXHIBIT B-3 ) 'compensation for the Construction Management Services (Article IIB. 3 ) shall be as follows : Cost. Ceiling $1 ,590 ,700 Fixed Professional Fee $ 216 ,620 Professional Fee Payable . Proportional to the per Billing Period work completed . 4 . SPECIAL ENGINEERING SERVICES Compensation for special engineering services (Article IIB. 3 ) shall be agreed to at the time of authorization . An allowance of $100 ,000 shall be established for such 'special engineering, services as may be authorized by the City in accordance with Article IIB . 3 . This allowance shall not be increased without an amendment to this Agreement . Exhibit C February 14 , 1990 N/AGR: 9920-07C Page 3 of 4 U J31 III . INVOICES Charges for reimbursable costs determined in accordance with this Exhibit shall be billed to the Owner in summary form at four-week intervals . Invoices shall present the sum of all direct labor , indirect costs , and other direct costs incurred during the billing period plus a percentage of the fixed professional fee . Direct labor charges will be summarized as total. hours and total cost for professional , technical , and clerical personnel categories . The amount of fixed professional fee due for the billing period will be based upon estimated level of project completion. Exhibit C February 14 , 1990 --� v;/ACE; 9920-07C Page 4 of 4 �-3 i I Exhibit D - Project Schedule ACTIVITY YEARS 1990 1991 .1992 COMPLETE UNIT4 DESIGN i. z INCORPORATE COMMENTS a 4 ON CONTRACT DOCUMENT COMPLETE UNIT 3 e CONSTRUCTION 6 COMPLETE UNIT 4 - e CONSTRUCTION 6 COMPLETE SEWER MAIN s 6 IMPROVEMENTS-PHASE 1 I. QStart Unit 4 Design Q Incorporate Review Comments eComplete Design ®Start Construction ©Submit Documents for City, ©Complete Construction RWQCB. and SWRC8 Review �-35