Resolution No. 8598r
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RESOLUTION NO. 8598
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND TETRA TECH,
INC. FOR THE MALBURG GENERATING STATION PROJECT
WHEREAS, the City of Vernon ("City") is constructing a 134
MW Combined Cycle Power Plant, the Malburg Generating Station (the
"Malburg Project"), for the purpose of installing additional
generating capacity that will yield an efficient, cost-effective, and
reliable source of electric generation to the City's inhabitants; and
WHEREAS, on July 16, 2003, the City Council of the City of
Vernon adopted Resolution No. 8252 with the intention of expediting the
purchase of supplies and services for the Malburg Project; and
WHEREAS, the City has constructed an extension to the
existing recycled water pipeline through a portion of the City to the
Malburg Project ("Pipeline Project"); and
WHEREAS, the City has determined that it needs the services
of an engineering firm to assist the City in obtaining approval for
recycled water usage at the Malburg Project from all the appropriate
agencies in conformance with state and local requirements; and
WHEREAS, Tetra Tech, Inc. submitted a proposal dated
October 25, 2004, to develop and prepare an Industrial Engineering
Report for submission to appropriate agencies for approval of recycled
water usage at the Malburg Project; (b) to assist the City in
(conducting a final cross connection test; (c) to develop and prepare an
Amended Engineering Report incorporating the Malburg Project as a
recycled water use site in the National Pollutant Discharge
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Elimination System permit for Los Coyotes Water Reclamation Plant; (d)
to assist the City with the initial startup and testing of the retrofit
connections once recycled water is available; and (e) to conduct a
training course for Malburg Project staff respecting recycled water
regulations (hereinafter collectively referred to as the "Recycled
Water Approval Project"); and
WHEREAS, the City utilized the services of Tetra Tech for the
Pipeline Project; and
WHEREAS, the City has determined that Tetra Tech possesses
the technical knowledge and expertise to perform the engineering
services necessary for the Recycled Water Approval Project; and
WHEREAS, on November 17, 2004, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated November 10, 2004, that an agreement with Tetra Tech,
Inc. be approved and executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Tetra Tech.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
11finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Professional Consulting Services with Tetra
Tech, Inc., in substantially the same form as the copy which is
attached hereto as Exhibit A and incorporated by reference.
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1 SECTION 3: The City Council of the City of Vernon hereby
2 authorizes the Mayor and the City Clerk to execute said Agreement for,
3 and on behalf of, the City of Vernon.
4 SECTION 4: The City Council of the City of Vernon hereby
5 directs the City Clerk, or his designee, to send one fully executed
6 Agreement to:
7 Tetra Tech, Inc.
Attn. John Robinson, Senior Project Manager
8 3475 East Foothill Blvd., Suite 300
9 Pasadena, CA 91107
10 SECTION 5: The City Clerk of the City of Vernon shall
11 certify to the passage of this resolution, and thereupon and
12 thereafter the same shall be in full force and effect.
13 APPROVED AND ADOPTED this 17th day of November, 2004.
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EONIS C. MALBU�RG, Ma or
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17 ATTEST:
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20 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8598, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
November 17, 2004, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as
the original hereof for all purposes, as of this 17th day of November,
2004, in the City of Vernon, California
IBY AND BETWEEN
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THE CITY OF VERNON, (hereinafter
referred to as "the City")
4305 Santa Fe Avenue
Vernon, California 90058
TETRA TECH, INC. (hereinafter
referred to as "Consultant")
3475 East Foothill Blvd., Ste. 300
Pasadena, California 91107
RECITALS
WHEREAS, the City is constructing the Malburg Generating
Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of
Vernon (the "Malburg Project") for purposes of installing additional
generating capacity; and
WHEREAS, the City has constructed an extension to the
existing recycled water pipeline through a portion of the City to the
MGS located north of 50th Street between Seville Avenue and Soto Street
(hereinafter referred to as the "Recycled Water Pipeline Extension
Project"); and
WHEREAS, the City has determined that it is in the best
interest of the Malburg Project that the City retain the services of a
firm to assist the City in obtaining approval for recycled water usage
at the Malburg Project from all the appropriate agencies in conformance
with state and local requirements; and (collectively, the "Professional
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IlEngineering Services") for the benefit of the Malburg Project; and
WHEREAS, the City utilized the services of Consultant for the
Recycled Water Pipeline Extension Project; and
WHEREAS, the City desires to retain Consultant for
Professional Engineering Services (a) to develop and prepare an
Industrial Engineering Report for submission to appropriate agencies
for approval of recycled water usage at the MGS; (b) to assist the City
in conducting a final cross connection test; (c) to develop and prepare
an Amended Engineering Report incorporating the MGS as a recycled water
use site in the National Pollutant Discharge Elimination System permit
for Los Coyotes Water Reclamation Plant; (d) to assist the City with
the initial startup and testing of the retrofit connections once
recycled water is available; and (e) to conduct a training course for
MGS staff respecting recycled water regulations (hereinafter
collectively referred to as the "Recycled Water Approval Project"); and
WHEREAS, Consultant submitted a proposal to the City dated
October 25, 2004, for the Recycled Water Approval Project (hereinafter
referred to as the "Proposal"), a copy of which is attached hereto as
Exhibit A and incorporated by reference, which includes a description
and cost for the proposed services; and
WHEREAS, Consultant represents that it is qualified and
capable of furnishing the labor, materials and expertise to perform the
Professional Engineering Services for the Recycled Water Approval
Project and that the City requires, as set forth in this Agreement for
Professional Consulting Services (hereinafter referred to as "the
Agreement") and is willing to do so on the terms and conditions set
forth below; and
WHEREAS, the City desires to retain Consultant for the
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1 services hereinafter described.
2 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
3 FORTH HEREIN:
4 I. SCOPE OF SERVICES.
5 Consultant shall perform the Professional Engineering
6 Services outlined in the Proposal attached as Exhibit A. Consultant
7 shall provide said services at the time, place, and in the manner
8 specified in the Proposal, subject to the direction of the City,
9 through its staff, as may be provided from time to time. Such services
10 shall include, but not be limited to, the following:
11 (1) Task 1: Review Existing Information;
12 (2) Task 2: Retrofit Management and Coordination;
13 (3) Task 3: Industrial Engineering Report;
14 (4) Task 4: Cross Connection Testing;
15 (5) Task 5: Amended Engineering Report; and
16 (6) Task 6: Training and Start up Assistance
17 It is understood and agreed that in the event of a conflict
18 between the Proposal and this Agreement, the terms of this Agreement
19 shall prevail.
20 Consultant agrees that all services provided will be
21 conducted by the principal and, if staff members or subcontractors are
22 used, their work will be under the supervision of the principal.
23 Consultant shall undertake and carry on the work diligently to
24 conclusion, using that standard of care, skill, and diligence normally
25 provided by professional person in the performance of such services.
26 II. PROGRESS REPORTS.
27 Consultant shall submit written progress reports at least
28 once a month until the work herein is completed. Consultant shall meet
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with City staff, upon City's request, or as needed, in order to provide
reports or information concerning the services being performed by
Consultant under this Agreement.
III. TIME OF PERFORMANCE.
Consultant's services herewith shall commence upon signing of
this Agreement and shall be completed according to the schedule set
forth in the Proposal, unless otherwise terminated or extended.
IV. COMPENSATION.
1. Services. The City shall compensate Consultant
for actual effort expended on a time -and -materials basis according to
"Table 1-Estimated Level of Hours" and the "Hourly Charge Rate and
Expense Reimbursement Schedule" attached as an exhibit to the Proposal,'
The total compensation shall not exceed Thirty -Seven Thousand Five
Hundred Forty Dollars and No Cents ($37,540.00).
2. Expenses. Expenses identified in the Proposal may
only be billed in accordance with the terms set forth in the Proposal.
Any other expenses not identified in the Agreement may only be billed
if advance written approval has been obtained from the City
Administrator.
V. METHOD OF PAYMENT.
Within thirty (30) days after the last day of any month in
which services have been performed or costs incurred hereunder,
Consultant shall submit an invoice to the City stating the amount due
Consultant. The invoice shall also contain an itemization of services
rendered, directly related job expenses and subcontract charges
incurred by Consultant for which compensation is due (i.e., the
services performed, the date the services were performed, the number of
hours spent and by whom), directly related job expenses and charges.
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IlPayment of the invoice shall be made after acceptance and approval by
the City within thirty (30) days.
In the event that Consultant is allowed to use
subcontractors, Consultant shall be responsible for paying any sub-
contractors used in the performance of this Agreement. Subcontractors
shall not bill City directly.
VI. CHANGES AND EXTRA SERVICES.
The City reserves the right to request changes in or
additions to the services to be performed by Consultant. All such
changes shall be incorporated in written change orders executed by the
City and Consultant that shall specify the changes ordered and the
parties shall mutually negotiate an adjustment of compensation and
completion time if required.
Any services added to the scope of this Agreement by a change
order shall be executed under all applicable conditions of this
Agreement. Consultant should be paid according to the Hourly Charge
Rate and Expense Reimbursement Schedule in Exhibit "B." No claim for
additional compensation for services or extension of time shall be
recognized unless contained in a duly executed change order.
VII. PRODUCTS OF CONSULTING.
1. All reports, plans, studies, maps, drawings,
photographs, documents and other writings prepared by and for
Consultant, its officers, employees, agents and subcontractors in the
course of implementing this Agreement, except working notes and
internal documents, shall become the property of the City upon payment
to Consultant for such work, and the City shall have the sole right to
use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's
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expense, provide such reports, plans, studies, maps, drawings,
photographs, documents and other writings to City upon written request.
All drawings shall be in Autocad 2000 or higher. All design documents
shall be in Microsoft Word format.
2. Maps, drawings and photographs produced by the
Consultant shall conform to the best standards of that profession.
Information shall be organized in a logical and systematic manner.
Drawings shall contain as much information on a single drawing as can
be done without impairing clarity and quality.
3. City has relied upon the professional training a
ability of Consultant to perform the services hereunder as a material
inducement to enter into this Agreement. Consultant shall therefore
provide properly skilled professional and technical personnel to
perform all services under this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to
be expected of competent professionals in Consultant's field of
expertise.
4. Consultant shall minimize changes to its key
project personnel. The City shall have the right to request key
project personnel changes and to review and approve key project
personnel changes proposed by the Consultant.
VIII. CONFIDENTIAL INFORMATION.
1. Access to Confidential Information. The City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning the City, or
businesses located in the City. The information may include company
information, taxes, sales, value of assets, or other such information.
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JjAll such information shall be known as "Confidential Information" and
may not be used to circumvent the responsibility of either party to
this Agreement.
2. No Disclosure. Except as expressly permitted,
Consultant and/or its subcontractors shall not disclose, permit the
disclosure of, release, disseminate, or transfer, whether orally or by
any other means, any part of such Confidential Information to any other
person or entity, whether corporate, governmental, or individual,
without the express prior written consent of an authorized
representative of the City. Consultant and/or its subcontractors shall
return any written Confidential Information, and all copies made of
such items, to the City upon the City's written request, but in any
event not later than the date that Consultant has performed all
services to be performed pursuant to this Agreement. Consultant hereby
agrees that such Confidential Information and any documents provided
may be used by'Consultant and/or its subcontractors only as authorized
by the City. Contractor shall include a contract provision in its
contracts with subcontractors that binds the subcontractors to this
non -disclosure requirement. Consultant shall take reasonable measures
to avoid any disclosure of any such Confidential Information to any
unauthorized person.
3. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with the
City's legal counsel in responding to any such order or subpoena.
Consultant may only disclose Confidential Information required to be
disclosed pursuant to court order or subpoena after legal counsel has
exhausted any lawful and timely appeal or challenge.
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4. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent jurisdiction
against any breach or threatened breach of the Confidential Information
provisions of this Agreement. Consultant acknowledges that in case of
such breach or threatened breach, the City would have no adequate
11remedy at law.
IX. INDEMNITY AND INSURANCE.
1. Indemnification of City. Consultant shall
indemnify, defend, protect and hold the City and its officers, agents
and employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising out of the negligent services performed under this Agreement,
except to the extent arising from or caused by the negligence or
willful misconduct of City, its officers, agents or employees.
2. Insurance. Prior to commencing work hereunder,
Consultant shall provide the City with proof of insurance providing and
maintaining the coverage and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "B" and made a part hereof by
reference. Said proof of insurance shall also provide that said policy
or policies shall not be cancelled or materially reduced in coverage
without giving at least thirty (30) days prior written notice to the
City. If Consultant fails to provide proof of insurance coverage as
specified above, the City may, at its sole discretion, terminate this
Agreement immediately.
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Consultant shall not permit a subcontractor or vendor
11to perform work on City premises unless and until a certificate of
11insurance is obtained showing that such subcontractor or vendor has
workers' compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
X. GENERAL PROVISIONS.
1. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's'
services rendered pursuant to this Agreement; however, the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
Confidential Information.
2. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. Consultant shall have no authority, expressed or implied,
pursuant to this Agreement to bind the City to any obligation
whatsoever.
3. Assignment and Subcontracting Prohibited.
Consultant may not assign or subcontract any right or obligation
pursuant to this Agreement except with the express written consent of
the other party. Any other attempted or purported assignment of any
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right or obligation pursuant to this Agreement shall be void and of no
effect.
4. Termination. This Agreement may be terminated by
the City without cause on fifteen (15) days written notice to
Consultant. Consultant shall be entitled to the compensation earned by
it up to the date of the termination notice, plus compensation for
authorized work performed during the fifteen -day notice period in the
termination notice.
5. Notices. Notices to the parties, unless
otherwise requested in writing shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST, CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: TETRA TECH, INC.
ATTN: JOHN ROBINSON, SENIOR PROJECT MANAGER
3475 EAST FOOTHILL BLVD., SUITE 300
PASADENA, CA 91107
6. Entire Agreement. This Agreement is the entire
agreement of the parties. Consultant represents that in entering into
this Agreement, it has not relied on any previous representations or
understandings of any kind or nature.
7. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California as enacted and in force at the time
this Agreement is fully executed.
8. Amendments. Except as may otherwise be
specifically provided herein, this Agreement may be modified or amended
only by a written document executed by both Consultant and the City.
9. Benefit of Agreement. This Agreement shall bind
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Hand benefit the parties hereto and their heirs, successors, and
11permitted assigns.
10. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
in the County of Los Angeles, California.
11. Recitals. All recitals are incorporated by
Ilreference.
12. Waiver. Any waiver at any time by either party of
its rights with respect to a default under this Agreement, or with
respect to any other matters arising in connection with this Agreement,
shall not be deemed a waiver with respect to subsequent default or
other matter.
13. Force Majeure. Neither Party shall be considered
in to be in default in any of its obligations under this Contract when
a failure of performance shall be due to an uncontrollable force'. The
term "uncontrollable force" shall mean any cause beyond the control of
the party affected, including, but not restricted to, flood,
earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute, labor material shortage,
sabotage, federal, state, or municipal action, statute, ordinance, or
regulation, embargoes of the United States Government or any other
government, which by exercise of due diligence such party could not
reasonably have been expected to avoid and by exercise of due diligence
has been unable to overcome. Either party rendered unable to fulfill
any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5)
Business Days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
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14. Conflicts of Interest. In the event that a
potential conflict should arise between the interests of City and the
interests of any one of Consultant's other clients, during Consultant's
performance of services under this Agreement, Consultant shall notify
City of such potential conflict. Notice of the existence of a
potential conflict of interest shall be given in writing to City within
ten (10) days of the perceived conflict. The conflict of interest
letter shall specify when the potential conflict arose, the identity of
the other party(ies) and the facts that give rise to the potential
conflict. In the event that a potential conflict of interest is deemed
by City to be an actual conflict of interest, City may, at its
discretion, terminate this Agreement immediately.
15. Interests of Consultant. Consultant affirms that
it presently has no interest and shall not have any interest, direct or
indirect in any real property in City or any other interest, which
would conflict in any manner with performance of the services
contemplated by this Agreement. No person having such interest shall
be employed by or be associated with Consultant.
16. Partial Invalidity. Wherever possible, each
provision hereof will be interpreted in such manner as to be effective
and valid under applicable law, but in case any one or more of the
provisions contained herein will, for any reason, be held to be
invalid, illegal or unenforceable in any respect, such provision will
be ineffective to the extent, but only to the extent of such
invalidity, illegality or unenforceability without invalidating the
remainder of such provision or provisions or any other provision
hereof, unless such a construction would be unreasonable or contrary to
the parties' intent as expressed in this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
IN
CITY OF VERNON
LEONIS C. MALBURG, Mayor
By:
Name•
Title:
By: _
Name:
Title:
TETRA TECH, INC.
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EXHIBIT
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TETRA TECH, INC.
Infrastructure Services Group
October 25, 2004
Mr. Kevin Wilson
Director of Community Services & Water
City of Vernon, Department of Community Services & Water
4305 Santa Fe Avenue
Vernon, Ca 90058
Reference: Proposal for Professional Engineering Services
Industrial Engineering Report Preparation and Assistance for
Malburg Generation Station
Dear Mr. Wilson:
Tetra Tech, Incorporated (Tetra Tech) is pleased to submit this proposal for engineering services to
assist the City of Vernon, Community Services Department (City) to obtain State Department of
Health Services (State DHS) and City of Vernon Department of Environmental Health (Vernon DEH)
approval for recycled water usage at Malburg Generation Station, to assist Los Angeles County
Sanitation District (LACSD) to submit an Amended Engineering Report to the Regional Water,
Quality Control Board — Los Angeles Region (RWQCB) and assist the Vernon DEH with
information, advise and professional expertise. Presented in the following paragraphs are our
proposed scope of services, project schedule and proposed fee.
SCOPE OF SERVICES
The goal of this scope of services is to have Tetra Tech assist both the City to obtain State DHS and
Vernon DEH approval of the Industrial Engineering Report (IER) as outlined in the Guidelines for the
Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water
dated March 2001. In addition, LACSD is required to submit an amended Engineering Report for the
Los Coyotes Water Reclamation Plant and submit it to the RWQCB. Finally, as the Malburg
Generation Station (MGS) is the first recycled water customer within the City, Tetra Tech will act an
advisor to the City and Vernon DEH to provide requested information and professional expertise
based upon our Tetra Tech experience with conversion of power plants, refineries and other heavy
industrial customers to recycled water. Tetra Tech will perform the following scope of services:
Task 1: Review R dstinz Information — Tetra Tech with review original and amended MGS drawings
in order to develop the drawings for the IER
3475 East Foothill Boulevard, Suite 300, Pasadena, CA 91 107
Tel 626,351.4664 Fax 626.683.0060
www.tetratech.com
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 2
Task 2: Retrofit Management and Coordination — Tetra Tech will provide project management and
coordination in meeting with the City, Vernon DEH, State DHS and others as necessary. Specific
tasks include:
Tetra Tech in coordination with the City and Vernon DEH will attend and conduct an initial site visit
to conduct a detailed site walk before the development of the IER. Tetra Tech staff at that initial site
visit will collect irrigation/utility plans and site plans, locate existing water meters and backflow
devices and collect all other required information in order to develop the IER. Interviews with the
City, Vernon DEH, Central Basin Municipal Water District (CBMWD) and LACSD will be
conducted in order to outline authorities and responsibilities between the agencies with respect to
treatment, distribution and use of recycled water.
Tetra Tech in coordination with the City in order to attend and conduct a second site visit in order to
review the draft IER before submittal to State DHS and Vernon DEH for review and comments.
Tetra Tech will attend and conduct one (1) meeting with CBMWD, LACSD and State DHS.
Deliverables: Tetra Tech will prepare for meetings as appropriate: meeting agendas, identify and
contact participants, prepare and update handout materials and coordinate discussion items. Prepare
and distribute meeting minutes for meetings with regulatory agencies.
Task 3: Industrial Engineering Report aER1 — The guidelines for the development of the IER
prescribe that the recycled water quality and wastewater treatment requirements be included, use area
requirements pertaining to the actual locations of use of the recycled water be included and reliability
features be included. The following are major sections for the IER
Industrial Engineering Report Sections: Tetra Tech prepare the IER with the following major
headings: Introduction which outlines the history of the facility and requirements of the conversion,
outline the existing potable water uses, outline the cooling tower operations, describe the recycled
water piping system, outline the construction and testing go the recycled water distribution system
within the MGS site, prepare an emergency response plan procedure, outline employee training that
will ensure compliance with the Recycled Water Criteria, outline the conditions of recycled water use
and supply several appendices. The appendices will include sections can include City's recycled
water ordinance (if applicable), user supervisor information, standard procedures, site supervisor
training reference guide, emergency response plan, and City standard drawings.
An in-house quality assurance/quality control review of the design will be conducted to ascertain that
the optimum on -site retrofit design is provided.
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 3
Transmissions and Distribution Systems: Tetra Tech has assumed for the purpose of our fee estimate
that we can utilize record facility drawings in AutoCAD format from the City and MGS designers. A
typical on -site facility drawing will be prepared in AutoCAD 14 and will be color coded to indicate
the different types of system pipelines. The on -site facility drawings will include background
information, industrial piping, irrigation piping (if applicable), potable piping, fire suppression
system, and potential locations for additional recycled water signs. The IER will discuss how the
potable water distribution system shall be protected from the recycled water in accordance with the
Regulations Relating to Cross -Connections and the California Waterworks Standards, and how the
facilities will be designed to minimize the chance of recycled water leaving the designated use area.
Any proposed deviations from the Water Recycling Criteria and necessity therefore, will be discussed
in the IER These on -site facility drawings will be incorporated into the IER as figures and cross
referenced in the write up.
Deliverables: Tetra Tech will submit three (3) copies of draft IER for review by the City and Vernon
DEH. Tetra Tech will prepare final IER incorporating City and Vernon DEH comments.
Task 4: Cross Connection Testing - Tetra Tech will assist City staff to conduct a preliminary cross
connection in coordination with Vernon DEH. In addition, after the Vernon DEH and State DHS
approval of the IER and retrofit construction has been completed, Tetra Tech will assist City staff to
conduct a final cross connection test in coordination with Vernon DEH and State DHS.
Deliverables: Tetra Tech will prepare a list of action items from the preliminary cross connection test
and distribute to all applicable parties. Tetra Tech will prepare a list of action items, if necessary from
the final cross connection test and distribute to all applicable parties.
Task S: Amended Enrineerine Report -Tetra Tech will developed an Amended Engineering Report
on the behalf of Los Angeles County Sanitation District (LACSD) staff in order to incorporate the
MGS as a recycled water use site within in the National Pollutant Discharge Elimination System
permit for Los Coyotes Water Reclamation Plant. The Amended Engineering Report will be supplied
to Regional Water Quality Control Board — Los Angeles Region via LACSD staff and outlines how
and where recycled will be utilized at MGS.
Deliverables: Tetra Tech will submit three (3) copies of draft Amended Engineering Report for
review by the LACSD and City staff. Tetra Tech will prepare final Amended Engineering Report
which will incorporate LACSD and City staff comments.
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 4
Optional Scope of Services
Optional Task 1: Training and Start up Assistance - Tetra Tech will assist City and Vernon DEH
with the initial startup and testing of the retrofit connections once recycled water is available from
CBMWD. Tetra Tech can prepare and conduct a training course for MGS staff before recycled water
is introduced. Training could be a morning session on recycled water regulations, with a lunch
meeting conducted at Los Coyotes WRP in order to provide staff with an overview of treatment, with
an afternoon wrap up and an opportunity for questions/answers. Tetra Tech can potentially have both
State DHS as well as County of Los Angeles, Department of Health Services staff to answer any
regulatory questions.
TIME SCHEDULE
Tetra Tech's understanding of the MGS construction schedule places completion in May 2005. Our
services will be performed in a.timely manner so as to expedite the completion of the IER. A draft
IER and construction cost estimate will be submitted to City within 60 business days after the notice
to proceed. Tetra Tech will finalize the retrofit design within 30 business days of receiving City and
Vernon DEH comments.
Preliminary cross connections, final cross connections and the option task of training/start up
assistance will be conducted in coordination the construction schedules and can be completed within
7 business days from notification.
COMPENSATION
For the services described above, we propose that our compensation be on an hourly basis. Hourly
billing will be in accordance with Tetra Tech's standard billing rate schedule, we have attached our
2005 Hourly Charge Rate and Expense Reimbursement Schedule, which we propose to use for the
project. We propose a not -to -exceed price ceiling of $37,540 with the Optional Task 1 services.
Refer to Table 1 for the estimated level of effort breakdown.
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 5
Table 1- Estimated Level of Hours (1)
Task
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Labor Hours by, Staff Classification
Total Hours
Total Labor
PM
$150/hr
EHI
$105/hr
Des./CAD
$92/hr
1
16
16
32
$4,080
2
4
16
20
$14,820
3
20
60
60
140
$2,280
4
10
40
50
$5,700
5
16
32
14
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$7,048
Subtotal
66
164
74
304
$33 928
Optional
24
8 ____f0
32
$3,612
TOTAL
90
172
74i
336
$37 0.
0)1 he tarty mil provide the IER review fee typically required by State DHS.
If this proposal meets with your approval, please provide Tetra Tech a Notice to Proceed or a letter of
authorization.
We appreciate the opportunity to submit our proposal and look forward to beginning this project
immediatf-ly upo11/receipt of the Notice to Proceed.
Robinson
>r Project Manager
JRxab
I:\pro04\p-126jr\proposaLdoc
Attachment
c Chuck Montoya, City of Vernon
Sam Grossman, City of Vernon
Chuck Vosicka, WRMS Engineering
TETRA TECH, INC.
EXIDBIT "A"
2005
HOURLY CHARGE RATE AND
,EXPENSE REIMBURSEMENT SCHEDULE
Professional
Engineering Intern/Technician/Assistant-3
50.00
Designer/CAD Operator/Engineer I...........
$ 92.00
Engineer II and IIUSenior Designer ..........
$ 105.00
Biologist.....................................................
$ 105.00
Planner.......................................................
$ 105.00
Senior Engineer/Landscape Architect........
$ 120.00
Project Engineer/Project Coordinator ........
$ 135.00
Senior Planner ............................................
$ 145.00
Senior Scientist .........................................
$ 145.00
Project Manager/Sr. Project Coordinator...
$ 150.00
Senior Project Manager ..............................
$ 165.00
Program Director/Project Director .............
$ 200.00
Administrative
Administrative Clerk .................................. $ 49.00
Word Processor/Admin. Support ............... $ 60.00
Graphic Designer ....................................... $ 98.00
Survev/Mappine
Survey Technician I ...................................
$ 92.00
Survey Technician II/Field Supervisor ......
$105.00
Senior Surveyor .........................................
$ 120.00
Project Surveyor ........................................
$ 140.00
Two -Person Survey Party ..........................
$ 190.00
Two -Person Survey Party with GPS ..........
$ 230.00
Three -Person Survey -Party ............:..........
$ 272.00
Survey Travel Time (Two -person) ............
$ 90.00
Survey Travel Time (Three -person)...........
$ 127.00
Construction Manaeement
Construction Observer ............................... $ 80.00
Senior Construction Observer .................... $ 89.00
Resident Engineer ...................................... $ 125.00
Construction Manager ................................ $ 150.00
Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls,
printing and any other services performed by subcontractor, will be billed at cost plus 15%.
Reimbursable In -House Costs
Photo Copies (B&W 8.5"x11") ......
$ 0.10/Each
Photo Copies (B&W 11"x17").......
$ 0.35/Each
Color Copies (up to 8.5"x l 1") ........
$ 1.50/Each
Color Copies (to 11 "x 17") ..............
$ 2.50/Each
Compact Disks ................................
$10.00/Each
Large Format Copies ..................... $ 0.30/S.F.
Computer Time ............................. $10.00/Hour
Mileage ........................................... $ 0.40/Mile
NOTE: All rates are effective to October 1, 2005. There will be a negotiated increase in rates, 5% minimum
per year, for contracts extending beyond October 1, 2005
EXHIBIT
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EXHIBIT B
INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
the following amounts and coverage (combined single limit permitted):
I. Coverage and Limits
Bodily Injury Prope!jy Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
Em foyers' Liability $1,000 000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contractual Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted
on or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of liability coverage shall be furnished in the
form checked below.
EXHIBIT "B
SUPPORTING
DOCUMENTS
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as
the original hereof for all purposes, as of this 17th day of November,
2004, in the City of Vernon, California
BY AND BETWEEN
THE CITY OF VERNON, (hereinafter
referred to as "the City")
4305 Santa Fe Avenue
Vernon, California 90058
TETRA TECH, INC. (hereinafter
referred to as "Consultant")
3475 East Foothill Blvd., Ste. 300
Pasadena, California 91107
RECITALS
WHEREAS, the City is constructing the Malburg Generating
Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of
Vernon (the "Malburg Project") for purposes of installing additional
generating capacity; and
WHEREAS, the City has constructed an extension to the
existing recycled water pipeline through a portion of the City to the
MGS located north of 50th Street between Seville Avenue and Soto Street
(hereinafter referred to as the "Recycled Water Pipeline Extension
Project"); and
WHEREAS, the City has determined that it is in the best
interest of the Malburg Project that the City retain the services of a
firm to assist the City in obtaining approval for recycled water usage
at the Malburg Project from all the appropriate agencies in conformance
with state and local requirements; and (collectively, the "Professional
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MA
W.
Engineering Services") for the benefit of the Malburg Project; and
WHEREAS, the City utilized the services of Consultant for the
Recycled Water Pipeline Extension Project; and
WHEREAS, the City desires to retain Consultant for
Professional Engineering Services (a) to develop and prepare an
Industrial Engineering Report for submission to appropriate agencies
for approval of recycled water usage at the MGS; (b) to assist the City
in conducting a final cross connection test; (c) to develop and prepare
an Amended Engineering Report incorporating the MGS as a recycled water
use site in the National Pollutant Discharge Elimination System permit
for Los Coyotes Water Reclamation Plant; (d) to assist the City with
:he initial startup and testing of the retrofit connections once
Irecycled water is available; and (e) to conduct a training course for
(MGS staff respecting recycled water regulations (hereinafter
(collectively referred to as the "Recycled Water Approval Project"); and
WHEREAS, Consultant submitted a proposal to the City dated
October 25, 2004, for the Recycled Water Approval Project (hereinafter
referred to as the "Proposal"), a copy of which is attached hereto as
Exhibit A and incorporated by reference, which includes a description
and cost for the proposed services; and
WHEREAS, Consultant represents that it is qualified and
capable of furnishing the labor, materials and expertise to perform the
Professional Engineering Services for the Recycled Water Approval
Project and that the City requires, as set forth in this Agreement for
Professional Consulting Services (hereinafter referred to as "the
Agreement") and is willing to do so on the terms and conditions set
forth below; and
WHEREAS, the City desires to retain Consultant for the
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services hereinafter described.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
I. SCOPE OF SERVICES.
Consultant shall perform the Professional Engineering
Services outlined in the Proposal attached as Exhibit A. Consultant
shall provide said services at the time, place, and in the manner
specified in the Proposal, subject to the direction of the City,
through its staff, as may be provided from time to time. Such services
shall include, but not be limited to, the following:
(1) Task 1: Review Existing Information;
(2) Task 2: Retrofit Management and Coordination;
(3) Task 3: Industrial Engineering Report;
(4) Task 4: Cross Connection Testing;
(5) Task 5: Amended Engineering Report; and
(6) Task 6: Training and Start up Assistance
It is understood and agreed that in the event of a conflict
between the -Proposal and this Agreement, the terms of this Agreement
shall prevail.
Consultant agrees that all services provided will be
conducted by the principal and, if staff members or subcontractors are
used, their work will be under the supervision of the principal.
Consultant shall undertake and carry on the work diligently to
conclusion, using that standard of care, skill, and diligence normally
provided by professional person in the performance of such services.
II. PROGRESS REPORTS.
Consultant shall submit written progress reports at least
once a month until the work herein is completed. Consultant shall meet
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with City staff, upon City's request, or as needed, in order to provide
reports or information concerning the services being performed by
Consultant under this Agreement.
III. TIME OF PERFORMANCE.
Consultant's services herewith shall commence upon signing of
this Agreement and shall be completed according to the schedule set
forth in the Proposal, unless otherwise terminated or extended.
IV. COMPENSATION.
1. Services. The City shall compensate Consultant
for actual effort expended on a time -and -materials basis according to
"Table 1-Estimated Level of Hours" and the "Hourly Charge Rate and
Expense Reimbursement Schedule" attached as an exhibit to the Proposal,
The total compensation shall not exceed Thirty -Seven Thousand Five
Hundred Forty Dollars and No Cents ($37,540.00).
2. Expenses. Expenses identified in the Proposal may
only be billed in accordance with the terms set forth in the Proposal.
Any other expenses not identified in the Agreement may only be billed
if advance written approval has been obtained from the City
lAdministrator.
V. METHOD OF PAYMENT.
Within thirty (30) days after the last day of any month in
which services have been performed or costs incurred hereunder,
Consultant shall submit an invoice to the City stating the amount due
Consultant. The invoice shall also contain an itemization of services
rendered, directly related job expenses and subcontract charges
incurred by Consultant for which compensation is due (i.e., the
services performed, the date the services were performed, the number of
hours spent and by whom), directly related job expenses and charges.
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Payment of the invoice shall be made after acceptance and approval by
the City within thirty (30) days.
In the event that Consultant is allowed to use
subcontractors, Consultant shall be responsible for paying any sub-
contractors used in the performance of this Agreement. Subcontractors
shall not bill City directly.
VI. CHANGES AND EXTRA SERVICES.
The City reserves the right to request changes in or
additions to the services to be performed by Consultant. All such
changes shall be incorporated in written change orders executed by the
City and Consultant that shall specify the changes ordered and the
parties shall mutually negotiate an adjustment of compensation and
completion time if required.
Any services added to the scope of this Agreement by a change
order shall be executed under all applicable conditions of this
Agreement. Consultant should be paid according to the Hourly Charge
Rate and Expense Reimbursement Schedule in Exhibit "B." No claim for
ladditional compensation for services or extension of time shall be
recognized unless contained in a duly executed change order.
VII. PRODUCTS OF CONSULTING.
1. All reports, plans, studies, maps, drawings,
photographs, documents and other writings prepared by and for
Consultant, its officers, employees, agents and subcontractors in the
course of implementing this Agreement, except working notes and
internal documents, shall become the property of the City upon payment
to Consultant for such work, and the City shall have the sole right to
use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's
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expense, provide such reports, plans, studies, maps, drawings,
photographs, documents and other writings to City upon written request.
All drawings shall be in Autocad 2000 or higher. All design documents
shall be in Microsoft Word format.
2. Maps, drawings and photographs produced by the
Consultant shall conform to the best standards of that profession.
Information shall be organized in a logical and systematic manner.
Drawings shall contain as much information on a single drawing as can
be done without impairing clarity and quality.
3. City has relied upon the professional training a
ability of Consultant to perform the services hereunder as a material
inducement to enter into this Agreement. Consultant shall therefore
provide properly skilled professional and technical personnel to
perform all services under this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to
be expected of competent professionals in Consultant's field of
expertise.
4. Consultant shall minimize changes to its key
project personnel. The City shall have the right to request key
project personnel changes and to review and approve key project
personnel changes proposed by the Consultant.
VIII. CONFIDENTIAL INFORMATION.
1. Access to Confidential Information. The City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning the City, or
businesses located in the City. The information may include company
information, taxes, sales, value of assets, or other such information.
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1 All such information shall be known as "Confidential Information" and
2 may not be used to circumvent the responsibility of either party to
3 this Agreement.
4 2. No Disclosure. Except as expressly permitted,
5 Consultant and/or its subcontractors shall not disclose, permit the
6 disclosure of, release, disseminate, or transfer, whether orally or by
7 any other means, any part of such Confidential Information to any other
8 person or entity, whether corporate, governmental, or individual,
9 without the express prior written consent of an authorized
10 representative of the City. Consultant and/or its subcontractors shall
11 return any written Confidential Information, and all copies made of
12 such items, to the City upon the City's written request, but in any
13 event not later than the date that Consultant has performed all
14 services to be performed pursuant to this Agreement. Consultant hereby
15 agrees that such Confidential Information and any documents provided
16 may be used by'Consultant and/or its subcontractors only as authorized
17 by the City. Contractor shall include a contract provision in its
18 contracts with subcontractors that binds the subcontractors to this
19 non -disclosure requirement. Consultant shall take reasonable measures
20 to avoid any disclosure of any such Confidential Information to any
21 unauthorized person.
22 3. Court Ordered Disclosure. Consultant shall
23 immediately notify the City of any court order or subpoena requiring
24 disclosure of Confidential Information, and shall cooperate with the
25 City's legal counsel in responding to any such order or subpoena.
26 Consultant may only disclose Confidential Information required to be
27 disclosed pursuant to court order or subpoena after legal counsel has
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4. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent jurisdiction
against any breach or threatened breach of the Confidential Information
provisions of this Agreement. Consultant acknowledges that in case of
such breach or threatened breach, the City would have no adequate
remedy at law.
IX. INDEMNITY AND INSURANCE.
1. Indemnification of City. Consultant shall
indemnify, defend, protect and hold the City and its officers, agents
and employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising out of the negligent services performed under this Agreement,
except to the extent arising from or caused by the negligence or
willful misconduct of City, its officers, agents or employees.
2. Insurance. Prior to commencing work hereunder,
Consultant shall provide the City with proof of insurance providing and
maintaining the coverage and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "B" and made a part hereof by
reference. Said proof of insurance shall also provide that said policy
or policies shall not be cancelled or materially reduced in coverage
without giving at least thirty (30) days prior written notice to the
City. If Consultant fails to provide proof of insurance coverage as
specified above, the City may, at its sole discretion, terminate this
Agreement immediately.
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Consultant shall not permit a subcontractor or vendor
11to perform work on City premises unless and until a certificate of
11insurance is obtained showing that such subcontractor or vendor has
workers' compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
X. GENERAL PROVISIONS.
1. Independent Contractor. At all times during the
term of this Agreement, Consultant shall be an independent contractor
and shall not be an employee of the City. The City shall have the
right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, the City shall
not have the right to control the means by which Consultant
accomplishes services rendered pursuant to the Agreement except to the
extent that such services involve the use of City property or
Confidential Information.
2. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. Consultant shall have no authority, expressed or implied,
pursuant to this Agreement to bind the City to any obligation
whatsoever.
3. Assignment and Subcontracting Prohibited.
Consultant may not assign or subcontract any right or obligation
pursuant to this Agreement except with the express written consent of
the other party. Any other attempted or purported assignment of any
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right or obligation pursuant to this Agreement shall be void and of no
effect.
4. Termination. This Agreement may be terminated by
the City without cause on fifteen (15) days written notice to
Consultant. Consultant shall be entitled to the compensation earned by
it up to the date of the termination notice, plus compensation for
authorized work performed during the fifteen -day notice period in the
termination notice.
5. Notices. Notices to the parties, unless
otherwise requested in writing shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST, CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: TETRA TECH, INC.
ATTN: JOHN ROBINSON, SENIOR PROJECT MANAGER
3475 EAST FOOTHILL BLVD., SUITE 300
PASADENA, CA 91107
6. Entire Agreement. This Agreement is the entire
agreement of the parties. Consultant represents that in entering into
this Agreement, it has not relied on any previous representations or
understandings of any kind or nature.
7. Governing Law. The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California as enacted and in force at the times
this Agreement is fully executed.
8. Amendments. Except as may otherwise be
specifically provided herein, this Agreement may be modified or amended
only by a written document executed by both Consultant and the City.
9. Benefit of Agreement. This Agreement shall bind
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and benefit the parties hereto and their heirs, successors, and
permitted assigns.
10. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
in the County of Los Angeles, California.
reference.
11. Recitals. All recitals are incorporated by
12. Waiver. Any waiver at any time by either party of
its rights with respect to a default under this Agreement, or with
respect to any other matters arising in connection with this Agreement,
shall not be deemed a waiver with respect to subsequent default or
other matter.
13. Force Majeure. Neither Party shall be considered
in to be in default in any of its obligations under this Contract when
a failure of performance shall be due to an uncontrollable force. The
term "uncontrollable force" shall mean any cause beyond the control of
the party affected, including, but not restricted to, flood,
earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute, labor material shortage,
sabotage, federal, state, or municipal action, statute, ordinance, or
regulation, embargoes of the United States Government or any other
government, which by exercise of due diligence such party could not
reasonably have been expected to avoid and by exercise of due diligence
has been unable to overcome. Either party rendered unable to fulfill
any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5)
Business Days of such fact to the other party and shall exercise due
(diligence to remove such inability with all reasonable dispatch.
=8=
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14. Conflicts of Interest. In the event that a
11potential conflict should arise between the interests of City and the
11interests of any one of Consultant's other clients, during Consultant's
performance of services under this Agreement, Consultant shall notify
City of such potential conflict. Notice of the existence of a
potential conflict of interest shall be given in writing to City within
ten (10) days of the perceived conflict. The conflict of interest
letter shall specify when the potential conflict arose, the identity of
the other party(ies) and the facts that give rise to the potential
conflict. In the event that a potential conflict of interest is deemed
by City to be an actual conflict of interest, City may, at its
discretion, terminate this Agreement immediately.
15. Interests of Consultant. Consultant affirms that
it presently has no interest and shall not have any interest, direct or
indirect in any real property in City or any other interest, which
would conflict in any manner with performance of the services
contemplated by this Agreement. No person having such interest shall
be employed by or be associated with Consultant.
16. Partial Invalidity. Wherever possible, each
provision hereof will be interpreted in such manner as to be effective
and valid under applicable law, but in case any one or more of the
provisions contained herein will, for any reason, be held to be
invalid, illegal or unenforceable in any respect, such provision will
be ineffective to the extent, but only to the extent of such
invalidity, illegality or unenforceability without invalidating the
remainder of such provision or provisions or any other provision
hereof, unless such a construction would be unreasonable or contrary to
the parties' intent as expressed in this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date, month
and year first written above.
CITY OF VERNON
By:
ON I S C . MALBUkG, May r
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROV D AS TO RM:
ERIC T. FR SCH, ity Attorney
TET TECH, INC.
By:
Name: Richard A. Lemmon
Title • Executive Vice President, Admin.
By:
Name: Janis B. Salin
Title: V. P., General Counsel & Secretary
- 13 -
I
Noun -it
(* TETRA TECH, INC.
Infrastructure Services Group
October 25, 2004
Mr. Kevin Wilson
Director of Community Services & Water
City of Vernon, Department of Community Services & Water
4305 Santa Fe Avenue
Vernon, Ca 90058
Reference: Proposal for Professional Engineering Services
Industrial Engineering Report Preparation and Assistance for
Malburg Generation Station
Dear Mr. Wilson:
Tetra Tech, Incorporated (Tetra Tech) is pleased to submit this proposal for engineering services to
assist the City of Vernon, Community Services Department (City) to obtain State Department of
Health Services (State DHS) and City of Vernon Department of Environmental Health (Vernon DEH)
approval for recycled water usage at Malburg Generation Station, to assist Los Angeles County
Sanitation District (LACSD) to submit an Amended Engineering Report to the Regional Water
Quality Control Board — Los Angeles Region (RWQCB) and assist the Vernon DEH with
information, advise and professional expertise. Presented in the following paragraphs are our
proposed scope of services, project schedule and proposed fee.
SCOPE OF SERVICES
The goal of this scope of services is to have Tetra. Tech assist both the City to obtain State DHS and
Vernon DEH approval of the Industrial Engineering Report (IER) as outlined in the Guidelines for the
Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water
dated March 2001. In addition, LACSD is required to submit an amended Engineering Report for the
Los Coyotes Water Reclamation Plant and submit it to the RWQCB. Finally, as the Malburg
Generation Station (MGS) is the first recycled water customer within the City, Tetra Tech will act an
advisor to the City and Vernon DEH to provide requested information and professional expertise
based upon our Tetra Tech experience with conversion of power plants, refineries and other heavy
industrial customers to recycled water. Tetra Tech will perform the following scope of services:
Task l: Review 4*ilinQ Information — Tetra Tech with review original and amended MGS drawings
in order to develop the drawings for the IER.
347S East Foothill Boulevard, Suite 300. Pasadena, CA 91 107
Tel 626.351.4664 Fax 626.683.0060
www.tetratech.com
TETRA TECH, INC.
It
1*
Mr. Kevin S. Wilson
October 25, 2004
Page 2
Task 2: Retrofit Management and Coordination — Tetra Tech will provide project management and
coordination in meeting with the City, Vernon DEH, State DHS and others as necessary. Specific
tasks include:
Tetra Tech in coordination with the City and Vernon DEH will attend and conduct an initial site visit
to conduci a detailed site walk before the development of the IER. Tetra Tech staff at that initial site
visit will collect irrigation/utility plans and site plans, locate existing water meters and backflow
devices and collect all other required information in order to develop the IER. Interviews with the
City, Vernon DEH, Central Basin Municipal Water District (CBMWD) and LACSD will be
conducted in order to outline authorities and responsibilities between the agencies with respect to
treatment, distribution and use of recycled water.
Tetra Tech in coordination with the City in order to attend and conduct a second site visit in order to
review the draft IER before submittal to State DHS and Vernon DEH for review and comments.
Tetra Tech will attend and conduct one (1) meeting with CBMWD, LACSD and State DHS.
Deliverables: Tetra Tech will prepare for meetings as appropriate: meeting agendas, identify and
contact participants, prepare and update handout materials and coordinate discussion items. Prepare
and distribute meeting minutes for meetings with regulatory agencies.
Task 3: Industrial Engineering Report aER) — The guidelines for the development of the IER
prescribe that the recycled water quality and wastewater treatment requirements be included, use area
requirements pertaining to the actual locations of use of the recycled water be included and reliability
features be included. The following are major sections for the IER
Industrial Engineering Report Sections: Tetra Tech prepare the IER with the following major
headings: Introduction which outlines the history of the facility and requirements of the conversion,
outline the existing potable water uses, outline the cooling tower operations, describe the recycled
water piping system, outline the construction and testing go the recycled water distribution system
within the MGS site, prepare an emergency response plan procedure, outline employee training that
will ensure compliance with the Recycled Water Criteria, outline the conditions of recycled water use
and supply several appendices. The appendices will include sections can include City's recycled
water ordinance (if applicable), user supervisor information, standard procedures, site supervisor
training reference guide, emergency response plan, and City standard drawings.
An in-house quality assurance/quality control review of the design will be conducted to ascertain that
the optimum on -site retrofit design is provided.
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 3
Transmissions and Distribution Systems: Tetra Tech has assumed for the purpose of our fee estimate
that we can utilize record facility drawings in AutoCAD format from the City and MGS designers. A
typical on -site facility drawing will be prepared in AutoCAD 14 and will be color coded to indicate
the different types of system pipelines. The on -site facility drawings will include background
information, industrial piping, irrigation piping (if applicable), potable piping, fire suppression
system, and potential locations for additional recycled water signs. The IER will discuss how the
potable water distribution system shall be protected from the recycled water in accordance with the
Regulations Relating to Cross -Connections and the California Waterworks Standards, and how the
facilities will be designed to minimize the chance of recycled water leaving the designated use area.
Any proposed deviations from the Water Recycling Criteria and necessity therefore, will be discussed
in the IER. These on -site facility drawings will be incorporated into the IER as figures and cross
referenced in the write up.
Deliverables: Tetra Tech will submit three (3) copies of draft IER for review by the City and Vernon
DEH. Tetra Tech will prepare final IER incorporating City and Vernon DEH comments.
Task 4: Cross Connection Testing - Tetra Tech will assist City staff to conduct a preliminary cross
connection in coordination with Vernon DEH. In addition, after the Vernon DEH and State DHS
approval of the IER and retrofit construction has been completed, Tetra Tech will assist City staff to
conduct a final cross connection test in coordination with Vernon DEH and State DHS.
Deliverables: Tetra Tech will prepare a list of action items from the preliminary cross connection test
and distribute to all applicable parties. Tetra Tech will prepare a list of action items, if necessary from
the final cross connection test and distribute to all applicable parties.
Task S: Amended Eneineerine- Report -Tetra Tech will developed an Amended Engineering Report
on the behalf of Los Angeles County Sanitation District (LACSD) staff in order to incorporate the
MGS as a recycled water use site within in the National Pollutant Discharge Elimination System
permit for Los Coyotes Water Reclamation Plant. The Amended Engineering Report will be supplied
to Regional Water Quality Control Board — Los Angeles Region via LACSD staff and outlines how
and where recycled will be utilized at MGS.
Deliverables: Tetra Tech will submit three (3) copies of draft Amended Engineering Report for
review by the LACSD and City staff. Tetra Tech will .prepare final Amended Engineering Report
which will incorporate LACSD and City staff comments.
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 4
Optional Scope of Services
Optional Task l: Training and Start un Assistance - Tetra Tech will assist City and Vernon DEH
with the initial startup and testing of the retrofit connections once recycled water is available from
CBMWD. Tetra Tech can prepare and conduct a training course for MGS staff before recycled water
is introduced. Training could be a morning session on recycled water regulations, with a lunch
meeting conducted at Los Coyotes WRP in order to provide staff with an overview of treatment, with
an afternoon wrap up and an opportunity for questions/answers. Tetra Tech can potentially have both
State DHS as well as County of Los Angeles, Department of Health Services staff to answer any
regulatory questions.
Tnw SCHEDULE
Tetra Tech's understanding of the MGS construction schedule places completion in May 2005. Our
services will be performed in a timely manner so as to expedite the completion of the TER. A draft
IER and construction cost estimate will be submitted to City within 60 business days after the notice
to proceed. Tetra Tech will finalize the retrofit design within 30 business days of receiving City and
Vernon DEH comments.
Preliminary cross connections, final cross connections and the option task of training/start up
assistance will be conducted in coordination the construction schedules and can be completed within
7 business days from notification.
COMPENSATION
For the services described above, we propose that our compensation be on an hourly basis. Hourly
billing will be in accordance with Tetra Tech's standard billing rate schedule, we have attached our
2005 Hourly Charge Rate and Expense Reimbursement Schedule, which we propose to use for the
project. We propose a not -to -exceed price ceiling of $37,540 with the Optional Task 1 services.
Refer to Table 1 for the estimated level of effort breakdown.
TETRA TECH, INC.
Mr. Kevin S. Wilson
October 25, 2004
Page 5
Table 1- Estimated Level of Hours (1)
Labor Hours by Staff Classification
Task
Total Hours
Total Labor
PM
EHI
Des./CAD
$150/hr
$105/hr
$92/hr
1
16
16
32
$4,080
2
4
16
20
$14,820
3
20
60
60
140
$2,280
4
10
40
50
$5,700
5
16
32
14
62 -
$7,048
Subtotal
66
164
74
304
$33 928
Optional
24
8
0
32
$3,612
TOTAL
90
172
74
336
$37 0.
0) , ue i..rcy wru provide the iER review fee typically required by State DHS.
If this proposal meets with your approval, please provide Tetra Tech a Notice to Proceed or a letter of
authorization.
We appreciate the opportunity to submit our proposal and look forward to beginning this project
immediately upog/receipt of the Notice to Proceed.
Robinson
�r Project Manager
JR cab
1:NpropW)p-126jr1proposal.doc
Attachment
c Chuck Montoya, City of Vernon
Sam Grossman, City of Vernon
Chuck Vosicka, WRMS Engineering
TETRA TECH, INC.
It
EXHIBIT "A"
2005
HOURLY CHARGE RATE AND
,EXPENSE REIMBURSEMENT SCHEDULE
Professional
Engineering Intern/Technician/Assistant... $ 50.00
Designer/CAD Operator/Engineer I...........
$ 92.00
Engineer 11 and Menior Designer ..........
$ 105.00
Biologist.....................................................
$ 105.00
Planner.......................................................
$ 105.00
Senior Engineer/Landscape Architect........
$ 120.00
Project Engineer/Project Coordinator........
$ 135.00
Senior Planner ............................................
$ 145.00
Senior Scientist .................................:.......
$ 145.00
Project Manager/Sr. Project Coordinator...
$ 150.00
Senior Project Manager ..............................
$ 165.00
Program Director/Project Director .............
$ 200.00
Administrative
Administrative Clerk .................................. $ 49.00
Word Processor/Admin. Support ............... $ 60.00
Graphic Designer ....................................... $ 98.00
Survey/Mapping
Survey Technician I ................................... $ 92.00
Survey Technician EVField Supervisor...... $ 105.00
Senior Surveyor ......................................... $ 120.00
Project Surveyor...............................6........ $ 140.00
Two -Person Survey Party .......................... $ 190.00
Two -Person Survey Party with GPS .......... $ 230.00
Three -Person Survey -Party ....................... $ 272.00
Survey Travel Time (Two -person) ............ $ 90.00
Survey Travel Time (Three -person)........... $127.00
Construction Manaeement
Construction Observer ............................... $ 80.00
Senior Construction Observer .................... $ 89.00
Resident Engineer ...................................... $ 125.00
Construction Manager ................................ $ 150.00
Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls,
Printing and any other services performed by subcontractor, will be billed at cost plus 15%.
Reimbursable In -House Costs
Photo Copies (B&W 8.5"xl I-) ...... $ 0.10/Each
Photo Copies (B&W 11"xl7')....... $ 0.35/Each
Color Copies (up to 8.5"xl 1") ........ $ 1.50/Each
Color Copies (to 11 "x 17") .............. $ 2.50/Each
Compact Disks ................................ $10.00/Each
Large Format Copies ..................... $ 0.30/S.F.
Computer Time ............................. $10.00/Hour
Mileage ........................................... $ 0.40/Mile
NOTE: All rates are effective to October 1, 2005. There will be a negotiated increase in rates, 5% minimum
per year, for contracts extending beyond October 1, 2005
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EXHIBIT B
INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
the following amounts and coverage (combined single limit permitted):
I. Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $ 1,000,000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,0003000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contractual Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted
on or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of liability coverage shall be furnished in the
form checked below.
EXHIBIT