Resolution No. 92431
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RESOLUTION NO. 9243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND CAROLLO ENGINEERS FOR A STUDY REGARDING
IRON AND MANGANESE TREATMENT IN CITY WELLS
WHEREAS, the City of Vernon needs to address iron and
manganese concentrations in a number of wells in the City in
accordance with the requirement of the Department of Health Services
that the City either comply with the maximum contaminant levels or
obtain a waiver in accordance with California Code of Regulations
Title 22; and
WHEREAS, the City of Vernon needs the services of a
contractor to conduct a study to evaluate treatment alternatives and
develop detailed planning level costs for iron and manganese treatment
for a customer survey that will meet the requirements of the
California Code of Regulations; and
WHEREAS, on April 13, 2005, the City Council of the City of
Vernon adopted Resolution No. 8705 approving an agreement with
Geoscience Support Services, Inc. ("Geoscience") to perform a
hydrogeological evaluation of the City groundwater supplies; and
WHEREAS, as part of Geoscience's study, Carollo Engineers
("Carollo") developed a Technical Memorandum that summarized the
treatment alternatives and the preliminary cost to remove iron and
manganese from the City's water; and
WHEREAS, because of Carollo's familiarity with the City's
water system and its experience with treatment alternatives and cost
estimates, the Director of Water believes that Carollo can assist the
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1 City with the preparation of an engineering report for the Department
2 of Health Services that will comply with the requirements of
3 California Code of Regulations Title 22; and
4 WHEREAS, the Director of Water has recommended that an
5 agreement with Carollo be approved and executed; and
6 WHEREAS, the City Council of the City of Vernon has
7 determined that, pursuant to the provisions of subsection (a) of
8 Section 2.27 of the Vernon City Code, it is in the public interest and
9 necessity to enter into an agreement with Carollo.
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
11 CITY OF VERNON AS FOLLOWS:
12 SECTION 1: The City Council of the City of Vernon hereby
13 finds and determines that the recitals contained hereinabove are true
14 and correct.
15 SECTION 2: The City Council of the City of Vernon hereby
16 approves the Services Agreement with Carollo, a copy of which is
17 attached hereto as Exhibit A and incorporated by reference.
18 SECTION 3: The City Council of the City of Vernon hereby
19 authorizes the Mayor to execute said Agreement for, and on behalf of,
20 the City of Vernon and the Acting City Clerk is,hereby authorized to
21 attest thereto.
22 SECTION 4: The City Council of the City of Vernon hereby
23 directs the Acting City Clerk, or his designee, to send one fully
24 executed Agreement to:
25 Carollo Engineers
Attn. Joon Min, Ph.D., Project Manager
26 10540 Talbert Avenue, Suite 200 East
27 Fountain Valley, CA 92708
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City Clerk of the City of Vernon
--his Resolution, and thereupon and
Eull force and effect.
its 20th day of February, 2007.
IILARIO GNZA� or Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution No.
9243, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, February 20,
2007, and thereafter was duly signed fby the Mayor Pro-Tem of the City
of Vernon. t
(SEAL)
MANUELA G�RON
Acting City Clerk
==
EXHIBIT
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SERVICES AGREEMENT
This 'AGREEMENT ("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 20th day of February 2007, in the City of Vernon,
County of Los Angeles, California
BY AND BETWEEN CITY OF VERNON, a municipal
corporation, hereinafter referred to as
the "City"
4305 Santa Fe Avenue
Vernon, California 90058
AND
CAROLLO ENGINEERS, an
independent contractor, hereinafter
referred to as the "Contractor"
10540 Talbert Avenue, Suite 200 East
Fountain Valley, California 92708
RECITALS
WHEREAS, the City has determined to retain the services of an
independent contractor to prepare an engineering report on iron and manganese
treatment to be submitted to the California Department of Health Services and
WHEREAS, Contractor has prepared a scope and fee proposal dated
October 2, 2006, for the Services, a copy of which is attached hereto as Exhibit A and
incorporated by this reference (the "Proposal"); and
WHEREAS, Contractor represents that it is qualified and capable of
furnishing the labor, materials and expertise necessary to perform the Services that the
City requires, as set forth in this Agreement, and is willing to do so on the terms and
conditions set forth below; and
WHEREAS, the Contractor's cost proposal is acceptable to the City; and
WHEREAS, the City desires to enter into an agreement with Contractor to
prepare an engineering report on iron and manganese treatment to be submitted to the
California Department of Health Services on a contract basis as defined in the terms
and conditions set forth below.
Page 1 of 20
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. TERM OF CONTRACT
1.01. This Agreement will become effective on March 1, 2007 and will continue in
effect until such time as the engineering report on iron and manganese treatment
to be submitted to the California Department of Health Services is complete and
the City has received all project closeout documents, or until terminated as
provided in this Agreement.
SECTION 2. DEFINITION OF TERMS
2.01. Whenever used in the Agreement, the following terms shall mean:
A. "Agreement" shall mean that formally executed Agreement or Contract
which includes the Contract Documents attached. The Agreement
constitutes the entire agreement between the parties relating to its subject
matter.
B. "City" shall mean the City of Vernon, California, the entity which has
executed the Agreement and, where applicable, its affiliated companies,
and its officers, directors, employees, representatives and agents.
C. "Contractor" shall mean Carollo Engineers and where applicable, its
affiliated companies, and its officers, directors, employees,
representatives and agents.
D. "Contract Documents" shall include any inquiry, invitation to bid, or
proposal which may have, but not necessarily, preceded execution of the
Agreement, and including the General Provisions and all exhibits and
schedules attached to the Agreement and all plans and specifications
identified in the Contract Documents.
E. "Contract Price" shall mean the compensation set forth or provided for in
Section 4.01 of this Agreement. Whether it expressly provides for the
reimbursement of costs incurred by Contractor or simply for the payment
of a lump sum of money, it is intended to be the full and complete payment
for satisfactory completion of the Work and, unless otherwise stated, to
cover all costs whether for materials, equipment, tools, labor, services and
taxes and all overhead, rentals and profit or fee, if any.
Page 2 of 20
F. "General Provisions" or "General Conditions" shall mean the General
Provisions as set forth in this Agreement.
G. "Premises" shall mean the physical premises under City's control or
ownership where Work hereunder is to be performed.
H. "Proprietary Information" and "Confidential Information" shall mean all
information, whether written or oral, which Contractor acquires from,
through or on behalf of City, directly or indirectly, or which arises out of the
Work, concerning the Work or proprietary processes involved in the Work
including, without limitation, information concerning past, present or future
business plans of City, information about the operations of City's
Premises, and other City information or know-how obtained during the
Work, except information falling into any of the following categories:
1. Information which, at the time of disclosure hereunder, is in the
public domain;
2. Information which, after disclosure hereunder, enters the public
domain, except where such entry is the result of Contractor's or any
entity within Contractor's control breach of this Agreement;
3. Information which, prior to disclosure hereunder, was already in
Contractor's possession without limitation regarding disclosure to
others; or
4. Information which, subsequent to disclosure hereunder, is obtained
by Contractor from a third party who is lawfully in possession of
such information and not subject to a contractual or fiduciary
relationship to City with respect to said information and who does
not require Contractor to agree to refrain from disclosing such
information to others.
I. "Subcontractor' shall mean any first or lower -tier subcontractor and its
employees, representatives, agents, subcontractors or other personnel
who have been approved in the manner required by this Agreement.
J. "Work" or "Services" shall mean the work performed by Contractor and
required to be performed from time to time by City under this Agreement.
. Page 3 of 20
SECTION 3. SERVICES TO BE PERFORMED BY
CONTRACTOR
Specific Services
3.01. Contractor's Services shall include, but will not be limited to, preparing an
engineering report on iron and manganese treatment to be submitted to the
California Department of Health Services. The Contractor's Services are more
specifically detailed in the Proposal attached hereto as Exhibit "A" and
incorporated herein by this reference.
Change of Services
3.02. City may at any time, by written change order executed by the City, make
changes only to extend the Work duration and total compensation of Contractor's
Work. Only the City shall authorize changes in the scope of Work, or duties and
obligations.
3.03. City may make "Changes" by increasing, reducing or deviating from the
requirements of the scope of Work. A form of Change Order is set forth in
Exhibit B attached hereto and incorporated by reference.
Timing of Services
3.04. Contractor's Services shall commence upon the execution of this Agreement by
both parties and award by the City Council and shall end at such time as the
engineering report on iron and manganese treatment to be submitted to the
California Department of Health Services is completed and the City receives all
project close-out documents, unless this Agreement is otherwise terminated
according to Section 6 of this Agreement or extended according to the conditions
and terms set forth in this Agreement.
3.05. Time is of the essence for all Work contemplated by this Agreement. Contractor
shall start performing Services under this Agreement only after notification by the
City.
Method of Performing Services
3.06. Contractor will determine and is responsible for the method, details, and means
of performing the above -described Services.
Page 4 of 20
Status of Contractor
3.07. Contractor enters into this Agreement, and will remain throughout the term of this
Agreement, as an independent contractor. Contractor agrees that it is not and
will not become an employee, partner, agent, or principal of City while this
Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits
afforded to City's employees, including disability or unemployment insurance,
workers' compensation, medical insurance, sick leave, or any other employment
benefit. Contractor is responsible for providing, at its own expense, disability,
unemployment, and other insurance, worker's compensation, training, permits,
and licenses for itself and for its employees and subcontractors. Contractor shall
have complete and sole control over its employees, the details of the Services
and methods by which the Services are accomplished, it being understood that
City is interested only in the results to be obtained by Contractor.
3.08. Contractor has no authority to enter contracts or agreements on behalf of City.
This Agreement does not create a partnership or joint venture between the
parties.
Payment of Taxes
3.09. Contractor is responsible for paying when due all income taxes, including
estimated taxes, incurred as a result of the compensation paid by City to the
Contractor for Services under this Agreement. Contractor agrees to indemnify
City for any claims, costs, losses, fees, penalties, interest, or damages suffered
by City resulting from Contractor's failure to comply with this provision.
3.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid
by City on behalf of Contractor or for the employees of the Contractor.
Contractor shall not be treated as an employee with respect to the Services
performed hereunder for federal or state tax purposes. Contractor shall be
responsible to pay taxes mandated by law.
3.11. Since Contractor is not an employee of City, Contractor is not eligible for and
shall not participate in any employee benefit of City, including pension, health or
other fringe benefits.
Page 5 of 20
SECTION 4. COMPENSATION
4.01. In consideration for the Services to be performed by Contractor, described in
Section 3 of this Agreement, City agrees to pay Contractor the amounts specified
in the Contractor's fee proposal, on a time and material basis (the "Contract
Price").
Entire Compensation
4.02. The Contract Price is full and complete compensation, and constitutes the entire
compensation due Contractor for the Services and any and all of Contractor's
obligations hereunder. The Contract Price set forth above is not subject to
escalation for any reason except as expressly set forth in this Agreement. No
adjustments in compensation shall be made as a result of changes in the value
of any currency. The Contract Price shall only be adjusted by formal, written
Change Order or amendment to this Agreement.
Payment of Compensation
4.03. For Services rendered under Section 3 of this Agreement, Contractor shall be
entitled to receive monthly payments. Contractor shall submit to City a monthly
invoice and statement of Services, prepared in accordance with City
requirements, by the fifteenth (15th) of each month, for the prior calendar month's
completed Work. City will make payments to Contractor within thirty (30) days
after acceptance and approval of the invoice received from Contractor.
4.04. Contractor shall be responsible for paying any subcontractors used in the
performance of this Agreement. Subcontractors shall not bill the City directly.
Expenses
4.05. City shall not be liable to Contractor for any expenses paid or incurred by
Contractor. Expenses may only be billed if advance written approval has been
obtained from the City.
Compensation for Changes
4.06. The compensation due Contractor, or the credit due City, for changes may not be
established verbally, and shall be established in a written change order signed by
City as described in Sections 3.02 and 3.03 of this Agreement. Compensation
adjustments in each such change order shall be established by one or more of
the following bases, as determined by City: (a) a lump sum price to be negotiated
between the parties; or (b) Work.unit rates to be negotiated between the parties.
Page 6 of 20
Once established, the amount of the compensation due Contractor or credit due
City for a change shall not be subject to adjustment for any reason, including
changes in the value of any currency.
SECTION 5. OBLIGATIONS OF THE PARTIES
5.01. Contractor is responsible for meeting all conditions of this Agreement and City
Standards & Details for all Work performed. Substandard Work, as determined
solely by the City, shall be redone at the expense of the Contractor.
Products of Consulting
5.02. All products of consulting services including, but not limited to, manuals,
documents and/or computer software, shall become the property of the City and
shall be delivered to the City before the end of the performance of this
Agreement. Basic notes and sketches, charts, computations and other data shall
be made available to City without restriction or limitation on their use.
Liability Insurance
5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any
Work and for the duration of this Agreement, obtain and maintain at its own
expense, those minimum levels of insurance coverage as set forth below. Prior
to commencing Work hereunder, Contractor shall provide the City with proof of
insurance providing and maintaining the coverage and endorsements set forth
below. Said proof of insurance shall also provide that said policy or policies shall
not be canceled or materially reduced in coverage without giving at least thirty
(30) days prior written notice to the City.
5.04. The insurance coverage as listed herein, shall be properly endorsed to include
those contractual obligations which may be identified further within this
Agreement and shall be endorsed to provide City all the rights and privileges of
an additional insured.
5.05. Contractor shall cause its insurers to issue, including but not limited to,
Certificates of Insurance or, upon request, certified copies of the insurance
policies evidencing that the coverage and policy endorsements required under
this Agreement, are maintained in force.
Page 7 of 20
5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance
requirements as specified in this Agreement and are endorsed as additional
insured(s) on all required Contractor insurance coverage. Contractor and its
subcontractor(s), if any, shall maintain in effect the following minimum insurance
coverage on an Occurrence Form Policy:
1. Workers Compensation within the statutory limits, including occupational
illness or disease coverage in accordance with the laws of the nation,
state, territory, or province exercising jurisdiction over Contractor's
employees. Workers Compensation and Employers Liability Insurance
shall have a minimum limit of $1,000,000 per occurrence. Contractor
further agrees to hold harmless and indemnify City for any and all claims
arising out of an injury, disability, or death of any of Contractor's
employees or agents.
2. Comprehensive General Liability Insurance, including, but not limited to,
Contractual Liability, Products and Completed Operations Liability, Broad
Form Property Damage and Bodily Injury Liability, and Explosion,
Collapse and Underground Liability, with a minimum combined single limit
of $2,000,000 per occurrence.
3. Comprehensive Automobile Insurance, including, but not limited to, all
owned, non -owned or hired vehicles with a minimum combined single limit
of $1,000,000 per occurrence for bodily injury and property damage.
4. Excess Liability Insurance with limits of $2,000,000. Such evidence of
insurance can either be through the primary insurance coverage or
through an excess policy. Such insurance shall at all times be on an
occurrence form and provide policy conditions as broad as those required
in the primary insurance.
5. Professional Liability Insurance with limits of $2,000,000.
5.07. Contractor agrees to provide insurance in the amounts and forms specified
above. Contractor shall submit to the City documentation indicating compliance
with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Agreement. Contractor shall not commence
performance of its Work under this Agreement until the above insurance has
been obtained and proof of insurance has been filed with and approved by the
City.
Page 8 of 20
5.08. Contractor shall not permit a subcontractor or vendor to perform work on City
premises unless and until a certificate of insurance is obtained showing that such
subcontractor or vendor has worker's compensation coverage. If Contractor
employs subcontractors as part of the Services rendered, Contractor's protective
coverage is required. Contractor may include all subcontractors as insureds
under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth above.
Representations
5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and
hold harmless City and its elected officials, officers, agents and employees from
all claims, suits, actions, demands, damages, liabilities, expenses, judgments,
settlements, and penalties, losses, fines, and all costs and expenses incurred in
connection therewith; including reasonable attorney's fees and all costs of
defense, to the extent arising out of or attributable to the negligent or wrongful
acts of Contractor or its employees or agents under this Agreement, except to
the extent arising from or caused by the sole negligence or willful misconduct of
the City, its officers, agents or employees. The terms of this indemnity shall
survive the termination of this Agreement. The obligations in this Paragraph are
in addition to Contractor's duty to provide insurance and shall not be limited by
any limitation on the amount or type of insurance coverage carried -by Contractor.
5.10. Contractor and City represent that each has read and understands the
Agreement and Contract Documents. The Contractor represents it understands
the City's regulations concerning Premises access, badges, parking, security,
safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that
Contractor has visited Premises where the Work is to be done and is familiar with
the local conditions under which it is to be done. Contractor also represents that
it is experienced in performing and competent and qualified to perform the kind of
tasks or assignments included in the Work and employs or has available for
employment in sufficient numbers all unskilled, skilled, administrative,
supervisory, professional and managerial or other personnel required to perform
the Work as required by this Agreement.
5.11. Contractor represents that it has the qualifications and skills necessary to
perform the Services under this Agreement in a competent, professional manner,
without the advice or direction of City. This means Contractor is able to fulfill the
requirements of this Agreement. Failure to perform all the Services required
under this Agreement constitutes a material breach of the Agreement.
Contractor has complete and sole discretion for the manner in which the Work
under this Agreement will be performed.
Page 9 of 20
5.12. Contractor declares and states that is has complied with and will continue to
comply with all federal, state and local laws regarding business permits and
licenses that may be required to carry out the Services to be performed under
this Agreement.
5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all
claims, demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries and deficiencies, including interest, penalties, attorney's fees and
costs, that City may incur as a result of a breach by Contractor of any
representation or provision contained in this Agreement or any negligent or
intentional acts or omissions by Contractor, it subcontractors, agents, and
employees or based on any claim that any software program or other product
used or furnished by Contractor in the performance of this Agreement constitutes
an infringement of any United States patent or copyright.
5.14. Contractor's rights under this Agreement may not be assigned nor may its duties
be delegated or subcontracted without the prior written consent of City. Any
assignment or delegation or subcontract in violation of this Section shall, at City's
sole discretion, be void. Consent by City shall not relieve Contractor of
responsibility for performance of Contractor's obligations hereunder. City may
assign all or any part of this Agreement at any time effective immediately upon
written notification to Contractor.
5.30. At all times while Work is being performed on the Premises each party shall be
represented thereon by a designated representative. Each party may notify the
other in writing of the identity of such persons from time to time.
Work Injury
5.30. The treatment and care of injuries sustained by Contractor's employees,
subcontractors, representatives or other personnel shall be and remain the
responsibility of Contractor. City's first aid facilities, if any, however, will be made
available to Contractor's employees in emergency cases that are the direct result
of accidents occurring on the Premises. City shall incur no liability for, and
Contractor hereby agrees to indemnify City against, any causes of action, claim,
liability or costs, including attorney's fees, arising in whole or part out of the
furnishing of such first aid facilities or assistance to Contractor's employees,
subcontractors, representatives or other personnel, or out of the failure to furnish
such facilities or assistance.
Page 10 of 20
Records, Inspection and Audit
5.17. During the course of Work being performed, Contractor and any of its
subcontractors, shall maintain and retain, not less than three (3) years after
completion thereof, complete and accurate records of the Contractor's costs
which are chargeable to the City under this Agreement. City or its designated,
authorized representatives shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records
to be maintained and retained by the Contractor shall include: (a) payroll record
accounting for the total time distribution of the Contractor's employees working
full or part time on the Work (to permit tracing to payroll payments in cash); (b)
invoices for purchases, receiving and issuing documents, and all the other unit -
inventory records for the Contractor's stores, stock or capital items; (c) paid
invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems
necessary to support costs and charges under this Agreement.
Corporate Conduct
5.18. Contractor, its employees, agents or representatives shall not offer or give to an
officer, official or employee of City gifts, entertainment, payments, loans or other
gratuities to influence the award of a contract or obtain favorable treatment under
this Agreement or any other contract.
Standard of Care
5.30. Contractor agrees that all Services provided will be conducted by the principal
and competent staff members, if any, under the supervision of the principal, and
that Services will be performed and rendered diligently. Contractor represents
that it has, or shall secure, at its own expense, all personnel required to perform
Contractor's Services under this Agreement, but at all times shall be responsible
for the Services of such personnel. Contractor may not employ any
subcontractor without the prior written approval of the City.
Indemnity Process
5.20. The City shall notify Contractor in writing of any suits, claims or demands
covered by any indemnity contained in this Agreement. Promptly after receipt of
such notice, Contractor shall assume the defense of such claim with counsel
reasonably satisfactory to City. If Contractor fails, within a reasonable time after
receipt of such notice, to assume the defense with counsel reasonably
satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect
conflict of interest exists between the parties with respect to the claim, or if in the
Page 11 of 20
sole judgment of City the assumption and conduct of the defense by Contractor
would materially and adversely affect City in any manner or prejudice its ability to
conduct a successful defense, then the City shall have the right to undertake the
defense, compromise and settlement of such claim for the account and at the
expense of Contractor. Notwithstanding the above, if the City in its sole
discretion so elects, City may also participate in the defense of such actions by
employing counsel at its expense, without waiving the Contractor's obligations to
indemnify or defend. Contractor shall not settle or compromise any claim or
consent to the entry of any judgment without the prior written consent of the City
and without an unconditional release of all liability by each claimant or plaintiff to
the City.
Treatment of Confidential and Proprietary Information
5.21.. For ten (10) years after the effective date of this Agreement, Contractor shall
refrain from using any Confidential or Proprietary Information except in
connection with the Work or from disclosing it to any third party other than to
employees of Contractor who require it in performance of the Work and except to
such other third persons as City may authorize in writing. If disclosure to such an
employee or to other third persons is so authorized, Contractor shall enter into
with said party a confidentiality agreement containing provisions with respect to
use and disclosure of Proprietary Information substantially the same as those
contained in this Agreement.
5.30. Contractor shall take reasonable precautions to safeguard any documents
containing Proprietary Information that City may supply to Contractor hereunder.
Contractor may copy, in whole or part, such documents to the extent necessary
for the performance of the Work, and Contractor shall return to City upon the
completion of the Work or request by City all such documents and copies.
5.23. Except as expressly permitted by prior written consent of the City, Contractor
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. Contractor 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 Contractor has performed all Work to be performed
pursuant to this Agreement. Contractor hereby agrees that such Confidential
Information and any documents provided may be used by Contractor and/or its
subcontractors only as authorized by the City. Contractor shall include a
provision in its agreements with subcontractors that bind the subcontractors to
this non -disclosure requirement.
Page 12 of 20
5.24. All reports, plans, data, studies, maps, drawings, models, photographs,
documents and other writings prepared by and for Contractor, its officers,
employees, agents and subcontractors in the course of implementing this
Agreement, with the exception of working notes, internal documents and
Confidential Information provided by businesses located in City, shall be
considered the property of City. Contractor shall deliver such documents and
materials to the City as they are generated; however, Contractor may take and
retain copies of said documents and materials that are not Confidential
Information, as desired.
5.25. All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its Services pursuant to this Agreement
are confidential until released by the City to the public and Contractor agrees that
such documents shall not be available to any individual or organization without
the written consent of the City prior to such release.
5.26. No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of
Contractor.
Compliance with Authority
5.27. Contractor shall comply with all laws, regulations, executive orders and other
applicable requirements of any governmental agencies having jurisdiction
including the Fair labor Standards Act, the Occupational Safety and Health Act
and all those relating in any way to employment practices and protection of the
environment. Contractor shall not discriminate against any employee or any
applicant for employment for reasons of race, color, creed, religion, sex, sexual
preference, age or national origin.
5.28. Contractor shall make timely payment of all employment taxes and of all social
security and other contributions of every kind required to be made with respect to
or measured by the wages and salaries of persons employed by Contractor.
5.29. Contractor shall indemnify City against, and hold City harmless from, any liability
or loss including liability or loss from fines or penalties arising out of Contractor's
failure to perform the obligations imposed upon it by Sections 5.27 and 5.28 of
the Agreement.
Page 13 of 20
Progress Reports
5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order
to provide reports or information concerning the Services being performed by
Contractor under this Agreement.
Contractor's License Classification
5.31. Contractor shall possess all appropriate licenses for the duration of this
Agreement.
City Provided Data and Services
5.32. The City shall furnish the Contractor available studies, reports and other data
pertinent to Contractor's Services; obtain or authorize Contractor to obtain or
provide additional reports and data as required; furnish to Contractor services of
others required for the performance of Contractor's Services hereunder, and
Contractor shall be entitled to use and rely upon all such information and
services provided by the City in performing Contractor's Services under this
Agreement.
5.33. The Contractor has no control over the cost of labor, materials, equipment or
services furnished by others, or over equipment vendors' or construction
contractors' methods of determining prices, or other competitive bidding or
market conditions, practices or bidding strategies. Cost estimates are based on
the Contractor's opinion based on experience and judgment. Contractor cannot
and does not guarantee that proposals, bids or actual Project construction costs
will not vary from cost estimates prepared by Contractor.
SECTION 6. TERMINATION OF AGREEMENT
6.01. Unless otherwise terminated as provided in this Section, this Agreement will
continue in effect until such time as the engineering report on iron and
manganese treatment to be submitted to the California Department of Health
Services is complete and the City receives all project close-out documents,
unless otherwise extended according to the terms and conditions set forth in this
Agreement.
Page 14 of 20
Non -Default Termination
6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days
written notice to Contractor and such termination shall be effective in the manner
specified in such notice and shall be without prejudice to any claim that either
party may have against the other. During the thirty (30) day period after such
notice is sent, the parties shall continue to act toward each other in good faith.
6.03. In the event of any such termination, in full and complete settlement for the
termination of the Work, City shall pay Contractor for those Services performed
prior to the date of delivery of the termination notice, plus compensation for (i)
necessary Work performed during the notice period and authorized in the
termination notice, and (ii) all costs reasonably and necessarily incurred by
Contractor directly attributable to termination which could not reasonably have
been avoided and for which Contractor is not otherwise compensated that are
incurred through the date of termination and effectuating the termination
("Termination Expenses"). Termination Expenses shall not include lost profits,
lost opportunities, consequential damages, or the like. In no event shall total
payment exceed the Contract Price.
Termination on Occurrence of Stated Events
6.04. This Agreement will terminate automatically on the occurrence of any of the
following events:
A. Bankruptcy or insolvency of either party; or
B. Sale of the Contractor; or
C. Assignment of this Agreement by Contractor without City's written
consent.
Termination for Default
6.05. If Contractor defaults in the performance of this Agreement or materially
breaches any of its provisions, City may immediately terminate this Agreement
by giving written notification to Contractor indicating the effective date of such
termination. Termination will take effect immediately upon the date specified in
the notification. For the purposes. of this paragraph, material breach of this
Agreement includes, but is not limited to, the following:
Page 15 of 20
A. Contractor's failure to perform, in a manner satisfactory to the City
in its sole discretion, the Services specified in Section 3 of this
Agreement; or
B. Contractor's material breach of any obligation or provision
contained in Section 5 of this Agreement.
6.06. The waiver by either party of a breach or default by the other party shall not be
deemed a waiver of any different or later breach; nor shall any delay or omission
by either party to exercise any right it may have hereunder operate as a waiver of
any breach or default of such a right. The failure of either party to this
Agreement to exercise any of its rights under this Agreement does not constitute
a breach thereof and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach.
6.07. In the event of any termination of this Agreement or reduction in the scope of the
Work, Contractor shall not be entitled to damages for loss of profits for the
unexecuted portion of the Work or any other damages because of such
termination or reduction.
SECTION 7. GENERAL PROVISIONS
Notices
7.01. All notices, approvals, consents and other communications between the parties
shall be in writing, and shall be sent by fax or by certified mail (return receipt
requested) to the respective addresses set forth below, or at such other address
as may be furnished by either party to the other in writing. Faxed notices,
confirmed by copy thereof, shall be deemed communicated as of the day the
facsimile was sent. Mailed notices will be deemed communicated as of the day
of receipt or the third (3rd) day after mailing, whichever occurs first.
Contractor - Carollo Engineers City - City of Vernon
Attn: Joon Min, Ph.D., Attn: Manuela Giron,
Project Manager Acting City Clerk
10540 Talbert Avenue, Suite 200 East 4305 Santa Fe Avenue
Fountain Valley, CA 92708 Vernon, CA 90058
Fax: 714-593-5101 Fax: 323-826-1438
Telephone: 714-593-5100 Telephone: 323-583-8811
Page 16 of 20
Entire Agreement of the Parties
7.02. This Agreement supersedes any and all agreements, either oral or written,
between the parties with respect to the rendering of Services by Contractor for
City and contains all of the representations, covenants, and agreements between
the parties with respect to the subject matter of this Agreement and the rendering
of those Services. Each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, which are
not contained in this Agreement, and that no other agreement, statement, or
promise not contained in this Agreement or a subsequent amendment or change
order shall be valid or binding. No amendment or change in the provisions of this
Agreement shall be made, except in a formal written amendment signed by
Contractor and an authorized representative of the City, or in a written change
order. Contractor expressly waives all claims for compensation based upon
quantum meruit, implied contract or oral contract. Each party represents and
warrants that it has read and fully familiarized itself with this Agreement, and that
such party has been fully authorized to sign this Agreement.
7.03. This Agreement shall be comprised of these included provisions, together with
Exhibits A and B, which are all attached. In the event of conflict between this
Agreement and any of the exhibits, including the Proposal, this Agreement shall
prevail.
Partial Invalidity
7.04. If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will continue in full
force and effect without being impaired or invalidated in any way.
Law and Arbitration
7.05. All disputes arising out of or related to this Agreement, the conduct of either party
in connection with this Agreement, and the relationship and rights of the parties
in connection with this Agreement, whether characterized as breach of contract,
tort, or otherwise (except for those requesting injunctive relief) shall be
determined by binding arbitration in accordance with the terms of this Section.
The submittal of all matters to arbitration in accordance with the terms of this
Section is the sole and exclusive method, means and procedure to resolve any
and all claims, disputes or disagreements arising under this Agreement, except
for claims by either party which seek injunctive relief, which claims shall be
resolved by suit filed in the Superior Court of Los Angeles County, California, the
Page 17 of 20
decision of which court shall be subject to appeal pursuant to applicable law.
The parties hereby irrevocably waive any and all rights to the contrary and shall
at all times conduct themselves in accordance with the terms of this Section,
relying on arbitration as the sole means of resolution of disputes. Arbitration of
all matters required to be arbitrated hereunder shall take place before a panel of
three retired judges of the Superior Court of the State of California (the
"Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc.
("JAMS"). Such arbitration shall be initiated by the parties, or either of them,
within ten (10) calendar days after either party sends notice of a demand to
arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration
Notice shall contain a description of the subject matter of the arbitration, the
dispute with respect thereto, the amount involved, if any, and the remedy or
determination sought. Each party shall select a retired judge from the JAMS
panel, and the two selected judges shall mutually agree on the third retired judge
from the JAMS panel. If one of the parties does not select a retired judge from
the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration
Notice, JAMS will select the second judge, and the judge selected by JAMS and
the judge selected by the other party will select the third judge for the panel. The
third judge is to be selected within ten (10) calendar days following the selection
of the first two judges. The three judges will together serve as the Arbitrators.
The arbitration shall be conducted in Los Angeles, California. Any party may be
represented by counsel and/or other authorized representative. In rendering a
decision(s), the Arbitrators shall determine the rights and obligations of the
parties according to the substantive and procedural laws of the State of California
and the terms of this Agreement. The decision of the Arbitrators shall be based
on the evidence introduced at the hearing and accompanied by a written
statement of decision as to each of the principal controverted issues. The
agreement of two of the three Arbitrators as to the resolution of the dispute shall
be a conclusive resolution. The Arbitrators shall deliver the written decision to
the parties within thirty (30) calendar days following the date of the selection of
the last of the Arbitrators. The decision shall be conclusive and binding, and it
may thereafter be confirmed as a judgment by the Superior Court of the State of
California, subject only to challenge on the grounds set forth in the California
Code of Civil Procedure Section 1286.2. The validity and enforceability of the
decision of the Arbitrators is to be determined exclusively by the California
courts.
Page 18 of 20
Attorney's Fees
7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys' fees
and actual costs, which may be set by the arbitrators or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
7.07. Neither party shall be considered in default in any of its obligations under this
Agreement 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,
lightning, epidemic, war, riot, civil disturbance or disobedience, 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.
7.08. Except as may otherwise be specifically provided herein, this Agreement may be
modified or amended only by a written document executed by both Contractor
and the City and approved as to form by the City Attorney.
7.09. The captions used in this Agreement are for convenience only and shall in no
way define, limit or describe the scope or intent of the Agreement or any part
thereof.
Page 19 of 20
7.10. City reserves the right to award similar contracts to multiple contractors to ensure
the City has adequate services.
IN WITNESS WHEREOF, the parties have executed the Agreement on the dates
shown below.
Executed a
City:
City of Vernon
Name: Leonis C. Malburg, Mayor
Date:
ATTEST:
Manuela Giron
Acting City Clerk
Contractor:
Carollo EnoWeers
California,
APPROVED AS TO FORM:
Jeff A. Harrison
Acting City Attorney
Name: / GW-&*AK --Suk P
Title: P-zNE-f.
Date: If U. / o :�
1
Page 20 of 20
EXHIBIT A.
�carO��O
Is g i n Is Is s
October 2, 2006
300.20.087
City of Vernon
Department of Community Services & Water
4305 Santa Fe Ave.
Vernon, CA 90058
Attention: Mr. Scott Rigg
Water Operations Supervisor
Dedicated to creative,
responsive, quality solutions
for those we serve.
Subject: Proposal to Provide Engineering Services to Prepare an Engineering Report on Iron and
Manganese Treatment
Dear Mr. Rigg:
Thank you for your proposal request to prepare an Engineering Report on iron and manganese
treatment to be submitted to the Department of Health Services (DHS).
The focus of this project is to use available information and develop an engineering report for DHS, as
part of the City of Vernon's (City) effort to comply with iron and manganese issues in the
groundwater supply. These include:
I. Obtaining cost information on iron and manganese treatment
2. Developing an Engineering Report to be used as the basis to estimate the cost increase by the rate
payers.
3. Coordinating with the City and DHS to finalize the report and assist in providing information for
the waiver.
In 2005, Carollo Engineers (Carollo) developed a Technical Memorandum that summarized the
treatment alternatives and the preliminary cost to remove iron and manganese from the City's water,
as part of Geoscience's Groundwater Hydrology project. Thus, our team is familiar with the City's
system and has experience with the treatment alternatives and cost estimates. This will enable us to
be efficient in assisting the City with preparation of an Engineering Report.
PROJECT BACKGROUND
The City received a letter from DHS dated May 18, 2006 that summarized the required actions from
the City to address iron and manganese that exceed the secondary maximum contaminant levels
(MCLs). The letter indicated that the City is required to either comply with the MCLs or to obtain a
waiver in accordance with the California Code of Regulations (CCR) Title 22.
10540 TALBERT AVENUE, SUITE 200 EAST • FOUNTAIN VALLEY, CALIFORNIA 92708 • (714) 593-5100 • FAX (714) 593-5101
V:1CMent201VemonCI4,( WmMmVa lm%vemon LOf'-rev2.doc
Mr. Scott Rigg
City of Vernon
October 2, 2006
Page 2
In a letter dated July 10, 2006, the City replied to the DHS' May letter and proposed to conduct a
study in compliance with the CCR rather than developing a blending plan, which was suggested by
DHS as an option to address the iron and manganese issue.
The City received a follow-up letter and a copy of a memorandum from DHS dated August 3, 2006
that summarized the findings from their investigation to determine the extent of non-compliance with
the secondary MCLs for iron and manganese and the extent of consumer dissatisfaction based on the
secondary standards. As the City proposed, this memorandum states that the findings of this
investigation necessitate that the City perform a study pursuant to CCR, Title 22,
Section 64449(d) (2).
In order to obtain a waiver on treatment, the City will need to conduct a study to evaluate treatment
alternatives and develop detailed costs for iron and manganese treatment. This study will meet the
requirement under CCR and the cost information will be used as a basis for developing commodity
rate increases to be included in the mailer survey to the residents to vote whether the treatment
option should be implemented.
Tasks have been identified for completion of an Engineering Report for the purpose described above.
The study will meet the requirement for the procedure for the waiver by developing necessary
planning level costs for the customer survey.
The overall specific study objectives are:
1. Develop and update iron and manganese treatment costs prepared in 2005.
2. Prepare an engineering report to submit to DHS to satisfy a requirement for the study under CCR
Title 22.
3. Coordinate with DHS to answer any questions on the Report and assist the City to finalize the
report.
PROJECT TEAM
Carollo has worked on a number of similar projects to evaluate treatment alternatives, develop cost
estimates, and design iron and manganese treatment systems. The tools and experience that we have
developed over the years will assist the City in effectively completing this project.
Table 1 presents our proposed project team. The project will be managed from our Fountain Valley
office. Dr. Graham Juby will be the partner -in -charge for the project, while Dr. Joon Min will lead the
project team to conduct the proposed tasks. In addition, Ms. Susanna Li will assist with the cost
estimate and preparation of the engineering report.
The team members have extensive experience with treatment, water quality evaluation, and design.
Brief write-ups for the key members are presented below.
Vc\CUENnO\VERNONCr[YOFVMONMANGANEMVERNON LOP-MVIDOC
Mr. Scott Rigg
City of Vernon
October 2, 2006
Page 3
Table 1 Key Carollo Personnel
Iron and Manganese Treatment and Cost Estimates
City of Vernon
Personnel Area of Responsibility
Graham Juby, Ph.D., P.E. Partner -in -Charge
Joon Min, Ph.D.
Susanna Li, P.E.
Graham Iubv. Ph.D.. P E.
Project Manager
Project Engineer
A partner with Carollo, Dr. Graham Juby has 23 years of experience in process design for water and
wastewater treatment. He began his career researching technologies to treat polluted mine water and
other industrial effluents. His background includes experience in the design of advanced technologies
for water and wastewater treatment, and he has published or presented more than 30 technical papers
dealing with such systems. He has served as partner -in -charge on a number of groundwater treatment
projects and will provide an active technical and managerial role in the project.
Joon Min, Ph.D.
Dr. Joon Min brings a wealth of experience to our team in terms of his technical capabilities and
contacts with the California Department of Health Services (DHS), and also in his project
management skills. He has extensive process evaluation experience on groundwater contaminants,
such as iron, manganese, perchlorate, nitrate, TCE, PCE, arsenic, 1-4 dioxane, NDMA, MTBE,
perchlorate, nitrate, and other emerging contaminants. He has been involved in a number of drinking
water projects using technologies such as oxidation filtration, GAC, ion exchange, and ultraviolet
advanced oxidation process (UV AOP) processes to remove groundwater contaminants. Joon has also
served as a principal investigator for a number of AwwaRF projects. Prior to joining Carollo, Joon
worked at the Metropolitan Water District of Southern California's Water Quality Lab where he
conducted a number of pilot- and full-scale projects.
Susanna Li, P.E.
Ms. Susanna Li is an environmental engineer with Carollo and has six years of experience in
bench -scale testing, demonstration -scale testing, and process modeling. She was part of the project
team that conducted a bench -scale study for Eastern Municipal Water District (EMWD) to diagnose
the problems with one of EMWD's Menifee Desalter RO trains and to recommend solutions. Prior to
joining Carollo, Ms. Li was a project/research engineer with the United States Army-TARDEC. Her
responsibilities included planning, organizing, and coordinating research and development programs
in the areas of military field water purification, wastewater renovation, waste disposal, and water
purification equipment decontamination. She has conducted various bench -scale studies regarding
the military mobile RO purification unit, including cyanide -removal efficiencies and use of ferric
chloride to enhance the cyanide -removal efficiency of RO.
V:VM IENfZO\VEMONCrrYOKNRONMANOANEMVEMON IDP.REV2AOC
Mr. Scott Rigg
City of Vernon
October 2, 2006
Page 4
SCOPE OF SERVICES
Based on our discussion with City staff during the meeting on September 7, 2006 and based on our
understanding of the system from our previous work in 2005, we have identified six core tasks that we
propose to assist the City in satisfying the immediate needs.
A brief summary of the tasks is summarized below, and a more detailed Scope of Services (presented
in Exhibit A) provides specific details on the proposed tasks.
Task 1— Collect and Review Relevant Documents
Review relevant water quality data and correspondences with DHS on the iron and manganese
compliance issue.
Task 2 — Develop Iron and Manganese Treatment Cost Estimate
Develop and update iron and manganese treatment cost to be used in Task 3.
Task 3 — Prepare an Engineering Report to Submit to DHS
Prepare an engineering report to submit to DHS to satisfy a requirement for the study under CCR
Title 22 to get a waiver on iron and manganese treatment.
Task 4 — Proiect Meeting
Discuss the comments on the Draft Engineering Report and answer any questions to help finalize the
report.
Task 5 — Coordination with DHS
Coordinate with DHS and answer any questions on the report, incorporate comments, facilitate
communication to obtain DHS waiver on iron and manganese treatment depending on the survey
result.
Task 6 — Estimate Commodity Rate Increases and Prepare Survey Memo/Form
Estimate the commodity rate increases for specified treatment options and prepare a survey form and
a short memo to be included with the survey mailer.
WORK BREAKDOWN STRUCTURE
Our proposed work breakdown structure (presented in Exhibit B) provides the total cost for each of
the tasks: 1) collect and review relevant documents, 2) develop iron and manganese treatment cost
estimate, 3) prepare an engineering report to submit to DHS, 4) project meeting, 5) coordination with
DHS, and 6) estimate commodity rate increases and prepare survey form/memo.
V:\CLIENT20\VEMONg7YOFA PVRONMANOANWE\VEMON LOP•REW DOC
Mr. Scott Rigg
City of Vernon
October 2, 2006
Page 5
Proposed hours for completing each of the tasks are also listed in Exhibit B. All services will be billed
at our current fee schedule rate, included for reference as Exhibit C.
We would appreciate the opportunity to continue to serve the City and their staff through this
important project. We are confident that the City will benefit from our experience on groundwater
treatment and design.
Should you require any further information, please do not hesitate to contact us.
Sincerely,
,O ENGINEERS, P.C.
G. Juby, Ph.D., P.
i-Charge
GJJ/ HM:blm
Enclosures
cc: Ms. Leslie Anderson (Carollo-OCO)
JvVI ��
Joon Min, Ph.D.
Project Manager
Vc\CLIENT20\VERNONCn-YOKYVRONMANGANEMVERNON LOP•REV2.DOC
EXHIBIT A
CITY OF VERNON
ENGINEERING SERVICES TO PREPARE AN ENGINEERING REPORT
FOR IRON AND MANGANESE TREATMENT
SCOPE OF SERVICES
September 22, 2006
This Scope of Services is based on our understanding of the City's needs to address iron and manganese
concentrations in a number of wells in the City. The core scope of services is based on the tasks discussed
with the City at a meeting on September 7, 2006. The detailed Scope of Services is presented below.
SCOPE OF SERVICES
Task 1: COLLECT AND REVIEW RELEVANT DOCUMENTS
Objective: To understand the technical and regulatory requirements for the project.
1. Request the required documents for review and collect them.
2. Review relevant water quality data, drawings, and correspondence with DHS for compliance of iron
and manganese.
Task 2: DEVELOP IRON AND MANGANESE TREATMENT COST ESTIMATE
Objective: To develop and update iron and manganese treatment costs to be used in Task 3.
L Contact equipment vendors to obtain updated treatment system costs for iron and manganese
treatment and polyphosphate injection system.
2. Develop total project costs including equipment cost, site preparation, installation, contingency, etc.
to establish the current treatment cost estimate, using the costs developed in 2005 as a basis. Most of
the information has been prepared as part of a previous study, but this task will update the cost
information reflecting the changes in the materials and equipment cost in a new engineering report to
submit to DHS.
Task 3: PREPARE AN ENGINEERING REPORT TO SUBMIT TO DHS
Objective: To prepare an engineering report to submit to DHS to satisfy a requirement for the study
under CCR Title 22 to obtain a waiver on iron and manganese treatment.
1. Prepare an engineering report evaluating alternatives to comply with the secondary MCL for iron and
manganese. The alternatives will include polyphosphate injection and oxidation filtration system.
2. Summarize the treatment cost obtained from Task 2 to develop the basis for the commodity rate
increases to be used in the customer survey form.
Deliverables: Draft and Final Engineering Report — Iron and Manganese Treatment Alternatives and
Cost Estimates.
V:\clienr2O\VemonatyON-P\lr-Mangano3e\Vernm LOP.revldoc I A• 1
Task 4: PROTECT MEETING
Objective: To discuss the comments on the Draft Engineering Report and answer any questions to help
finalize the report.
1. Conduct one meeting with the City staff to present and discuss the information gathered in Tasks 1
and 2 after the Draft Final Report is issued.
Task 5: COORDINATION WITH DHS
Objective: To answer any questions from DHS, incorporate comments, facilitate communication to
obtain DHS approval for the waiver on iron and manganese treatment depending on the survey result.
I. Coordinate with DHS to answer any questions on the Engineering Report and demonstrate
compliance with the requirements for the waiver. Assume one meeting with DHS.
Deliverables: Revised Engineering Report as needed with DHS comments included with an Executive
Summary to be used as the basis for the survey mailer.
Task 6: ESTIMATE COMMODITY RATE INCREASES AND PREPARE SURVEY
MEMO/FORM
Objective: To estimate the increase in commodity rate and prepare a survey form and a short memo to be
mailed out to the customers by the City to satisfy a requirement for the waiver.
I. Using the project costs developed from Task 2 and input from the City, estimate commodity rate
increases based on the terms, total connections, interest rate, etc.
2. Prepare a survey form and a short memo describing the expected increase in the commodity rate and
the total project cost so that the customers can vote for or against the treatment project.
Deliverables: A survey form and a memo with commodity rate increases information to be included in the
survey mailer.
Assumptions
The Scope of Services is based on the following assumptions:
1. The purpose of this study is to provide the Engineering Report to satisfy part of CCR Title 22 to
obtain a waiver for iron and manganese treatment. The final decision on the waiver, however, will
depend on the customer survey, and the Report does not warrant any particular outcome of the
survey.
2. The City will provide historic water quality data including iron, manganese, and other relevant
constituents.
I The City will provide information regarding well sites to help develop construction cost information.
4. Carollo's Technical Memorandum (Treatment Alternatives and Cost Estimates - Draft 2005) will be
used as a basis for developing updated cost estimates.
5. The Engineering Report format will be based upon the format used in the Pleasant Valley Mutual
Water Company Engineering Report, dated November 1994.
6. Only one meeting will be required with DHS.
7. The City will provide assistance and information needed, such as duration, interest rate, etc., to
develop commodity rate increases for the customers.
8. The City will prepare the mailing list for the survey, collect the survey forms, and tabulate the result
to submit to DHS.
V:\client20\VemortatyOf4\lroWanganese\Vernon IAp.rev2.dm A•2
J
EXHIBIT B
EXHIBIT B
CITY OF VERNON
ENGINEERING SERVICES TO PREPARE AN ENGINEERING REPORT
FOR IRON AND MANGANESE TREATMENT
WORK BREAKDOWN STRUCTURE
N
fK
Cd
G
ti
y
Q
N
•O
U
0
a
W
�.
^
40
Task(5y
No. Task Description
.o
v�
°�
o
�
72
o
R+
(Adjusted 2006 Hourly Rate)
$215
$195
$180
$115
$77
1
Review Relevant Documents
2
16
16
8
42
$7,350
2
Treatment Cost Estimate
4
12
16
8
40
$7,000
3
Engineering Report
4
8
20
8
8
48
$7,556
4
Project Meeting
4
4
4
12
$2,360
5
DHS Coordination
4
8
8
4
24
$4,168
Estimate Commodity Rate Increases and
2
4
8
2
16
$2,804
6
Survey Memo/Form
Subtotal
20
52
72
24
14
182
$31,238
Travel (for meetings 44.5 cents/mile)
$100
PECEM
$1,547
TOTAL PROJECT COST (Tasks 1 through 6, inclusive)
$32,885
Notes:
(1)
Senior Professionals - Graham Juby.
(2)
Lead Project Professionals - Joon Min.
(3)
Project Professionals - Susanna Li.
(4)
Project Equipment and Communication Expense ($8.50/hr).
V.-Vient2O\VemonaatyOALp\jmnManganm\Vemon LOP,mvl.doc B.1
e
Exhibit "B"
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO: CONSULTANT
REQUESTED BY:
You are herebv directed to make the herein rleacrihPrl Ann Pe frnm the nri oinnl ernnP of —nrlr of thie —rP —i+
Agreement Amount (Base Bid)
.. .. .. .... ...
... .. ... ..... ..... ..... ........
$
Amount of This Change Order
$
Amount of Previous Change Orders
..
$
Total Change Orders
$
Modified Agreement Amount
........................ ....................
$
By reason of this order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the
work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
EXHIBIT
14
EXHIBIT C
CITY OF VERNON
ENGINEERING SERVICES TO PREPARE AN ENGINEERING REPORT
FOR IRON AND MANGANESE TREATMENT
CAROLLO ENGINEERS, PC
FEE SCHEDULE
As of March 1, 2006
California
Hourly Rate
Engineers/Scientists
Assistant Professional
$115.00
Professional
150.00
Project Professional
180.00
Lead Project Professional
195.00
Senior Professional
215.00
Technicians
Technicians
90.00
Senior Technicians
130.00
Support Staff
Word Processing/Clerical
77.00
Project Equipment Communication Expense (PECE) Per DL Hour
8.50
Other Direct Expenses
Travel and Subsistence
at cost
Mileage
.445/mile
Subconsultant
cost + 10%
Other Direct Cost
cost + 10%
Expert Witness
Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
V:\Client20\VernonCity0i\Lp\IronManganese\Vemon LOP.doc C-1
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 26, 2007
Carollo Engineers
ATTN: Mr. Joon Min, Ph.D., Project Manager
10540 Talbert Avenue, Suite 200 East
Fountain Valley, CA 92708
Re: Services Agreement for Study Regarding Iron and Manganese
Treatment in City Wells
Dear Mr. Min:
The insurance requirements have been met. Transmitted herewith is a
fully executed agreement as referenced above, approved by City Council
on February 20, 2007, through Resolution No. 9243.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
ery truly yours,
Melly GVbnl
Acting City Clerk
NG:dr
c: S. Kevin Wilson
Dolores Jaunzemis
Resolution No. 9243
Agreement No. 07-017