HomeMy WebLinkAboutVeizades & Associates, Inc. 2007-10-03CXAJ- 1003,0-7
ENGINEERING SERVICES AND ASSOCIATED PROGRAMMING
LAKE MENDOCINO HYDROELECTRIC POWER PLANT — UNIT 1
THRUST BEARING OIL COOLER MODIFICATION
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this 3rd day of October 2007 ("Effective Date"),
by and. between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City and
VEIZADES & ASSOCIATES, INC., an S Corporation, organized and in good standing under the
laws of the state of California, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to Lake Mendocino Hydroelectric Power Plant
Unit 1 Thrust Bearing Oil Cooler.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
C. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A")
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
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3.1 Time 'of Completion. Consultant shall commence performance of services as required
by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete
such services within the scheduled time as indicated in Attachment "A" commencing
upon receipt of the Notice to Proceed. Consultant shall complete the work to the City's
reasonable satisfaction; even if contract disputes arise or Consultant contends it is
entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $40,000. Labor charges shall be
based upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Exhibit B, which
shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Exhibit B. Consultant shall complete the Scope of Work for the not -to -exceed
guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope -of -Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope -of -Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipate on the date they entered this Agreement.
4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub -consultants shall be included within guaranteed not -to -exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of invoice less any amount already paid to consultant, which
amounts shall be due and payable thirty (30) days after receipt by City. The invoices
shall provide a description of each item of work performed, the time expended to perform
each task, the fees charged for that task, and the direct expenses incurred and billed for.
Invoices shall be accompanied by documentation sufficient to enable City to determine
progress made and the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of Ukiah for any purpose
whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe
the method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
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Those provisions of this Agreement that reserve ultimate authority in Ukiah have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and Ukiah.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the duration of this Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with its performance under
this Agreement.
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A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 00 01 11 85.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate limit is
used, the general aggregate limit shall apply separately to the work
performed under this Agreement, or the aggregate limit shall be twice the
prescribed per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall. procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
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D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope -of -protection afforded to the City,
its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be excess
of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
3. Professional Liability Coverage
If written on a claims -made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall remain in place
for the duration of this project, and, for a period of not less than one (1)
year from final payment hereunder.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
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E. Acceptability of Insurers,
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB -1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. All
Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, after notice to Consultant that City has paid the premium, the cost of
insurance may be deducted from the compensation otherwise due the contractor
under the terms of this Contract.
G. Subcontractors
If Consultant uses subcontractors or sub -consultants, it shall cover them under
its policies or require them to separately comply with the insurance requirements
set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees to indemnify the City for any claim, cost or liability that arises
out of, or pertains to, or relates to the negligence, recklessness, or willful misconduct of
the Consultant and its agents in the performance of services under this contract, but this
indemnity does not apply to liability for damages for death or bodily injury to persons,
injury to property, or other loss, arising from the sole negligence, willful misconduct or
defects in design by the City, or arising from the active negligence of the City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Consultant include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and
all documents or reports and supportive data prepared by Consultant under this
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Agreement are owned and become the property of the City upon their creation and shall
be given to City immediately upon demand and at the completion of Consultant's
services at no additional cost to City. Deliverables are identified in the Scope -of -Work,
Attachment "A". All documents produced by Consultant shall be furnished to City in
digital format and hardcopy. Consultant shall produce the digital format, using software
and media approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub -contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
non -breaching fails to cure the breach within the time specified in the notice, the contract
shall be terminated as of that time. If terminated for lack of funds or abandonment of the
project, the contract shall terminate on the date notice of termination is given to
Consultant. City shall pay the Consultant only for services performed and expenses
incurred as of the effective termination date. In such event, as a condition to payment,
Consultant shall provide to City all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs and reports prepared by the Consultant
under this Agreement. Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder, subject to off -set for any
direct or consequential damages City may incur as a result of Consultant's breach of
contract.
7.10 Duplicate Originals. This Agreement may
bearing the original signature of the parties.
be admissible in administrative or judicial
Agreement between the parties.
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be executed in duplicate originals, each
When so signed, each such document shall
proceedings as proof of the terms of the
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH
ELECTRIC UTILITY DEPARTMENT
411 WEST CLAY STREET
UKIAH, CALIFORNIA 95482-5400
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VEIZADES & ASSOCIATES, INC.
5 THIRD STREET, SUITE 400
SAN FRANCISCO, CA 94103
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
cot
BY:
PRII
94?--Gq7-7-33
IRS IDN Number
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CITY QF— UKIAH
B, (-!
Date
7 m CITY MANAGER
EST
LINDA BROWN
CITY CLERK
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Date
�- 4e'—O'K
Date
Ukiah Hydro Unit 1 Oil Cooler Modification
Preliminary Scope of Work
Itemized below is a preliminary scope of work to be used in estimating the engineering
and project management support costs needed to modify the Ukiah Hydro Unit 1 Thrust
Bearing Oil Cooler. The attached sketch and project description should be reviewed,
along with this itemized scope in providing a lump sum estimate to perform the work.
1. Field trip to the City of Ukiah's Lake Mendocino Hydroelectric Power Plant on
Coyote Dam at Lake Mendocino. Perform field reconnaissance and review
operating records, turbine bearing specifications, electrical drawings and turbine
control logic (Allen-Bradley PLC with Intellution HMI).
2. Review proposed design as depicted on attached sketch for completeness and
functionality.
3. Calculate heat transfer requirement for external oil cooler.
4. Size auxiliary circulating oil pump.
5. Provide specifications for oil cooler, pump and motor, motor breaker, flow
switch, control and electrical wiring, valves, piping, fittings and supports.
6. Obtain price quotes for equipment, including manufacturers and lead times.
7. Produce construction drawing for retrofit including mechanical (piping, valves
and equipment), electrical (pump motor breaker and wiring) and control (turbine
start-up, shut down, alarm and trip logic for oil pump motor breaker status and/or
oil flow switch output).
8. Produce existing mechanical and electrical drawing as-builts for retrofit.
9. Produce existing control logic diagram as-builts for circulating oil pump and/or
flow switch.
10. Update Operator HMI screen and PLC logic.
11. Provide engineering support during construction and start-up testing.
The existing turbine control logic and HMI interface was provided by Westin
Engineering. It may be beneficial to utilize Westin to support the limited control logic
and HMI modifications that will be needed to incorporate the pump motor, flow switch,
alarm and trip functions. If so desired, Westin can be contacted at:
Westin Engineering, Inc.
Attn: Mr. Dewey Smith, P.E.
11150 International Drive, Suite 200
Rancho Cordova, CA 95670
Tel: 916-852-2121, ext. 3048
Fax: 916-852-2311
Cell: 916-761-3048
The following estimate has been provided by Veizades & Associates, Inc. in
association with Westin Engineering as Sub consultants.
Lump sum estimate to perform the above Scope of Work: $40,000.00
Earliest Date that project can be started: October 1, 2007
Duration in weeks to complete the engineering portion of the work: 4-6 weeks
* Based on a total of 2 -days for construction/commissioning support.
May -23-07 06:41A E_M.C_
To; Randy Kener
131 -MC
916 624-0580 P_02
Date 5/15/07
From; Stan Carver
Wood Group Field Services
Randy,
The fallowing is a brief description ofthe bearing modifications necessary
for Installing Exp Bering Coolers For Lake Mendocino Units t & 2.
Basic Set Up And Operadan Should Be Tksc Same For Roth Units.
OU would be pulled off the bottoms of the oil tub tluv a filter by an oil pump and from
the ptmnp tbru a heat exebanger. The filtered and c�ooW oil would tinea be: mcumned into
the top ofthv beating, over the dicast bearing.
The connections would W made using the existwg coil cooler fleusgn ptac. Tho coils
would be seamovad and the ail supply to the: pump would connect to ane of the Ranges
and the vibar flwW would be blinde& Tho butt a xelm agtr would be coaled using tb a
existing cold water supply and return Thr slight glass on tap of the batting would be
rcniovead and a holo an for tbo return oil to the: bearing. The exigdDg oil diaga would bey
removed to prevent foaming. it is also recommended that a flow switch be mead and
wtunactcd to the alarm/trip circuit so the: unit can't bo runt without oit to they best4. Size
and type of pump and a xchnisw abould be datmmin ed by a =nugwtunr representative.
Appr=d=., tpiy 5 to 10 gal par miauto c%mbility.
For deudis seat #tan attached drawing. Thank you.
Stan Carver
Would Group Field Services
May -23-07 06:41A E.M.C- 916 624-0680 P..03