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AGREEMENT WITH NORTHWEST HYDRAULIC CONSULTANTS, LTD.
FOR DESIGN PROFESSIONAL SERVICES
FOR
MARINA LAGOON PUMP STATION PHYSICAL HYDRAULIC MODEL STUDY This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and NORTHWEST HYDRAULIC CONSULTANTS, LTD., a corporation, (“CONSULTANT”), whose address is 30 Gostick Place, North Vancouver, BC V7M 3G3:
RECITALS:
A. CITY desires certain design professional services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these design professional services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence within two weeks of execution of this agreement and be completed on December 31, 2026.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in the amount of $233,010, pursuant to table shown in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any Design Professional Services 2024 Page 4 of 13
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applicable law or ordinance.
SECTION 16 – SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Northwest Hydraulic Consultants, Ltd.
Attn: Dale Muir
30 Gostick Place
North Vancouver, BC V7M 3G3
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Date Erik Rowland
Its Authorized Agent
President
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following tasks:
Task 1 – Model Design and Workplan
The Consultant shall prepare and submit a draft and final modeling workplan to the City for review and approval. The workplan shall include a description of the existing pump system and the pump station’s hydraulic parameters, the study objectives, a description of similitude criteria at the selected scale, potential scaling effects, testing methodology, test program (including the proposed number of tests and model modifications), documentation and instrumentation, and drawings detailing the model layout.
The model scale shall be selected to meet the scaling requirements as outlined in ANSI/HI 9.8- 2024. The physical model shall be designed and operated in adherence to the Froude criterion for dynamic similarity. It is anticipated that the model shall be constructed at an undistorted length scale of approximately 1:12, which shall be confirmed during workplan development upon receipt of all information required for model design. The final scale may be adjusted slightly to accommodate commercially available cast acrylic tubing.
The City shall provide all dimensional drawings and relevant information required for model design in PDF format and AutoCAD-compatible format if available. Task 2 – Model Construction
The Consultant shall fabricate the physical model as detailed herein. The Principal-in-Charge and Lead Modeling Engineer shall provide technical input during the model construction as required and verify that all fabrication tolerances are attained.
The physical model shall reproduce an approximately 180 ft wide section of the Marina Lagoon, extending approximately 80 ft upstream of the intake weir and including the riprapped slopes adjacent to the wet well entrance. A constant bed elevation in the lagoon of 91.0 shall be represented as a fixed bed.
The model shall include the intake weir, headwall, trash screen, and the internal geometry of the wet well, including the support columns and pump bay walls, the approximate outer diameter of the pumps, and the internal geometry of the section inlets up to the throat of the pump bells. Due to scaling limitations, the model trash screen shall be designed to simulate the headloss (open area) and flow-turning (aspect ratio) characteristic of the prototype screen rather than a direct scale of the individual bars or screen mesh.
The estimated model footprint is approximately 18 feet wide x 15 feet long x 2 feet deep. The model shall be constructed using a combination of dimensional lumber, treated and sealed with epoxy or other water-resistant coatings, and clear acrylic plastic in key areas around the pump bays, allowing for flow visualization. Internal model structures shall be fabricated to allow Design Professional Services 2024 Page 8 of 13
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adjustments as required, and to accommodate potential lowering of pumps. The model shall be capable of simulating flows up to the pump station’s capacity of 750,000 GPM. Task 3 – Model Testing
Testing shall assess the performance of the existing design, evaluate potential design modifications if unsatisfactory performance is identified, and document the proposed final design configuration.
Testing shall be conducted under steady-state conditions, maintaining a constant water level with inflow equal to outflow. The total model inflow, the individual model pump flows, and the wet well operating level shall be set in accordance with the testing program. Model measurements and instrumentation shall be in accordance with ANSI/HI 9.8-2024. Pre-swirl instrumentation shall be installed at each pump, and velocity instrumentation shall be installed at the pump expected to experience the most adverse flow conditions. The pump columns shall be designed for interchangeability to permit relocation of velocity instrumentation, if required.
A test program shall be developed as part of the modeling workplan in collaboration with the City and will include a range of operating scenarios (combinations of water levels, flow rates, and pumps in service). The test scenarios shall be based on information from the City on anticipated operating conditions, experience, and engineering judgement.
Task 3.1 – Existing Design Testing
The performance of the existing design shall be evaluated at up to four (4) operating scenarios.
The existing design (testing program shall include tests to investigate the hydraulic performance for both four and five active pump operations down to a water level of El. 95.0 ft, and single- pump operation at a water level of El. 93.0 ft.
Task 3.2 – Design Development Testing
Design development testing shall be conducted to evaluate possible geometry changes or additions to the existing configuration if unsatisfactory pump performance is identified. Design modifications shall be developed collaboratively with the City and are expected to be restricted to adding/modifying devices within the wet well (e.g., fillets, flow splitters, vanes, flow conditioners, baffles, etc.). Design development testing shall be conducted for the operating scenario(s) identified during existing design testing as providing the most adverse flow conditions to the pumps.
Task 3.3 – Witness Testing
A formal one-day witness test shall be conducted at the Consultant’s laboratory toward the end of design development testing. The witness test shall include an introductory presentation describing the model domain boundaries, scaling and similitude, model instrumentation and documentation, model testing program, and a summary of the test results collected to-date.
The presentation shall be followed by a hands-on demonstration of the model for various operating conditions, demonstrating both the existing conditions and the recommended design configuration. If requested by the City, the witness test shall include live video and audio for remote participants.
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Task 3.4 – Evaluate Lowered Pumps
The Consultant shall evaluate and adjust the vertical discharge column of the model pumps to lower the suction bell elevation and reduce the floor-to-bell clearance. The lowered pump configuration shall be evaluated for up to four (4) model tests.
Task 3.5 – Final Design Detailed Documentation Testing
Consultant shall document the performance of the final design over a range of operating conditions. Consultant shall perform a maximum of eight (8) operating scenarios which shall be evaluated as part of final design detailed documentation testing. Task 4 – Reporting
Following completion of model testing, the Consultant shall prepare a technical report (draft and final) summarizing the results of the physical model study, including details (description and drawings) of all modifications required to correct identified hydraulic anomalies or other unsatisfactory flow conditions. The report shall contain a description of the model, scaling criteria, test procedures, relevant photographs, and a complete description of the test results, including observations and tabular data.
Photographs and unedited video footage recorded during testing shall be uploaded to the project SharePoint site for City access.
The draft report shall be submitted in electronic (PDF) format within two weeks of completing model testing. The City shall provide a consolidated set of review comments within approximately one week of receipt. The Consultant shall submit the final report in electronic (PDF) format within one week of receiving the City’s comments. Task 5 – Model Decommissioning
Approximately one week following the submission of the final report, the physical model shall be dismantled and disposed of.
Task 6 – Project Management
The Consultant shall develop the project schedule, manage work progression, prepare monthly invoices, monitor task budgets, prepare monthly progress reports, and implement a quality control plan.
The Consultant shall host a project kick-off meeting and up to four (4) additional meetings to present progress updates and interim results at key milestones. These meetings will be held virtually, unless otherwise requested by the City, using Microsoft Teams and be limited to a 1- hour duration each. The Consultant shall prepare the meeting agenda, presentation, and minutes for the meeting.
At the onset of the Project, the Consultant shall set up a SharePoint site for sharing project deliverables including the work plan submittal, the model layout drawings submittal, meeting agendas and minutes, key correspondence that is evidence of the transmittal of key project Design Professional Services 2024 Page 10 of 13
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deliverables; the draft and final report submittals and select photos and unedited video footage.
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EXHIBIT B
PAYMENT RATES
Task Fee
Task 1 – Model Design and Workplan $17,910
Task 2 – Model Construction $103,230
Task 3 – Model Testing $87,030
Task 4 – Reporting $18,360
Task 5 – Model Decommissioning $6,480
Total Cost $233,010
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of Design Professional Services 2024 Page 13 of 13
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.
Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.