HomeMy WebLinkAboutContracts & Agreements_58-2019 P5-1.1(I.24.�9)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional engineering services ta complete 2019
capitaI irnprovement program water pipeline design {"Agz'eet�aent") is made and entered in this
2"� day of ApriI, 2019 {"Effective Date"), by anc[ between the City of RedIands, a municipal
corporation ("City") and Engineering Resaurces of Sout�aern California ("ERSC"), Inc.
("Consultant"). City and Co�asultant are sometimes individually referred to herein as a "Party"
and, together, as the "Parties." In consideration of the mutual promises contained herein, City
and Consultant agree as follows:
ARTICLE 1 —ENGAGEMENT O�' CONSULTANT
T.I City hereby engages Consultant to provide pro�essional e�gineering services to complete
2019 capitaI improvement prograrr► water pipeline design ser�ices for City (the
"Services").
1.2 The Services shall be perfarmed by Cansultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by ather practicing
professio�al consul#ants in the industry providing like and similar types of Services.
ART�CLE 2—SERV�CES OF CONSULTANT
2.I The Services t�at Cansultant shalI perform are mare particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated h�r�in by
reference.
2.2 Consultant shalf comply with applicable federal, state and local laws and regulations in
the performance o�this Agreement including, but not liz�aited to, State prevailing wage
laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consuitant in performing the Services.
3.2 Ci�y designates Paul Toor, City's Municipal Utili�ies and Engin�ering Directar, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpref and defnE City's poiicies
and decisions with respect fio performance of the Se�•�ices.
ARTICLE 4--PERFORMANCE OF SERVICES
4.1 Consultant sllalI perform and cotnplete the Services in a prompt and dilige��� manner in
accordatice with the schedule set forth in Exltibit"B," entitled "�'roject Schedule," which
is attached hei•eto and incorporated herein by reference.
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4.2 The teram of this Agreement snall commence on its Effective Date and shall terrninate on
June 30, 20I9, unless terminated earlier as provided herein.
4.3 If Consultant's Services include deliverable electronic visual presentation materiais, such
materials shaIl be delivered in a form, and made available to the City, consistent with
City Council adopted palicy for fihe same. It shall be the obligation of Corts�ltant to
obtain a capy of s�xch palicy firom City staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 TotaI compensation far Cansultant's perforcnance o£ the Services shalI not exceed the
amount of one hundred one thousand dolIars {$lO1,Q04). City shall pay Consultant on a
fime and materials based upan the hourly rates set £orth in Exhibit "C," entitled "Cost
Proposal" attached hereto and incorporated herein b�reference.
5.2 Consultant shall submit monthly invoices to City describing the Services perFormed
during the preceding month. Consultanfi's invoices shall include a 6rie�description. of the
Services pez-£or�ed, tlze dates tY�e Services were performed, the number of hours spent
and by whom, and a description of reimbursabl� �xpenses related to the Services. City
shaIl pay Cansultan# no later tk�an thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any n.otice or ather communication rec�uired, or which may be given, pursuant to this
Agree�nent, shall be in writing. Any such natice shall be deemed delivez'ed {i) on the date
of delivery in person; {ii} fve (5) days after deposit in first class registered mail, vvith
return receipf requested; (iii) on the actual delivery date if deposi#ed with an overnight
courier; or (iv) on the date sent by facsinnile, if confirmed with a copy sent
contemporaneousl� by �rst class, certified, regis�ered or express mail; in each case
praperly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with fhis s�ction:
C� Consultant
City Clerk Matt Brudin, P.E., �rincipal
City of Redlands ERSC, Inc.
35 Cajon Stree� I861 W Redlands Blvd.
P.Q. Bax 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373 matt@erscine.com
(949) 890-1255
ARTICLE 6—INSURANCE AND 1NDEMNIFICAT�ON
6.1 The follovving insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its perforrnance of the Services. Consultant shall not
perform any Services unless and �ntil the required insuranCe listed below is obtained by
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Consultant. Consultant shall provide City with certificates o�insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision pro�ibiting cancellation or madificatian of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employez-'s Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to Cifiy, or certificatian ta
City that Cansultant is self-insured or exempt frotn the workers' compensation laws
of the State of California. Consu[tant shall exect�te and provide City with Exhibit"D"
entitled "Workers' Compensation Insurance Certification," which is attached hereto
and zncozporated herein by this reference prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers accepta6le to City in th�
minirnum amount af On� Million Dollars ($1,00a,�OQ) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additianal insured and such
insurance shall be primary and non-contributing to any insurance ar self-insurance
maintainec[ by City.
C. Business Auto LiabiIity coverage, vvitY� minimum limifs ot' One Million Dollars
{$1,000,000} per occurrence, eombined single limit badiIy injury liability and
property damage liability. This coverage shall include all Consultanf awned vehicIes
used in connecfion with Cortsultant's provision of the Ser�rices, hired and nan-owned
vehicIes, and ennployee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance ar
self-insurance maintained by City.
D. Consultant is expressly prohibited t�rom assigning or subcontracting any of the
Ser�ices without the prior written canser�t of City. �n the event of mutual agreement
by the Par�ies to assign or subcontract a portion af the Services, CansuItant shall add
such assignee or subcontractor as an additianal insured ta the [nsurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Consultan� shall defend, indemnify and hold harmless City and its elected officials,
etnployees and agents firom and against any and alI cIaims, Eosses or liability, incIucting
at�orneys' �ees, arising from injury or dEath to persons or damage to praperty occasioned
by any zlegligent act or oznissian by, or the wiliful misconduct of, Cons�ltant, or its
officers, employees and agents in performing the Serv[ces.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real peopei-�y that may be the subject of this Agreement or any ather sautce of
incame, interest zn real propez�ty o�• invest�nent that would be affected in any inanner or
clegree by fhe performance of Consultant's Servic�s. Consultant fiirther covenants and
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represents that in the performance of its duties hereunder, no person k�a�ing any suc�
interest shall perform any Services under this Agreemen�.
7.2 Consultant agrees it is not a designated employe� within th� meaning of the Political
Reform Act beca�se Cor�sultant:
A. Daes nat malce a governrnental decisian whether to:
{i) apprave a rate, rule or regulatian, ar adopt or enforce a City law;
{ii) issue, deny, suspend or revoke any City permit, license, appfication,
certification, approval, order or similar authorizafiion or entitlement;
(iii) authorize City to enter into, modify ar renew a contract;
(i�) grant City approval ta a contract fihat requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval ta a pIan, design, report, study or similar item;
(vz) adopt, or grant City approval of, policies, standards or guideIines for City
or for any subdivision thEreof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or atherwise perfarm the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a positian specified in City's Canfliet of Interest Code under Government
Code section 87302.
7.3 In tiae event City detez-m.ines that Coz�sultant must disclase its �nanciai interests,
Consultant shall cnmplete and f le a Faic PoIiticai Practices Commission Form 700,
State�ent of Economic �nterests, with the City Clerk's af�ce pursuant to the written
instructions provided by the Cit�Clerk.
ARTICLE S—GENERAL CONSIDERATIONS
$.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions o�this Agreement the pr�vailing Party shatl, in addition to any costs and other
relief, be entitled to the recovery of its reasonab�e attorneys' fees, including fees for the
use of in-house caunsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the fierms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consei7t may, in t��e soie
discretian o�City,results in City's iminediate t�rminatian of this Agree�rtent.
8.3 Cansuitant is �or all purposes undee this Agreementi an independent contractor and shall
perfo�•rn the Se�•viees as an independent contractor_ Neither City nar its agents shall have
control over the cond��c� of Consultant or Consultant's employees, except as hei•ein set
fo�-th. Consultant shail supply all necessary taols and instrumentalifiies required to
perform the Services. Assigned personnel employed by Consultant are fo�• its account
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onIy, and in no event shalI Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for tHe accounfi of, ar on behalf of City. Cansultant
shall have na authority, express or implied, to act o�: bek�alf of City in any capacity
whatsoever as an agent, nar shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in ifis sole discretion, by providing not less
than five (5} days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terrriinated by City, an adjustment to Consultant's compensation shall be
znade, but (1} no amount shall be aIlowed for anticipated profit or unperfarmed Services,
and (2) any payment d�e Consultant at th� time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall imm�diat�ly discontinue its provision of
the Services and, witktin five (5) day� of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawiztgs, speci�cations, reports,
estimates, summaries and such other infor�nation and materials as may have b�en
accumulated by Cansultant in performing the Services. Consultant shall be cozx�pensated
on a pro-rata basis for Services completed up to the date of termination.
S.5 Consultan;t shall �naintain books, ledgers, in�oices, accounts and other records and
documents evidencing costs and �xpenses related to the Services for a period of three (3}
years, or for any longer period required by law, frozx� the date of final payment to
Consultant pursuant to this Agreement. Such books shalI be available at reasonable times
for examination by City at the office of Cansultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbai agreements relating to such
matters are sLiperseded by this Agreement. Except as otherwise pra�ided for herein, any
amendment to this Agreerrient shalt be in vvriting, ap�roved by City and signcd by City
an.d Consultant.
8.7 This Agreement shall be go�erned by and construed in accordance with the Iaws of the
State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declar�d invalid, void or unenforceabl� by a court of competent
jurisdiction, the same sha�l be deemed severable from the rernainder af this Agreement
and sizall nat affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so wot�ld deprive a Party of a matecial bene�t of
its bargain under this Agreernent.
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IN WiTNESS WHEREOF, d�xly authorized representati�es of City and ConsUltant have signed
i.n con�rmation of this F1,greement.
CiTY OF REDLANDS ERSC, Inc.
By.Cj� By:
Paul W. Foster, Mayor Matt Brudin, P.E., Principal
Attest:
J e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
ERSC vvill perform utiIity resea�•ch by obfiaining all utility infor�ation within the vicinity of the
subjec# alignrr�ents. Aside frorn coordinating with City staff for as-built and atlas drawings
pertaining to City owned sewer, storm drain, and domestic watec, ERSC anticipates contacting
SoCal Gas, Edison, telecommunication companies, and others as called out in the DigAlert
{USA) system. This task wilI also allow for id�ntification of Cifiy owned valves, hydz'ants,
meters, services, vauits, and znanholes.
Base Ma� Pret�aration
ERSC will prepare a base map using various sources of data. As-built utility drawings ancE street
improvement drawings in the project area will be used to incorporate existing infrastructure and
right-of way. Shapefiles provided by the City will be converted ta by ERSC to allow for
integration into the CAD base map. Items to be incorporated into the base map include existing
righ.t-of way, street center lines, lot lines, easements, available utiliti�s, and available
improvements. ERSC may also obtain any assessor parcel maps, records af survey, a�d tract
znaps �o supplernent the City provided data as needed to ensure any constraints are praperIy
identi�ec[.
Site Visit
Integral in preparing of the base map, ERSC will wa�k the proposed alignments to identify any
additional improvements and existing features that were not included in the pro�ided
information. Any additional information gathered wiil be incorporated into tk�e base nnap. USA
markings from the previous taslcs wiIl also be campared to the information in the base map for
accuracy.
Preliminarv Desi�n - 64% Desi�n
After completion af the base mapping and incozporatian of any supplerz�ental information, ERSC
vvill begin r�vork on preliminary design. Tr�vo alternafives are available tn the City in replacement
af waterlines: Remove and Replace or Abandon and Offset. It is anticipated that the Abandon
and Offset method will be utilized where�ver possible to minimized construction tirne and
interruptions in service. The horizontaI alignment wilI be develaped over the base map to allow
for analysis of the proposed construction and existing conditions.
Following incorporation of data collected plans will be presented on 24"X3b" Sheets. Given that
only plan view information will be required, ERSC estirnates �hat approximately 30 plan sheets
at a scale of 1"=40' wiIl be necessary. After compiIing informatian to the preferi•ed layout and
forinat, ERSC will submit 5 copies and an electronic set of the 60% Preliminary Design Plans to
the City for review. ERSC will schedule a design �•eview ix�eeting to al�ow for discussion af
significant comments prior to advancing design.
Detailed Desi�� � 90% Desi�n
ERSC will work ta incorporate the comments and revisions gene�•ated as a result of the b0%
subz�t�ittal and design review �neeting. At this phase, ERSC wili include constrliction notes and
details nee�ssary to support th� d�sign. It is anticipated that ERSC's cons�i•uction notes and
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details wiil reference the Czty of Redlands Water Systems Sfandard SpEci�cations, S"-I2"
Ductile Iron Pipe, and various tr�nching, protect in place, and repair notes.
This phase of design will also includ� preparafiion o�' bid dacuments including project
specifications. In an effort ta maxiinize effcienczes, ERSC will request a front-end document
boiler plate ancl sample technicaI specif cations to allow for quick adaptations to the City's
pr�ferrcd�ormatting and language.
ERSC will submit 5 copies and an electronic set of the 9Q% Design PIans and associated bid
docutx�.ents to the Czty for review. ERSC will schedule a design r��iew meeting to allaw for
discussion of signi�cant comments prior to ad�ancing design to the 100% Design Phase.
Final PS&E- 100% Desi n
ERSC will work to advance the plans and bid documents using the cornments recei�ed fram the
City's review and notes from the 90% Design revi�w meeting. At this stage an engineer's
estimate of probable construction: cast will be prepared. The estimate vvill utilize the City's
preferred format. With all comments incorporated and finaIized, the plans and bid documents
will be reviewed by ERSC QA/QC �taff. With th.e review compiete, ERSC wilI submit to the
City a final MyIar Set af plans stamped and signed by the engineer of record. Additianal band
copies, bid documents, and electranic formats of PS&E wi�l be provided as a part af the final
subznittal.
Biddin�and Construction
Pre-Sid Meeting
ERSC will attend and faciiitate the project's pre-bid tneetirzg scheduled by the City. ERSC will
provide technical support to City sfaff r�Iative to any qu�stions in the meeting.
Bidding Assistance
ERSC will take the lead in preparing bid addenda as required to provide clari�cation to contract
documents and responses to Requests For Information (RFI).
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EXHIBIT "B"
PROJECT SCHEDULE
[D ITask Name j Duration Start Finish I Aarii rot9 Ma;2�19 fune�di.
�' I . �'�28.2;7 12''17.22 27.2.7 12.11 22�2l.1 6.Il;
1 '2014 CIP Water Pi�eline Replatement Projec# 48 days wed 4/3/19 Fri 6/7�19i �
2 1.1 NTP�Kick-Off Meeting 1 day wed 4/3J19 wed 4/3/19 ➢
3 1.2 Proje�t Management and Coordination Meetings 48 days Wed 4/3/J 9 Fri 6/7/19�'�
4 1.3 lJtility Research and�ata Collection 33 days Wed 4/3�19 Frl 5/17/191', �' -
5 1.4 8ase Map Yreparation 13 days Wed 4/3/]9 Frl A�I4J19 �
b �' 1.4.1 fiegion A Base Mapping 3 days Wed A�3/I9 Fri 4�5/19I ��
7 : 1.4.2 Region B 9ase Mappng 5 days Mon 4/8119 Fri 4/12/191i �
e ; 1.4.3 Regson C Base Mapping 5 days Mon 4/15/19 Frl 4/19/19', i �
9 ! 1.5 Site Visiis{4n�Going� 39 days Wed 4/3/I9 Mon 5/27/19,
lo ;2,D-preliminary 609G Design 2U days Mvn 4/&/19 Fri 5/3/14,
il 2.1 tiegion A S days Mon 4/8/19 Fri 4/12/19 �
12 , 2.2 Region B 5 days Nfnn 4�15�19 Fri 4/19�19
13 ', 2.3 Region C 5 days Mon 4/22/19 Fri 4/2fi/19
14 I 2.4 60%City Review 15 days Mon 4/15/19 Fri 5/3/19 �
15 Y.4.1 Region A 5 days NEon 4�15�19 Fri 4�19/19 �-+
16 2.4.2 Regian 8 5 days Mon 4/22/19 Fri 4�26/19;
17 2.4.3 Region C 5 days Mon 4/29JF9 Fri 5/3�19; ' 1
IS i3.0 netaiEed 9�96 besign 20 days Man 4�22/19 Fri 5/17/14: I
19 '. 3.1 Region A 5 days Mon 4/22/I9 Fri 4�26/19I
20 i 3.2 Region B 5 days Mon 4/29/19 Fri 5/3/k9� ;
21 I 3.3 Region C 5 days Mon 5/6/19 Fri 5/lDJi4 �'rl
ZZ I 3.4 9fl9G Ciry Review 15 days Mon 4J29/19 Fri 5�17/i9 �
23 3.4.1 Region A 5 da}rs Mon 4J29/19 Fri 5/3/19,
z� 3.4.2 Regian B 5 days Mon 5/6/19 fri 5/IO/191I �
25 ':. 3.4.3 Region C 5 deys Mon 5/i3/19 Fri 5/?7J39i
26 ,q,p Final{160�)PS&E f.0 days Mon 5IZQI19 Fri 5/31J19',
27 I 4.1 Final�100%�PS&E 10 days Mon 5/20/19 Fri 5�3i/19
28 I5.0 Final(304%)PS&E City Review 5 days Mon 5/3J19 Fri 6/7�39. �
���29 ''��, 5.1 Final[1Q0%f PS&E City Heview 5 days Mon 6/3/19 Fri 6/7�19� �+
30 '6.0 Bidding Assistance TBD
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EXHIBIT "C"
COST PROPOSAL
� ,
� a � N � p � o
� �� � ` J Q�ktl "' 4 � � J
3 �a � C u �" W j .�
; 'o,cF uT Q v a � �� r
i u � � =d � � � � I � p
i]FSf.RJ€'TTQ1V ; �� ! '�zi � �, 'rn m ?
m
i --m aS a n+ �u �i p � q �
� .� I �
a.u. I .4�o l!C!L �J v� U
_� � .0 0= O N � "� [ll
I � j a�� �n � a � �
n g
220 194 185 125 100 64
U Researds and Data Coie�on 14 4 40 16 8 IO 512.00
Base Ma Pre ara[ic3n 12 4 lfi 40 4 5 9 276.00
SZe V�'t 2 12 24 16 3 7 512,00
SUBTOTAI� $ 440.00 7 220.00 1 480.d0 10 000.00 S 7 200.00 960,p0 27 300.00
Prefmna Des n-605'n�es"n 2 24 B 60 55 S i9 99200
Clelaied De5' n-9�°/a Des' n 4 24 B 48 60 S 19 932.00
Fnal PS&@-10Q%�es'n 4 24 B 48 SS 16 3 #9 444.00
€'re-Bid F1eetn 8 16 8 q 4 576.00
Siddnq Ass�stance 2 8 +F 16 $ 4 5 755.00
SUBTOTAL 2 640.00 I6 720.00 5 3$0.00 5 23 500.00 18 b00.04 5 2 560.00 59 200.00
Reimbursahle ses Re ro Plottfn Title R rks St�i in q 5pp,pp
TO7AL 101 000.00
The above-referenced hours �or the identi�ed tasks are estimates only. ERSC will conduct the
above scope on an hourly time and materials basis, aE�d will be coznpensated up to the not to
exceed amount of one hundred one thousand doliars ($141,000}.
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EXffiBIT "D"
WORKERS' COMPENSAT�ON�NSURANCE CERTIFICATION
Every ezr�ployer, except the State, shall secure the payment of campensation in one or more of
the following ways:
(a) Sy be�ng instired against liability to pay compensation by one or more insurers
duly authorized to write compensation itasurance in this State.
(b) By securi�g from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as ane employer in a group of
emp[oyers, whic�l inay be given upon furnishing proof satisfactary �o the D�rector
of Industrial Relations of a6ility to self-insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
y I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Campensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will camply with such provisions
before commencing the performance af the work and activities required ar permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activi��es required or permitted under
this Agreement, I shall not employ any person in any manner such that I becozx�e sLibject to the
workers' compensation iaws of Cal�fornia. However, at any time, if I employ any p�rson such
that I become subject to the workers' compensation iaws of Califarnia, immediateiy I shall
provide the City with a certificate of consent �o self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of Califoi-nia that the information
and representatioz�s nnade in this certi�cate are true ar►d correct.
ERSC, Inc. Date: Z� 1�
�y:
Matt Bru in, P.E., Pri�Icipal
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