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HomeMy WebLinkAboutContracts & Agreements_2-2007_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES TO PROVIDE STORM DRAIN ANALYSES AND DESIGN SERVICES IN CHURCH STREET FROM SOLANO WAY TO PENNSYLVANIA AVENUE This Agreement for consulting services to perform engineering review services on development plans and maps("Agreement")is made and entered into this 2nd day of January,2007 by and between the City of Redlands,a municipal corporation("City"),and AEI-CASC Engineering, Inc. hereinafter ("Consultant") who are sometimes individually referred to herein as a "Party"and together, as the "Parties." In consideration of the mutual promises,covenants and conditions hereinafter set forth,City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide storm drain analyses and design services in Church Street from Solano Way to Pennsylvania Avenue (the "Services"), 1.2 The Services shall be performed by Consultant 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 other practicing professional consultants in the industry providing like and similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit"A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, all applicable Labor Code and prevailing wage laws commencing at California Labor Code section 1770 et. seq., and non-discrimination laws including the American's with Disabilities Act and the Fair Employment and Housing Act. 2.3 Consultant further understands that if it violates the provisions of the California Labor Code relating to prevailing wage,that City may enforce the California Labor Code by notice of the withholding of contract payments to Consultant pursuant to Labor Code sections 1726, 1727 and 1771.6. 2.4 Consultant agrees that if it executes an agreement with a subcontractor to work on this Project, that Consultant shall comply with California Labor Code section 1775 and 1777.7 including providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code, Consultant acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by the City pursuant to Labor Code sections 1775 and 1813. 1)"j l21 1 T I I)t A 1"1 ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Services. 3.2 City will make provision for Consultant to enter upon City-owned property, as required by Consultant, to perform the Services. 3.3 City designates Tom T. Fujiwara to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Attachment "B," entitled "Project Schedule." ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount ofNinety One Thousand Four Hundred Sixty Three Dollars($91,463.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "C," entitled "Service Fee," and based upon the hourly rates shown in Exhibit "D," entitled "Rate Schedule." 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the portion of the Services performed,who performed the Services and the detailed cost of all Services, including backup documentation. Payments by City to Consultant shall be made within thirty (30) days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All notices shall be made in writing and may be given by personal delivery or by mail. Notices, sent by mail shall be addressed as follows: city Consultant Tom T. Fujiwara, P.E. Ceazar Aguilar, P.E. City of Redlands AEI-CASC Engineering, Inc. Public Works Department 937 S. Via Lata, Suite 500 PO Box 3005 Colton CA 92324 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section. JJITI"'A�uree \_kfreelnelit "J';I ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration of this Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City. 6.2 A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its elected officials, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver shall not apply to any damage resulting from the negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City,its agents or employees,the obligations provided herein to indemnify,defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Consultant shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2.000,000)aggregate for public liability,property damage and personal injury is required. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Consultant,shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars($1,000,000)per occurrence and two million dollars ($2,000,000) annual aggregate. 6.5 Consultant shall have business auto liability coverage,with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant-ovvned vehicles used in connection with the Services,hired and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 3 6.6 Consultant is expressly prohibited from assigning any of the Services covered by this Agreement without the express prior written consent of City. In the event of mutual agreement between Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements prior to any Services being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.7 Consultant shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property,including costs and attorney fees,that may be asserted or claimed by any person,firm,entity,corporation,political subdivision or other organization arising out of or in connection with Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement:but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or intentionally wrongful acts of City, its officials, employees or agents. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates prevailing in San Bernardino County, California.. 7.2 All documents, records, drawings, designs, cost estimates, electronic data files, databases, and other documents developed by Consultant pursuant to this Agreement,and any copyright interest in such documents,shall become the property of City and shall be delivered to City upon completion of the Services,or upon the request of City. Any reuse of such documents and any use of incomplete documents will be at City's sole risk. 7.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services described in this Agreement. All personnel employed by Consultant are for its account only,and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. 7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 7.5 This Agreement may be terminated by the City,without cause,by providing five(5)business days prior written notice to the Consultant (delivered by certified mail, return receipt requested) of intent to terminate. Djrn At�re( ',A�Srcefliellt Al,�l Renew 7.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made,but(1)no amount shall be allowed for anticipated profit or unperformed services, and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.7 Upon receipt of a termination notice, Consultant shall (1) immediately discontinue all services affected, and(2)within five(5)days of the date of said termination notice,deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.8 Consultant shall maintain books and accounts of all payroll costs and expenses related to the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.9 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 oral agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 7.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands AEI-CASC Engineering, Inc. By: Yt. By: Ceazar ui P.E. Jon Harrison Principa Mayor Attest: C , Clerk, 0, of edlands 5 el I EXHIBIT"A" SCOPE OF SERVICES Dim AVI 'Hellew SCOPE OF WORK This scope of services has been prepared based upon our understanding of the project needs through field review, discussions with the City of Redlands staff, and review of the City's letter dated November 15. 2006 and the accompanying drainage plans, (1669-SD and 1026-SD-7,8), and our experience on previous similar projects. Should the City desire to change this work program, any such modifications may be discussed and negotiated. The work program is based upon the design for underground storm drains with an approximate length of 3,280 LF The proposed storm drain is located in Church Street extending from the existing 63-inch storm drain up to Pennsylvania Avenue in the City of Redlands. The project will include storm drain laterals in Pioneer Avenue, San Bernardino Avenue, and Pennsylvania Avenue with approximate lengths of 340 LF,400 LF and 140 LF,respectively. Phase 1 -Data Collection and Review Task Ll: Research and Data Inventory AEl-CASC's project team will gather and perform a thorough review of available drainage and street plans, drainage studies, design topographic maps, and utility plans, and other plans relevant to the design of the project. AEI-CASC will conduct field investigations to familiarize the project team with the drainage conditions, flow patterns,existing design constraints, and existing improvements in the project area. A photo album and video inventory will be prepared to document field conditions within the project site. AEI-CASC will contact the appropriate utility companies whose facilities may be impacted by the project. Discussions will include investigation into location of existing facilities, estimated costs of relocating facilities, and potential conflicts with the proposed drainage improvements. L_ Task 1.2: Design Criteria Development and Evaluation The project team will establish the necessary design criteria and standards at the approval of the City and the utility companies, which will govern the hydrologic,hydraulic,and structural design of the proposed drainage facilities. We will also prepare a detailed list of work items needed to complete the project. Phase 2-Hydrology Study Task 2.1: Review of Existing Hydrology Studies AEl-CASC will review existing hydrology studies relevant to the project area. A field investigation will be performed by the project team to verify the points of storm flow concentration, drainage boundaries, and development types. The existing City master drainage plan (MDP) hydrology calculations and hydrology map will be used for reference. Task 2.2: Mainline and Catch Basin Hydrology Study AEI-CASC will prepare a 10 and 100-year mainline and catch basin hydrology study based upon the Rational Tabling, method as described in the San Bernardino County Hydrology Manual. The Civil Design computer software will be used for the analysis. The study scope will encompass the drainage areas tributary to the Church Street storm drain based upon the ultimate development and MDP drainage boundaries. The existing MDP hydrology studies will be used to the maximum extent practical. Any discrepancy between the MDP watershed boundaries and the existing drainage boundaries will be brought to the City's attention immediately for conflict resolution. AEI-CASC will complete and submit the report described under this scope at the 75 percent submittal milestone. Phase 3- Facilities Design/Hydraulic Analysis/Final Plans Preparation Task 3.1: Design Topographic Mapping/Field Survey/Base Plan Preparation AEI-CASC's sub-consultant, LIW Photogrammetric Mapping, Inc., will prepare 1-foot aerial topographic mapping based upon a scale of I"=40'. AEI-CASC will also provide the necessary horizontal and vertical control points for the aerial mapping as well as topographic check. As described in the RFP, the City will be responsible for potholing existing utilities. However,this proposal assumes that AEI-CASC will be responsible for providing field shots (vertical and horizontal location) for potholed utilities, With the City's concurrence, AEI-CASC will provide the following field and office surveying services: • Field survey and office calculations as needed to establish aerial control points used for the aerial mapping and street centerline control/existing street right-of-way. • Field survey and office calculations to determine horizontal and vertical information for points of interest that are relevant to the design. • Cross Sections of the existing streets including curb and gutter and cur return improvements at the location of the proposed catch basins. The topographic design map will show the necessary topographic cultures including the location of all existing utilities such as sewer lines and sewer manholes, water lines and water valves, fire hydrants, blow-offs, gas lines, fiber optic and telephone lines (if any), electric lines, TV and cable lines, traffic loops, and other dry utility lines. Base plans will be prepared at a scale of I"=40' using the topographic map/field survey and utility information. Task 3.2: Horizontal and Vertical Alignment Design AEI- ASC will review thee drainage plans (1669-SD and 1026-SD-7, 8)and utility plans relevant to the project area. The location of the storm drain line and utility lines shown on the 1669-SD plans will be verified for accuracy. Horizontal centerline alignment and invert slope for the storm drain line will be designed based upon the existing design constrains of existing utilities and elevations shown on the design topographic maps. I Task 3.3: Facility Sizing/Hydraulic Analyses Based upon the mainline design flow rates, catch basin flow rates, and preliminary alignment derived under Tasks 2.1, 2.2 and Task 3.2, respectively, preliminary facility sizing analysis for the proposed facilities will be performed using the WSPG computer program. The sizing analysis will include evaluation of the preliminary size and type of the underground storm drain required to convey the ultimate 100-year storm flows. At this stage, the location of the catch basins will be identified. Catch basin sizing will be performed based upon the computed catch basin flow rates derived under Task 2.2. AEI-CASC will also identify impacts of the proposed storm drain to existing utilities and improvements, and determine existing utilities that will need to be potholed and relocated. Task 3.4: Drainage Improvement Plans Preparation With the City's approval, AEI-CASC will prepare plan and profile construction drawings at a scale of V =40' horizontal and 1" =4' vertical for the proposed drainage improvements using the City's title block. The proposed improvements will extend from the existing 63-inch RCP up to Pennsylvania Avenue, for an approximate length of 3,280 LF. The improvements will also include laterals in Pioneer Avenue, San Bernardino Avenue, and Pennsylvania Avenue, with approximate lengths of 340 LF, 400 LF and 140 LF, respectively. The plan set will consist of I title sheet, 6.5 plan and profile sheets, and 2 connector pipe profile sheets and I drainage detail sheet. The drainage plan and profile sheets will show the proposed storm drain and catch basins. The connector pipe profile sheets will show the lateral pipes and catch basin/inlet connector pipes profiles at a scale of I"=4' (horizontal and vertical). The drainage detail sheets will show the horizontal layouts for the transition structures, manholes with laterals, and junction structures. This sheet will also show details for any special catch basin/inlets and miscellaneous details as required at an appropriate scale. This scope assumes that relocation of exiting utilities will not be required. if utility relocation plans are required, then AEI-CASC will prepare a contract addendum to cover costs associated with preparing those plans. The plans will be prepared based upon the design requirements of the affected utility companies The drawings will be prepared in AutoCAD based upon the City's drafting standards. The latest WSPG computer program will be used to perform the hydraulic calculations for the system. The proposed catch basin will be sized based upon the City of Los Angeles' catch basin capacity nomographs. The City of Redlands, San Bernardino County,APWA, and Caltrans standards structures will be used in the design. AEI•CASC will complete and submit the plans described under this scope at the 75 percent submittal milestone. Task 3.5: Traffic Control/Striping Plans Preparation AEI-CASC will prepare a doubled tiered, 1''40' scale traffic control or traffic handling plans based upon the number of lanes required to be open at specific times as designated by the City of Redlands. The plans will consist of 21 layout sheets. The AWPA's Work Area Traffic Control Handbook (WATCH) will be used to prepare the plans. This scope assumes that all traffic control or traffic handling will be preformed within the street right of way and no traffic detours will be required. AEI-CASC will prepare doubled tiered, 1"=40' scale traffic delineation(striping)detail sheets. AEI-CASC will complete and submit the plans described under this scope at the 95 percent submittal milestone. Task 3.6: Drainage Technical Report AEI-CASC will prepare a drainage technical report in support of the final design plans. This report will include a technical narrative outlining the assumptions and results of the study,hydrology calculations. AEI-CASC will complete and submit this report described under the scope at the 75 Percent submittal milestone. Task 3.7: Special Provisions Preparation AEI-CASC will prepare special provisions for inclusion in the construction contract documents at the 95 percent submittal milestone. The document will be provided to the City in Microsoft Word. Phase 4- Agency Approval Tasks 4.1,4.2,4.3: Plans and Drainage Report Processing AEI-CASC will submit the plans and drainage report at the 75% (Task 4.1), 95% (Task 4.2), and 100% (Task 4.3) submittal milestones. We will perform the necessary design and drafting revisions needed to obtain plan and report approval from the City of Redlands, and affected utility companies. AEI-CASC will prepare and submit a final opinion of probable quantities for the various construction items shown on the plans at the 95%submittal milestone. Project Meetings and Coordination AEI-CASC project team will provide the necessary time to meet and coordinate with the City and affected utility companies in support of the project. Kick-off Meeting A kick-off or scoping meeting with the City will be arranged. At this meeting, AEI-CASC will present the project schedule, discuss potential areas of concern, define project scope and objectives, and establish appropriate courses of action. Project Meetings AEI-CASC will meet with City staff to review, discuss and resolve design issues. A maximum of two (22)project review meetings is provided in this proposal. Project Coordination Continuous coordination will be maintained through out the design phase of the project to insure the proposed drainage improvements to be constructed are in conformance with the City's standards. A maximum of 20 hours of project coordination time is provided in the proposal. EXCL USLOM The following work items are considered excluded from this proposal: 1. Geotechnical Study 2. Standard Specifications and Bid Documents Preparation 3. Structural Calculations 4. Environmental Permitting 5. Utility Relocation Plan Preparation 6. Street Improvement Plan Preparation for curb&gutter,paving and curb return improvements 7. Encroachment Permitting from other Agencies EXHIBIT B" Project Schedule: Engineering Consulting Services to begin on January 3, 2007 and end on May 15, 2007. rs e I t Mm \Ljr( EXHIBIT"C" Service Fee: The service fee for the scope of service outlined in the attache Exhibit A shall be a not to exceed amount of$91,463.00. AIR- EXHIBIT "D" HOURLY FEE RATE SCHEDULE AEI-CASC ENGINEERING HOURLY FEE RATE SCHEDULE January 1,2006 The following rates shall apply to services provided on a time-and-material basis. Rates reflected are hourly. _General Construction Management $128.00 President/Principal $175.00 Resident Engineer $118.00 Clerical/Miscellaneous office Work $63.00 Assistant Resident Engineer Senior Field Inspector $101.00 Field Inspector 1 $86.00 9E9 $145,00 Field Inspector 2 $95.00 Engineering Director Senior Project Manager/Project Manager $137.00 Assistant Project Manager/Senior Project Engineer $118,00 Planninz $139.00 Senior Designer/Project Engineer/Calculator $1.1.0.00 Planning Director $126.00 Design Engineer/Designer $105.00 Project Manager $118,00 CADD Designer $96�00 Senior Planner Senior CADD Drafter $89.00 Planner $105.00 CADD Drafter $68,00 Assistant Planner $90.00 Water Qualitt,Senices Survel, Engineering Director $145.00 Three Person Survey/GPS Crew $255.00 n Survey/GPS Crew $230.00 $137.00 Two Person Senior Project Manager/Project Manager Survey/GPS Crew $200.00 Assistant Project Manager/Senior Project Engineer $118.00 One Person $112.00 Senior Project Manager/Project Manager $137.00 Scientist $10L00 Survey Analyst $110,00 Senior Field Inspector Environmental Analyst I $86.00 Environmental Analyst 11 $95.00 Other $352.00 Field Inspector 1 $86.00 Litigation Consultant,'Expert Witness $32.44 Field Inspector 11 $95.00 Computer Time Two Person Sampling Crew $188.00 REIMBURSABLE EXPENSES The following expenses will be billed at cost plus 15%: Reproduction Services: Includes blueprinting,copying, printing and plotting. Inhouse plots will be billed at S6.00 jew set. The client is welcome to contract directly with at per sheet for each client set and for a final inhouse rev outside reprographic firm for those services not provided in-house. Rent Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check an( filing fees. Commercial Delivery Services: Including Express Mail,Federal Express., LIPS and independent courier services. In-House Pic ,_JJy and Delivery Services: provided by our firm will be reimbursed at $4.00 per �s: These services hour. In addition,mileage will be billed at$.55 per mile with no markup. Travel Expenses:�enses: Mileage to and from the job site will be billed at a rate of$.55 per mile with no markup and trave time for survey crews will be billed at$90.00 per hour,per man,oneway. Airfare will be billed at cost plus 159'x Per Diem: Per them for overnight stays will be billed at$134 per day,per man. If the client requires a Waiver ofStibrogation.for lVorkman's Compensation Insurance, the Wa premium for this request. The approximate amount for th4 client will be required to pay the additional insurance waiver is$250,00, A70TE: Invoicing will be submitted on a monthly,progressive cycle.