HomeMy WebLinkAboutContracts & Agreements_153-2004_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES TO PROVIDE
WATER QUALITY MANAGEMENT PLAN TRAINING AND PLAN REVIEW SERVICES
This Agreement is made and entered into this 5th day of October, 2004 by and between the
City of Redlands, a municipal corporation (hereinafter"City")and AEI-CASC..Engineering, Inc.
hereinafter("Consultant").
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 and Consultant hereby accepts the engagement,to perform
engineering consulting services which are more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Services") for engineering
design services to provide Water Quality Management Plan (WQMP) Training and Plan
Review 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 specific 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 rules, 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 or
Subcontractor 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.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
I
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 of$ 121,300,00 . 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,"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,
indirect costs, and the detailed cost of all Services including backup documentation.
Payments by City to Consultant shall be made within 30 days after receipt and approval of
Consultant's invoice, by warrant payable to Consultant.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as
follows:
Ci Consultant
Tom T. Fujiwara, P.E.
City of Redlands Richard J. Sidor, P.E.
Public Works Department AEI-CASC Engineering, Inc.
PO Box 3005 937 S. Via Lata, Suite 500
Redlands, CA 92373 Colton CA 92324
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 whom notices and payments are
to be given by giving notice pursuant to this paragraph.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant for the duration
of this Project 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 work. All insurance
policies shall include a provision prohibiting cancellation of the policy except upon thirty
(30) days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
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 shall not apply to any damage
resulting from the sole 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 Comprehensive General Liability Insurance. 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 Professional Liability Insurance. 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 Business Auto Liability Insurance. 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-owned vehicles used on the Project, hired and non-owned
vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement
that City shall be named as an additional insured.
6.6 Assignment and Insurance Requirements., Consultant is expressly prohibited from
subletting or assigning any of the services covered by this Agreement without the express
written consent of City. In the event of mutual agreement between parties to sublet a
portion of the Services, Consultant shall add the subcontractor as an additional insured
and provide City with the insurance endorsements prior to any work being performed by the
subcontractor. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
6.7 Hold Harmless and Indemnification. 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 sole
negligence or intentionally wrongful acts of City, its officers, employees or agents.
ARTICLE 7 - GENERAL 1, 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.
7.2 Consultant's key personnel for the Project is Consultant agrees that this person shall be
made available and assigned to the Project and that they shall not be replaced without
concurrence from City.
7.3 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 said above described 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.
7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the consulting services 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.
7.5 Unless earlier terminated, as provided for below. this Agreement shall terminate upon
completion and acceptance by City of the Services'
7.6 This Agreement may be terminated by the City, without cause,, by providing five (5) days
prior written notice to the Consultant(delivered by certified mail,return receipt requested)of
intent to terminate.
7.7 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.
7.8 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.
7.9 Consultant shall maintain books and accounts of all Project related payroll costs and all
expenses. Such books shall be available at all reasonable times for examination by City at
the office of Consultant.
7.10 This Agreement,including the attachments 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 arguments are superseded by this
Agreement. Any amendment to this Agreement shall be in writing, approved by City
Council of City and signed by City and Consultant.
7.11 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 (Consultant)
r1-1
By: By:
ZSt?N PEPPLER RI HAR J . SIDOR , P .E . , CPESC
M 0, V�Prcipal
AEI-CASC Engineering
Attest:
City CJerk, City of*ids
G',U)CUMENTS AND SETTINGStL,_VANESSEN,AEI\I,OCAL SFTTINGS\TEMPORARY INTERNEF F1LES\0LK97\AGREE MFNT.DOC
r EXHIBIT "A"
Expanded Scope
Based upon our experience in developing training classes, we have provided the
following suggested structure for the training and plan review processes. We are flexible
and will modify the scope and fees as necessary to meet the City's needs:
Phase 1. Prepare and Present Training Session to City Staff
Phase 1A. Preliminary Meetings, Goals Development and Data
Gathering
AEI-CASC will meet with the City to refine client's goals and objectives and to modify,
if necessary,the scope of services and contract particulars.`The preliminary meetings will
help to identify training priorities,known areas of concern, communications protocols,
key contacts, etc.
Estimated time requirements: 1-2 days after execution of contract to schedule and hold
meeting(concurrent with Phase 1.2).
Phase 1.2. Prepare Training Program
AEI-CASC will develop draft WQMP training program content that targets City of
Redlands engineering and planning staff. In order to minimize training program
development costs,we will utilize and modify the training program content that we
developed and presented to the San Bernardino County Flood Control District and co-
permittees. We will revise and repackage the training program content to be presented in
a 3 hour(180 minutes) session as follows:
• The first segment(approximately 15 minutes)will comprise of an introductory
overview and an overall implementation approach.
• The second segment(approximately 75 minutes)will comprise of a review of the
main WQMP elements--Site design BMPs, Source Control BMPs and Treatment
Control BMPs.
• The third segment(approximately 45 minutes)will take class attendees through a
step-by-step review of the WQMP template. The sample projects utilized in the San
Bernardino County Flood Control District training will be modified to reflect
hypothetical Redlands projects.
• The final segment(45 minutes)will comprise of an informal "hands-on"review and
discussion of some sample plans provided by the City. In this session,we will
discuss design approaches necessary to achieve WQNIP compliance,
Estimated time requirement: 1 week.
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project depending on the size, complexity, location, and classification(category or non-
category) of the development site. AEI-CASC will advise the City when project deposits
may need to be increased in order to complete a full review of the WQMP and related
documents, and will include a justification for the increase and an estimate to complete
the review.
WQMP Review Non-Category Category Suggested Applicant
Type and Review Projects Projects Fee Deposit
Elements
Basic Review • All Non- * Home $1,300
✓ Preliminary Category Subdivision<
WQMP Review Projects not 25 Units
✓ Final WQMP meeting * Hillside
Review requirements for Individual SFR
✓ No Meetings a Standard or <— 5 acres
Complex review 9 Hillside Home
Subdivision <
2.5 acres and < 5
Units
* Commercial < I
acre
* Industrial < 0.5
acres
* Parking Lots < I
acre
OAproposals\2004\2004-0302 Redlands WOMP training and plan check\Revised Scope 9-8-2004.doc
WQMP Review Non-Category CategoryI Suggested Applicant
Type and Review Projects Projects Fee Deposit
Elements
Complex Review • Home } $5,000
✓ Preliminary i Subdivision < Add:
` —
WQMP Review 100 Knits • 15 per
✓ Interim WQMP I • Hillside additional
Review Individual SFR residential unit
✓ Final WQMP _-<20 acres above the listed
Review . Hillside Home thresholds
✓ Preliminary Subdivision < • $45 per
Engineering 10 acres and < additional acre
Report Review 20 Units _ or commercial.
✓ Interim s • Commercial :5 industrial, and
Engineering 50 acres parking lots
Report Review . Industrial _< 25 above the listed
✓ Final acres thresholds
Engineering • Parking Lots <
Report Review 10 acres
✓ Preliminary • Category
Landscape Projects listed
Report Review under Standard
✓ Final Landscape Review=and that
Report Review are adjacent to
Two Meetings (within 200 feet)
or discharging
directly to an
environmentally
sensitive area,
an area of
special
biological
significance, or
a CWA 303(4)
listed
waterbodv.
Phase 3. Prepare Orientation and Information Program for City
Council and Planning Commission Joint Session
Phase 3.1. Preliminary Meeting
AEI-CASC will meet with the City to refine client's goals and presentation objectives.
Phase 3.2. Prepare draft presentation
0:\proposals12OO4t2O04-03072 Redlands WQMP training and plan check\Revised Supe 9-8-2OO4.doc
EXHIBIT "B"
PROJECT SCHEDULE
Phase I - Prepare and Present Training Session to City Staff
The preparation and presentation of the Training Session to City staff is expected to be
completed within two months of the execution of this agreement.
Phase 2 - Review and Approve WQMPs
The review and approval of the WQMPs will be conducted as instructed by the City until the
contract amount is reached.
Phase 3 - Prepare and Present an Orientation and Information Program for the Joint Session of
City Council and Planning Commission
The preparation and presentation of an Orientation and Information Program for the joint
session of City Council and Planning Commission is expected to be accomplished within two
months of the execution of this agreement.
C:�,FWUMENTS AND Sf,-'F'I-INGSkL-VANES SEN,AEI\I,OCAI,SE'rf'1NGS',,TEMP0RARY IN'I'ERNEI'Flt-ES\O[,K97'.,,,GREEMEN-l'.r)(-)C
EXHIBIT "C"
SERVICE FEE
The fee for the services outlined in the Scope of Services in EXHIBIT"B"is$121,300.00,based on
time and materials.
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Fee Schedule
City of Redlands-WQMP Review Program Engineering Engineer
Director- Scientlatt
tarrLandscape
s
roJect
s .,.. Prince ai Manager Architect
<
Clerical Mise Task Total
hours 0 50
Phase 1.2 Pre are Draft Tres '. 0.00 000 000
ram $72.50 $0.00 $0.00 $0.00
hours 2.00 2.00 0.00 $72.50
Phase 1.3 Pre are Find T p m ��
$29000 . 0,50
hours 1.00 Q0 $0.00 $28.50
Phase 1.4 Present T P 4 0 0.00 0.50 $580.50
m $145.00 $0.00 $0.00
hours 300 0.00 $28.50 $173.50
Phase 1.5 Reimbursabtaa Estimate $435.00 0.00 0.00
$0.00
$435.00
":Addkional aM word nation thea uesfed tfle c will be AW at fF1e hou $100.00 $100.00
rates shown on the standard tee rata schedule u ales Janus 1 each r Subtotal
$1361.50
Fee&:hedkde-R,-.d 9-9 2004
MIN
AEI-CASC ENGINEERING
s HOURLY FEE RATE SCHEDULE
z.
Th January 1,2004
The following rates shall apply to services provided on atime-and-material basis. hates reflected are hourly,
ly`
President/Principal
Construction fflanagement
Clerical/Ivfiscellaneous Office Work $145.00 Resident Engineer
$1W00
$57.00
Assistant Resident Engineer
Civr`I Senior Field Inspector $107.00
Engineering Director Field Inspector i $91.00
Senior Project Manager/Project Manager $131.00 Field Inspector 2 $78.00
Assistant Project Manager/Senior Project Engineer $124.00 $86.00
Senior Designer/Project Engineer/Calculator $107,00 PI nein
Design.Engineer/Designer $100.00 Planning Director
CARD Designer $95.00 Project Manager $126.00
Senior CARD Drafter $87.00 Senior Planner $115.00
CADD Drafter $81.00 Planner $107.00
Enviroamental $62.00 Assistant Planner $95.00
$82.00
Engineering Director Su_LveX
Senior Project Manager/Praject Manager $131.00 Three Person Survey/GPS Crew
Assistant Project Manager/Senior Project Engineer $12¢00 Two Person Survey/GPS Crew $226.00
Scientist $107.00 One Person Survey/GPS Crew $194.00
Senior Field Inspector 5102.00 Senior Project Manager/Project Manager $163.00
Field Inspector 1 $91.00 Survey Analyst $124.00
Field Inspector 2 $78.00 $100.00
Two Person Sampling Crew $86.00 Other
$170.00 Litigation Consultant/Expert Witness
Computer Time $320.00
$21.00
REIMBURSABLE EXPENSES
The following expenses will be billed at cost plus I5%:
Reproduction Services: Includes blueprinting, co
per sheet for each client set and for a final in-housereviewreview set. The client is welcome to contract '
outside reprographic firm for those services not provided in house and plotting. In-house plots will be billed at$6.00
directly with an
Rental E ui ment and Fees; An
filing fees. y equipment rental and an fees advanced b our firm including
y Y
' Commercial Relive b plan check and
Services: Including Express Mail,Federal Express, LIPS and independent courier services.
` In-House Pick- and Relive
hour. In addition, Services: These services provided by our firm will be reimbursed at $42.00 per
mileage will be billed at$0.43 per mile with no markup,
Travel E_ X_ pies: Mileage to and from the job site will be billed at a rate of$.43 per mile with
time for survey crews will be billed at$90.00 per hour,per man, one-way,
Perm:Per diem for overnight stays will bbilled at$134 per da no markup and travel
Airfare will be billed at cost plus 1 S%.
y p y,per man.
Waiver l i s u insurance
anon: If the client requires a Waiver of Subrogation the client will be
additional insurance premium for this request. The approximate amount for the waiver is$250.0
NOTE.* Invoicing will be submitted on a monthl required to pay the
o.
y, progressive cycle.
i
EXHIBIT "D"
a