HomeMy WebLinkAboutContracts & Agreements_16-1989_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
ARBOR DRIVE STORM 1AZATER DRAIN PROJECT
CONTRACT NO. 29-6208-2130
This AGREEMENT is made and entered into this lst day of
March, 1989,
by and between City of Redlands Engineering
Services Department, herein-
after referred to as "OWNER."
and ASL Consulting Engineers
hereinafter referred to as
"ENGINEER."
In consideration of the mutual promises, covenants and con-
ditions hereinafter set forth, the parties do hereby agree as
follows:
ARTICLE 1 -- ENGAGEMENT OF THE ENGINEER
1.1 The OWNER hereby engages the ENGINEER and the ENGINEER
hereby accepts the engagement to perform engineering
services in connection with the Arbor Drive Storm Water
Drain Project, Contract No. 29-6208-2130, hereinafter
referred to as "PROJECT."
1® All work under this AGREEMENT shall be done in a pro-
fessional manner, and ENGINEER represents that he is
skilled in the professional expertise necessary to
provide high quality services under this AGREEMENT.
1 .3 The ENGINEER shall be responsible, to the level of
competency presently maintained by other practicing
professional engineers performing the same type of work
for the professional and technical soundness, accuracy
and adequacy of all studies, designs, drawings,
specifications, and other work and materials furnished
under this AGREEMENT.
ARTICLE 2-- SERVICES OF THE—ENGINEER
2.1 The ENGINEER will perform the services in connection
with the PROJECT as defined in Attachment A, Scope of
Work
ARTICLE 3 - -RESPONSIBILITIES OF-THE OWNER
3 .1 The OWNER will place at the disposal of the ENGINEER all
available information pertinent to the PROJECT,
including previous reports and any other relative data.
3 .2 The OWNER will provide access to and make all provisions
for the ENGINEER to enter upon public and private lands
as required for the ENGINEER to perform his work under
this AGREEMENT.
3 .3 The OWNER will provide all environmental assessments or
impact reports required for this project .
3 .4 The OWNER will designate in writing a person to act as
the OWNER' s representative with respect to the work to
be performed under this AGREEMENT, such person to have
complete authority to transmit instructions, receive
information, interpret and define the OWNER'S policies
and decisions with respect to materials, equipment,
elements and systems pertinent to the work covered by
this AGREEMENT.
3 .5 The OWNER will provide standard mylar sheets.
ARTICLE 4 --PERIOD OF SERVICE
4.1 The ENII-EERshall proceed with the engineering services
set forth in Article 2 in accordance with the schedule
defined in Attachment B.
4.2 The ENGINEER shall proceed with the services under this
AGREEMENT promptly and will prosecute them diligently.
ARTICLE 5 - PAYMENTS TO THE-ENGINEER
5 .1 For the services performed under Article 2, OWNER will
pay the ENGINEER on a time and materials basis at the
hourly rates shown in Attachment C, Rate Schedule. The
manhour estimates and total budgets are shown on
Attachment D, Fee Proposal .
5 .2 Payment for additional services requested by the OW14ER
will be in accordance with a separately negotiated fee
or in accordance with the hourly fees shown in
Attachment C, Rate Schedule.
5 .3 ENGINEER agrees that at the point 75-percent of budgeted
costs have been expended for each scope of the PROJECT,
the ENGINEER will notify the OWITER in writing, including
a brief report on job status, percent complete, analysis
of budget, and envisioned expenses to complete the
contractual effort . Budgets shall not be exceeded
except if previously approved by OWNER.
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5 .4 The ENGINEER shall bill the OWNER within ten days fol-
lowing the close of each month by submitting an invoice
indicating the work performed, who performed the work ,
and the detailed cost of all work including backup
material, if requested.
Payments by OWNER to ENGINEER shall be made within 30
days after receipt and approval of ENGINEER'S invoice,
by warrant payable to ASL Consulting Engineers.
All 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 should be
addressed as follows:
TO OWNER: CITY OF REDLANDS
Engineering Services Dept.
P . 0. Box 3005
30 Cajon Street
Redlands CA 92373
TO ENGINEER: ASL Consulting Engineers
10350 Commerce Center Drive
Suite 180
Rancho Cucamonga CA 91730
When so addressed, such notices shall be deemed given
upon deposit in the United States Mail. In all other
instances, notices, bills and payments shall be deemed
given at the time of actual delivery. Changes may be
made in the names and addresses of the person to whom
notices, bills and payments are to be given, by giving
notice pursuant to this paragraph.
ARTICLEE_-_I RNC AND INDEMNIFICATION
6 .1 ENGINEER shall maintain worker' s compensation insurance
and, in addition shall maintain insurance to protect
OWNER from claims for damage due to bodily injury,
personal injury, or death and claims for injury to or
destruction of tangible property while performing the
services covered by this AGREEMENT. Said public
liability and property damage insurance shall be in a
minimum combined single limit of $1,000,000 per occur-
rence. The OWNER shall be named as additional insured
on insurance coverage for public liability and property
damage. The ENGINEER shall provide OWNER with a
certificate evidencing such insurance coverage.
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6 .2 ENGINEER agrees to maintain professional liability
insurance pursuant to this paragraph to indemnify and
hold harmless OWNER from negligent acts, errors or
omissions of a professional nature. The total aggregate
of ENGINEER'S professional liability insurance coverage
shall not exceed $50,000 or ENGINEER'S total fee for the
services rendered on this PROJECT, whichever is lesser.
6 .3 ENGINEER agrees to indemnify, hold harmless and pay for
cost of defense for OWNER and their officers, agents and
employees from and against claims, loss, damage, charge
or expense, to which they or any of them may be put or
subjected to arising out of or resulting from any
negligent acts, errors, omissions, or failure to act on
the part of the ENGINEER and/or his employees, and his
contractors, in the performance of the services
described in this AGREEMENT.
ARTICLE 7 - GENERAL CONSIDERATIONS
7 .1 In the event of any legal action brought by either party
against the other to enforce any of the obligations
hereunder or arising out of any dispute concerning the
terms and conditions hereby created, the losing party
shall pay the prevailing party such reasonable amounts
for fees, costs, expenses, including attorney's fees, as
may be set by the Court .
7 .2 The ENGINEER shall not sublet or assign any of the work
covered by this AGREEMENT, except with the prior written
approval of the OWNER and in strict compliance with the
terms, provisions, and conditions of the CONTRACT.
7 .3 The key ENGINEER'S personnel proposed for this project
are as follows:
William Bayne, P.E. , Project Manager
William D. Lewis , P .E. , Principal-In-Charge
ENGINEER agrees that these key people will be made
available and assigned to the OWNER'S project, and that
they will not be replaced without concurrence from the
OWNER.
7 .4 It is understood and agreed by and between the parties
that all documents, records, drawings, designs and
specifications, cost estimates, and other project
documents developed by the ENGINEER pursuant to this
AGREEMENT shall become the property of OWNER and shall
be delivered to OWNER if and when requested upon
completion of services. Any reuse of such documents for
other projects and any use of incomplete documents will
be at the OW-NE ' s sole risk .
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7 .5 ENGINEER is for all purposes an independent contractor.
All qualified personnel provided by ENGINEER pursuant to
the provisions of this AGREEMENT are to be employed by
ENGINEER for his account only,I , and in no event shall
ENGINEER or any personnel retained by him be deemed to
have been employed by the OWNER or engaged by the OV-114ER
for the account of or on behalf of the OWNER.
7 .6 Unless earlier terminated as stipulated below, this
agreement shall terminate upon completion and acceptance
by the OWNER of all work approved for performance under
Article 2 of this AGREEMENT.
7 .7 This AGREEMENT may be terminated in writing by either
party in the event of failure by the other party to
fulfill its obligations under this AGREEMENT through no
fault of the terminating party: PROVIDING, that no such
termination may be effected unless the other party is
given (1) not less than thirty (30) calendar days
written notice (delivered by certified mail, return
receipt requested) of intent to terminate, and (2) an
opportunity for consultation with the terminating party
prior to termination .
7 .8 If this AGREEMENT is terminated by the OWNER for reasons
of default by the ENGINEER, an adjustment to ENGINEER'S
compensation shall be made, but (1) no amount shall be
allowed for anticipated profit or unperformed services,
and (2) any payment due to the ENGINEER at the time of
termination may be adjusted to the extent of any
additional costs to the OWNER occasioned by the
ENGINEER'S default. If terminations for default is
effected by the ENGINEER, the adjustment in compensation
shall provide for payment to the ENGINEER to include a
reasonable profit for services rendered and
reimbursement for expenses incurred prior to the termi-
nation, in addition to termination settlement costs
reasonably incurred by the ENGINEER relating to commit-
ments which had become firm and approved by OWNER prior
to the termination.
7 .9 Upon receipt of a termination notice, the ENGINEER shall
(1) promptly discontinue all services affected (unless
the notice directs otherwise) , and (2) deliver or other-
wise make available to the OWNER, copies of data, design
calculations, drawings, specifications, reports, esti-
mates, summaries, and such other information and mater-
ials as may have been accumulated by the ENGINEER in
performing this AGREEMENT.
_R_
7 .10 ENGINEER shall maintain books and accounts of all
project related payroll costs and all expenses and
incidental expense. Books shall be available at all
reasonable times for examination by the OWNER at the
office of the ENGINEER.
7 .11 This AGREEMENT, including attachments incorporated
herein by reference, represents the entire AGREEMENT and
understanding between the parties and any negotiations,
proposals or oral agreements are intended to be
integrated herein and to be superseded by this written
AGREEMENT. Any supplement or amendment to this AGREE-
MENT to be effective shall be in writing and signed by
the OWNER and ENGINEER.
7 .12 This AGREEMENT is to be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, duly authorized representatives of
the parties have signed in confirmation of this AGREE-
MENT.
CITY OF REDLANDS ASL CONSULTING ENGINEERS
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Date Feas wbruary 21 , 1989
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ATTACHMENT A
SCOPE OF WORK
Task 1 - Data Collection
1 . Meet with the OW14ER to review special instructions or
design constraints and to summarize ENGINEER'S under-
standing of the PROJECT requirements. A brief
memorandum will be prepared to summarize the items
discussed during the meeting and to confirm the schedule
of meetings and milestones for the project.
2. Utilities will be contacted to obtain information on the
locations and depths of their facilities, as well as
masterplanned improvements .
3 . Available mapping will be reviewed to determine
right-of-way and monurtentation information.
4. A field survey will be made to determine precise center
line control, obtain cross-sections and topographic
information, and to set control points for the aerial
survey. Typical street cross-sections will be taken to
assist in determining the street capacity for the catch
basin and storm drain design.
5 ® Aerial topographic mapping will be obtained for the
proposed storm drain from the proposed outlet to up-
stream of the existing bubbler. Mapping will be furn-
ished on a CAD disk and will be plotted at a 1" = 401
scale for use as the a base for the storm drain design
and contract plans as well as for a display presentation
to the public .
6 . Existing plans will be reviewed for the existing catch
basins to determine if the existing basins can be
utilized.
7 . Plans of the existing 30-inch drain will be reviewed to
determine overall capacity.
8. The ENGINEER will walk the project to note constraints
or conflicts not appearing on any of the field
information. Sub-areas which drain to Arbor Drive were
noted on the site review visit and may need to be
addressed.
Task 2 - Preliminary Engineering
1 . Existing utilities and rights-of-way will be plotted on
the base sheets . Prints will be sent to all affected
utility companies for conformation of facility
locations .
2 . Plan and profile base sheets will be prepared with
screened topographic information .
3 . A hydrology study will be performed to establish design
flows . Catch basin hydrology calculations will be per-
formed to locate catch basins and laterals at street
intersections . A hydrology map will be prepared to show
the design flows . The map and calculations will be
submitted for OWNER review.
4 . Storm drain sizes will be determined based on Hydraulic
calculations .
a. The hydraulic grade line (H.G.L.) control elevation
will be the pipe soffit at the channel outlet.
b. The storm drain will be at a very flat slope along
Arbor Drive. To minimize the storm drain size, the
K.G.L. may be at or above the street surface.
C . The H.G.L. at the intersection catch basins will
approximately parallel the storm drain laterals but
will be below the street surface.
d. Previous experience suggests that the top of the
storm drain will be 5 to 10 feet below the street
grade to avoid utility conflicts . The H.G.L. will
generally be below the street surface to accept
flows from, proposed catch basins .
5 . The preliminary drawings will include the following:
a. The proposed storm drain alignment, profiles, and
existing utility locations .
b. Proposed outlet location to the discharge channel .
C . Potential utility conflicts and conflicts with
private property improvements .
6 . The preliminary plans and hydrology/hydraulic calcula-
tions will be submitted for OWNER review and comment.
7 . Utility companies will be notified of potential con-
flicts, and to initiate conflict mitigation and pot-
holing requests for verification .
Task 3 - Final Engineering
1 . A preliminary plan review meeting will be held with
OWNER prior to starting final design.
2. The final project drawings will be prepared. Some of
the items to be included are listed below:
a. OWNER and utility review comments will be
incorporated;
b# structural calculations and details will be pre-
pared,
C. catch basins , junction, and transition structures
will be located and profiles drawn;
d. inlet connections, the outlet structure and energy
dissipater will be designed,
ee miscellaneous details will be prepared;
3 ® A schematic traffic control plan will be prepared per
Caltrans requirements .
4. Contract documents will be prepared for the project.
The documents will include the proposal and Special
Provisions.
5 . A Construction Cost Estimate will be prepared used on
contract plan quantities and current unit prices.
6 . The special provisions, construction cost estimate, bid
package, and final design drawings, will be submitted to
the OWNER for plan check .
7 . Final utility notices will be submitted to affected
utilities.
8. The final drawings and bid package will be revised to
reflect plan check review comments .
9 . The approved final bid package will be submitted for
contract bidding . Original plans, field notes, calcu-
lations, correspondence, and other relevant materials
will be turned over to the OVMIER.
Task 4 - Public Involvement
1. A DESIGN DEVELOPMENT MEETING will be held to provide
property owners an opportunity to provide input prior to
the preparation of the preliminary plans. A strip map
will be used for presentation purposes.
2 . AN INFORMAL PROJECT STATUS MEETING will be held to pro-
vide property owners and interested parties with the
opportunity to review the project plans. The meeting
would be held when the proposed improvements are well
defined.
ASSUMPTIONS
1 . A new soils report is not required to determine the
pavement section and trench excavation and backfill
requirements.
2 . Affected utilities will perform the potholing of facili
ties . ENGINEER will coordinate the effort.
3 . The affected utilities will prepare relocation designs
for their own facilities .
4. The 0E will provide printing and packaging of the bid
documents, advertising, and award the contract.
ATTACHMENT B
TIME OF COMPLETION
Notice to Proceed 3-15-89
Task 1 - DATA COLLECTION 4-14-89
Task 2 - PRELIMINARY ENGINEERING 4-28-89
First Public Meeting 4-25-89
Task 3 - FINAL ENGINEERING 5-24-89
Second Public Meeting 5-17-89
Bid Package For Advertisement 5-22-89
Bid Opening 6-19-89
ASL Consulting Engineers
ATTACHMENT C
1989
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Senior Principal . . . . . . . . . . . . . . . . . . $125. 00
Principal in Charge of Project . . . . . . . . . . . $100. 00
Managing Engineer/Project Manager . . . . . . . . $ 90. 00
Project Engineer/Project Coordinator. . . . . . . $ 80.00
Traffic Engineer. . . . . . . . . . . . . . . . . . . $ 75. 00
Transportation Engineer . . . . . . . . . . . . . . . $ 75. 00
Survey Coordinator . . . . . . . . . . . . . . . . . $ 65. 00
Senior Registered Engineer. . . . . . . . . . . . . . $ 72 . 00
Registered Engineer . . . . . . . . . . . . . . . . . $ 66. 00
Engineer Level II . . . . . . . . . . . . . . . . . . $ 60. 00
Engineer Level I. . . . . . . . . . . . . . . . . . . $ 55. 00
Senior Designer . . . . . . . . . . . . . . . . . . . $ 64 . 00
Designer . . . . . . . . . . . . . . . . . . . . . . $ 52 . 00
Designer/Draftsperson . . . . . . . . . . . . . . . . $ 50. 00
Construction Inspector . . . . . . . . . . $ 48 . 00
Draftsperson . . . . . . . . . . . . .. . . . . . . . $ 48 . 00
CAD Operator . . . . . . . . . . . . . . . . . . . . $ 65. 00
Junior Engineer/Designer/Draftsperson . . . . . . . . $ 36. 00
Wordprocessor . . . . . . . . . . . . . . . . . . . . $ 35. 00
Technician . . . . . . . . . . . . . . . . . . . . . . $ 25. 00
Two-Man Survey Party . . . . . . . . . . . . . . . . $125.00
Survey Travel Time . ._. . . . . . . . . . . . . . $ 60. 00
Survey Vehicle Allowance (per day) . . . . . . . . . $ 30. 00
Three-Man Survey Party Rates Quoted on Request
Reproduction, special photography, printing and any other
services performed by subcontractor, subject to prior approval by
the Client, will be billed at cost plus 150.
Reimbursable In-house Costs:
Photo Copies . . . . . . . . . . . . . . . . . . . $0.20/Each
Blueprints . . . . . . . . . . . . . . . . . . . . $0.30/sq. ft.
Postage, Delivery Service, Express Mail . . . . . At Cost
Out of Area Telephone Calls . . . . . . . . . . . At Cost
Computer Time . . . . . . . . . . . . . . . . . . $20.00/hour
Vehicle mileage, between engineer's office and project site
and/or Client offices, will be billed at $0. 30 per mile.
Court Appearance, Expert Witness Testimony,
Depositions, and Preparation of Testimony . . . . $150. 00*
*Minimum $600. 00 for half day plus expenses
NOTE: All rates are effective through January 1, 1990,
except survey rates which are effective to August 1,
1989.
These rates are based on the attached Exhibit B - Standard
Conditions of Service. Special insurance requirements carry a
fee surcharge. 1/89
EXHIBIT B
STANDARD CONDITIONS OF SERVICE
APPLICABILITY
In the absence of any formal agreement between Client and ASL Consulting En ineers &0, the following
standard conditions shall govern the professional services provided by AS`. The stand conditions apply
to all letter proposal-agreements and any contracts incorporating same.
STANDARD OF CARE
Professional services performed by ASL under this agreement will be conducted in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions. No other warranty, expressed or implied is made.
All field condition data obtained during the investigation phase and/or design phase are subject to
confirmation of conditions encountered before or during construction. Underground utilities, connections to
utilities, potential underground obstructions shall be exposed to verify their horizontal as well as
vertical position before proceeding with construction to allow for adjustments.
INSURANCE
ASL represents and warrants that it and its agents, staff and consultants employed by it are protected by
worker's compensation insurance and that ASC has coverage under public liability and property damage
insurance policies with an aggregate limit of 1,000,004 per occurrence. Costs of special insurance
required by the Client including, but not limited to, an increase in policy limits and naming additional
Insured parties on policies of AL will be charged at cost plus 10%. Certificates for all such policies of
insurance will be provided to Client upon written request.
Within the limits and conditions of such insurance, ASL agrees to indemnify and save Client harmless from
and against any loss, damage, or liability arising from any negligent acts by ASL, its ascents , and staff.
ASL shall not be responsible for any loss, damage or liability arising from any acts by Client. its agents,
staff, and other consultants employed by it.
N�ICES
ASL will submit invoices to Client as stated in the proposal or periodically and a final invoic
completion of our services. Payment is due upon presentation of invoice and is past due thirty (301 u odayns
from invoice date. Client agrees to pay a finance charge of one and one-half percent (1-112X) per month, or
the maximum rate allowed by law, on past due account.
In the event that a dispute should arise relating to the collection of fees, and should these actions result
in litigation it is agreed that the prevailing party shall be entitled to recover all reasonable costs
incurred in the defense or enforcement of the claim including staff time, court costs, attorney fees, and
other claim-related expenses.
LIMITATION OF LIABILITY
The Client agrees to limit ASL's liability to the Client, owner and all construction contractors and
subcontractors on the pro1'ect arising from ASL's negligent professional acts errors or omissions such that
the total aggregate liability of ASL to all those named shall not exceed $56,000 or ASL's total tee for the
services rendered on this project, whichever is lesser. The Client further agrees to require the contractor
and his subcontractors to execute an identical limitation of ASL's liability for damages suffered by the
negligent professional acts, errors or omissions.
PROFESSIONAL LIABILITY
If the Owner/Client requires evidence of professional liability insurance, ASL will charge for such coverage
according to the following schedule for each project:
250,000 -- 4% of the fee
500,000 -- 6% of the fee
750,004 -- 8% of the fee
1,000,000 -- 10% of the fee
Straight line interpolation is to be used for coverage falling in between the above figures. Certificates
of insurance for professional liability coverage will ire issued at $120.00 per certificate.
OWNERSHIP OF WORK PRODUCT
All reports, design, drawings, field data and notes laboratory test data, calculations estimates and other
docentsrepared by ASL, as instruments of service, shall remain the property of ASL. Upon request in
writing, ASL will provide reproducible of drawings for Client use on the designated project.
Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for,
wi11 be returned upon demand and will not be used by the Client for any purposes whatsoever.
PST SIGNS
Client agrees to include ASL Consulting Engineers as the Civil Engineer on any promotional signs placed on
the project site. If the Client does not place any promotional signs on the site, Client agrees to allow
ASL Consulting Engineers to place their own sign on the site. ASL Consulting Engineers agrees to conform to
all applicable local sign ordinances.
ATTACHMENT D
FEE PROPOSAL
MANHOUR BREAKDOWN
Task 1 - Data Collection Costs
Managing Engineer $ 90.00 X 4 hours $ 360.00
Project Engineer $ 80.00 X 2 hours 160.00
Designer $ 64.00 X 9 hours 576.00
Draftsperson $ 48.00 x 8 hours 384.00
Wordprocessor $ 35.00 x 1 hours 35.00
Two-man Survey Party $125.00 x 16 hours 2,000.00
Survey Vehicle Allowance $ 60.00 x 2 days 120.00
Materials and Supplies 25.00
Inland Aerial Surveys, Inc. 1,560.00
TOTAL TASK 1 $ 5,220.00
Task 2 - Preliminary Engineering
Managing Engineer $ 90.00 x 8 hours $ 720.00
Project Engineer $ 80.00 x 16 hours 1,280.00
Designer $ 64.00 x 24 hours 1,536.00
Draftsperson $ 48.00 x 40 hours 1,920.00
Wordprocessor $ 35.00 x 2 hours 35.00
Materials and Supplies 169.00
TOTAL TASK 2 $ 5,660.00
Task 3 - Final Engineering
Managing Engineer $ 90.00 x 8 hours $ 720.00
Project Engineer $ 80.00 x 2 hours 160.00
Designer $ 64.00 x 40 hours 2,560.00
Draftsperson $ 48.00 x 64 hours 3,072.00
Wordprocessor $ 35.00 x 12 hours 420.00
Materials and Supplies 118.00
TOTAL TASK 3 $ 7,050.00
Task 4 - Public Involvement
Managing Engineer $ 90.00 x 6 hours $ 540.00
Draftsperson $ 48.00 x 4 hours 192.00
Wordprocessor 35.00 x I hour 35.00
Materials and Supplies 3.00
TOTAL TASK 4 $ 770.00