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HomeMy WebLinkAboutContracts & Agreements_13-1989_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE DESIGN OF THE SOUTH AVENUE WATER TRANSMISSION MAIN This AGREEMENT is made and entered into as of this 21st day of February, 1989, by and between City of Redlands Municipal Utilities Department herein after referred to as "OWNER" and Albert A. Webb Associates, 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 design of the South Avenue Water Transmission Main, which is an approxi- mately 4000 feet long, 20-inch diameter pipeline from the Highland Avenue Water Complex to the South Avenue Reservoir, hereinafter called the Project. 1 .2 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 designs, drawings, specifications, and other work and materials furnished under this AGREEMENT. -1- 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 . 2 .2 The following additional services way be provided by the ENGINEER when requested and approved by the OWNER: 1 . Construction survey 2 . Additional copies of plans and specifications 3 . Bidding Services 4® Construction services 5 . Construction Inspection services 6 . Miscellaneous services not specified elsewhere in the AGREEMENT. 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 data relative to the Project. 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 an environmental assessments or impact reports required for this project. 3 .4 The OWNER will designate in writing a person to act as the C} ER' 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. &-RnLE 4 --PER1Qq OF SERVICE 4.1 The ENGINEER shall 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. -2- ARTICLE 5 -_PAYMENTa_T(��RK__gqNaPLTANT 5 .1 For the services performed under Article 2, OWNER will pay the CONSULTANT 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 Attach ment D, Fee Proposal. 5 .2 Payment for additional services requested by the OWNER per Article 2 .2 will be in accordance with a separately negotiated fee or in accordance with the hourly fees shown in Attachment C, Rate Schedule. 5 .3 CONSULTANT agrees that at the point 75-percent of budgeted costs have been expended for each scope project, the CONSULTANT will notify the OWNER 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. 5 .4 The CONSULTANIF 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 CONSULTANT shall be made within 30 days after receipt and approval of CONSULTANI 'S herein above invoice, by warrant payable to ALBERT A. WEBB ASSOCIATES . 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 Municipal Utilities Department P . C. Box 3005 30 Cajon Street Redlands CA 92373 TO CONSULTANT: ALBERT A. WEBB ASSOCIATES 3788 McCray Street Riverside CA 92506 Attention: Sam Gershon 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 whore notices, bills and payments are to be given by giving notice pursuant to this paragraph. -3- ARTIC1LE_6_-_INaURAWE AND INDEMNIFI,��ATLON 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 a primary additional insured on insurance coverage for public liability and property damage. The ENGINEER shall provide OWNER with a certificate evidencing such insurance coverage. 6 .2 ENGINEER agrees to indemnify, hold harmless and defend OWNER and any and all of their officers, agents and employees from and against all 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 willful or negligent act or actions, omission or failure to act on the part of the ENGINEER, his contractors, his suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable 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 AGREEMENTr 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.- Sam Gershon, Principal-In-Charge David Algrantir Project Engineer -4- 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 spe- cifications, 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 OWNER' s sole risk . 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, 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 OWNER 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 (3 0) 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 addi- tional costs to the OWNER occasioned by the ENGINEER'S default. If termination 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 termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm and approved by OWNER prior to the termination. -5- 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. 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 ALBERT A- WEBB ASSOCIATES B y Mayor ------------- ice-President ----- Sam I. Gershon ATTESTDate February 14, 1989 'tity C'� ATTACHMENT A SCOPE OF WORK The Scope of Work includes the time and materials necessary to complete the first four major tasks outlined in the City's Request for Proposal (RFP) dated January 20, 1989. The Scope of Work identifies areas where Webb Associates will work closely with City staff to obtain their input. Further, we identify in the proposal the "key" activities that require immediate attention to keep the project on schedule. Task 1 Preliminary Design Webb Associates will prepare a Preliminary Design Report/Alignment Study for submittal to the City Municipal Utilities Department (MUD) . This will be a document which will address all of the items specified in Task 1 of the City's January 20, 1989 RFP. These items are listed below with a brief description of our work program for each item. Task 1.1 Establish Technical Design Criteria* Technical design criteria must be established prior to designing the proposed project. Webb Associates will coordinate with MUD staff to develop recommendations for the transmission waterline. The types of design criteria which will be established include: • Water Pipeline Type and Materials, • Pipe Pressure Class, • Mainline Valve Type and Spacing Requirements, 0 Blow-off and Air Valve Sizing Criteria, • Cathodic Protection Considerations, • Telemetry Considerations (Direct Burial Cable) , • Bedding and Backfill Requirements, 0 Control Valve Considerations, and • Inter-ties and Connections. Task 1.2 Preliminary Utility Research* This subtask entails the collection and review of data with respect to existing and proposed public utilities located along the alignment of the transmission waterline. This step identifies potential "constraints" with regard to waterline location. Requires-input from City staff A-1 4/REP-4/89-24 We will collect and review data from the following sources: • Assessor's Map Books, • Record Maps, • City of Redlands MUD (water, sewer, storm drain, traffic signals) , • San Bernardino County Flood Control (if applicable) , • Southern California Edison Company, • Southern California Gas Company, • General Telephone Company, • the Local Cable Television Purveyors, and • CalTrans. The data collected will determine the location of existing and proposed public utilities within the waterline alignment. This information will be used to establish the horizontal and vertical layout for the water line. Task 1.3 Determine Locations of Utilities Requirement "Potholing" Data gathered in Task 1.2 will be used to determine the locations of utilities requiring potholing. Task 1.4 Establish Horizontal and Vertical Layout Criteria:* A meeting with the City will be necessary to discuss horizontal and vertical layout criteria. This task will become especially important should unusual constraints be discovered in work completed during Tasks 1.2 and 1.3 Task 1.5 Prepare Typical Street Cross Sections Typical cross sections showing the proposed location of the waterline in relation to other utilities and other possible constraints will be prepared. The number of cross sections to be prepared will be determined after completion of Task 1.2 and a field investigation of the existing conditions. Task 1.6 Prepare Preliminary Alignment Plan After the design survey in Task 2 has been completed, preliminary alignment ("red-line") layouts will be prepared. These preliminary alignment drawings will indicate the locations of existing and proposed public utilities based on data gathered in Tasks 1.2 and 1.3 These drawings will identify areas which could accommodate the waterline. Locations and elevations of the existing system will be examined to determine methods for connecting into the proposed transmission waterline. The preliminary alignment will be plotted at a scale of 1"=40' and will show the "land net", centerlines of roadways, and utilities. *Requires input from City staff. A-2 4/'REP-4/189-24 Task 1.7 Prepare Rough Sketches of Special Appurtenances* Rough sketches of appurtenances required for the proposed project which are not covered by City of Redlands MUD standard drawings will be prepared for consideration in the preliminary design. Task 1.8 Select Proposed Pipe Materials* The type, size, and class of pipeline materials to be used for this project will be selected under this task. Webb Associates will formulate recommendations for the MUD to consider with respect to pipe materials. We will coordinate the final selection of materials with MUD. Task 1.9 Identify Special Construction Conditions The Alignment Study/Preliminary Design will address any unique construction conditions pertaining to the project. Based on a preliminary field review of the area outlined on the Location Map provided in the January 20, 1989 RFP, the following four potential concerns were identified: • Traffic control in the vicinity of Ford Street and Freeway on/off ramps, • Right-of-way/easement status along proposed alignment, • Interfacing of new development east of Ford Street with proposed pipeline alignment, and • Construction "working room" and existing facility constraints (i.e. existing underground waterlines, etc. ) . Task 1.10 Identify Permits Required" Obtaining some of the necessary permits for a project of this size is generally a task which requires a long lead time. We would initiate this process early in our work effort. The proposed waterline alignment crosses the I-10 Freeway on/off ramps at Ford Street. We anticipate that construction permits may be needed from CalTrans and the City of Redlands. Task 1.11 Identify Easements Required" We understand that MUD may have easements for its existing lines which are outside public rights-of-way. We will coordinate with the City to verify any existing easements and determine if additional easements (construction and/or permanent) are required. The necessary legal descriptions and plats will then be prepared. Webb Associates would not be involved in the actual acquisition of easements for the City. If additional easements must be acquired, we recommend the City retain the services of a Right-of-Way Agent specializing in this activity. Requires input from City staff. **Key activity item requiring immediate action. A-3 4/REP-4/89-24 Identifying new easements to be acquired is a key activity requiring immediate attention to minimize potential delays associated with acquisition negotiations. 1.12 Prepare Preliminary Construction Cost Estimate Based on the preliminary layout of the proposed transmission waterline, a preliminary construction cost estimate for the proposed facilities will be prepared. The preliminary cost estimate will consist of a detailed breakdown of the quantity of materials required and including a line item for construction contingencies. Task 2 Design Survey The design survey for the South Avenue Water Transmission Main will be prepared by licensed land surveyors on staff with Albert A. Webb Associates. Task 2.1 Establish Horizontal and Vertical Control* Webb Associates staff will research record maps and perform the calculations necessary to locate survey monuments within the area of the waterline alignment. Once this has been completed, Webb staff will perform a field survey to set ground control targets for an aerial survey. Task 2.2 Aerial Surveys" After the ground controls have been set, an aerial survey of the proposed alignment will be completed by Aero Tech Surveys. The topography of the waterline alignment will be plotted on mylar base maps at a sacle of 1" = 40' with a 1' contour interval. This base map will be used to design the transmission waterline. Task 2.3 Field Survey to "Tie-In" Potholed Utilities This task will be closely coordinated with City of Redlands MUD staff. Webb proposes to assist City staff in coordinating the excavation of existing underground utilities either by City forces or by a private contractor retained by the City. We also propose to assist City staff in "tying-out" the location of potholed utilities on pavement and/or temporary offset stakes adjacent to the actual pothole. Our survey crews will complete the field survey to "tie-in" the potholed utilities both horizontally and vertically. Requires input from City staff, such as Record Maps, etc. **Key activity item requiring immediate action. A-4 4/REP-4/89-24 Task 2.4 Prepare Design Mylars The land net and all utilities identified in Tasks 1.2, 1.3, and 2.3 will be plotted on the mylar base maps generated in Task 2.2 Task 3 Geotechnical Study* Leighton & Associates, a professional geotechnical consulting firm under contract with Webb Associates, will conduct field boring exploration (4-5 bore holes) , lab tests, and letter report for the selected pipeline alignment. Task 4 Final Design After the preliminary design report has been submitted and approved by the City, Webb Associates will finalize the water pipeline design. Task 4.1 Prepare Construction Drawings Webb Associates will prepare construction drawings on City standard plan and profile sheets. The construction drawings will be prepared at a 1" = 40' horizontal scale and 1" = 4' vertical scale showing all appropriate details. Task 4.2 Prepare Project Specifications Project specifications pursuant to City of Redlands and APWA Standard "Green Book" Specifications will be prepared. In the event the project requires technical specifications not covered by City and/or "Green Book" standards or deviate from such, we will prepare specifications to cover the necessary items. Webb Associates will also prepare: • Bid Schedule and Quantity Take-Off, and • Engineer's Construction Cost Estimate. Task 4.3 Obtain Permits* This task is essentially a continuation of the work undertaken in Task 1.10. We will finalize the process to obtain necessary construction permits for this project. The actual cost of the permit is presumed to be borne by the City. *Requires input from City staff. A-5 4/REP-4/89-24 ATTACHMENT B b A ■ r ■ 0 /9 t ■ ■ : NOUN lV u in in !— z W Q � : � ■ J � ■ W 0 a ■ ■ = N ■ ■ V � N ■ ■ : ■ V Z W Q ti ■ ■ O H ■ ■ ■ cc o a Nil I Q3 � ■ J W o m LuZ "� ■ CC W W > O Q e, ■ 00 � ■ ■ N r ■ ■ 8 it/ = Z LOW t! L 03 so aulrmv 00 W t Z _ I.- y W i7� d � d t �_ � H Z F t da V 7W Iwo z OC Z ILW o" WF J (7 40 p Q o J rj .a � j 00 IA o W 4Z us 4c W o= z= _Z IL m W Q = n Q WW �J Q' d� o �W = 00 L 5C as wx W bQ v� d W O W W W_ d_n it W F O� 1! L_7 W � f= W 0 H O WJ F 'a J¢ Q� OA -$ � =o ~ �! cc at v 7� VOID W� W ~ C9W W t O d v Z n d u 89-24 B-1 r. ATTACHMENT C RATE SCHEDULE OFFICE ENGINEERING Senior Consultant. . . . . . . . . . . . . . . . . . . . $85.00 Per Hour Principal Engineer . . . . . . . . . . . . . . . . . . . 80.00 Per Hour Project Manager . . . . . . . . . . . . . . . . . . . . . 75.00 Per Hour Project Engineer . . . . . . . . . . . . . . . . . . . . 70.00 Per Hour Assessment Engineer - Senior . . . . . . . . . . . . . . 70.00 Per Hour Assessment Engineer . . . . . . . . . . . . . . . . . . . 65.00 Per Hour Engineer-Designer . . . . . . . . . . . . . . . . . . . . 65.00 Per Hour Environmental Planner (Senior) . . . . . . . . . . . . . 55.00 Per Hour Environmental Planner . . . . . . . . . . . . . . . . . . 50.00 Per Hour Designer - Senior . . . . . . . . . . . . . . . . . . . . 60.00 Per Hour Designer - Associate . . . . . . . . . . . . . . . . . . 50.00 Per Hour Draftsman - Senior . . . . . . . . . . . . . . . . . . . 45.00 Per Hour Draftsman . . . . . . . . . . . . . . . . . . . . . . . . 40.00 Per Hour Word Processor with Equipment . . . . . . . . . . . . . . 32.00 Per Hour Clerical . . . . . . . . . . . . . . . . . . . . . . . . 20.00 Per Hour FIELD SERVICES Senior Inspector . . . . . . . . . . . . . . . . . . . . $50.00 Per Hour Inspector . . . . . . . . . . . . . . . . . . . . . . . . 45.00 Per Hour 3-Man Survey Party. . . . . . . . . . . . . . . . . . . . $164.00 Per Hour 2-Man Survey Party. . . . . . . . . . . . . . . . . . . . 117.00 Per Hour 1-Man Survey Party. . . . . . . . . . . . . . . . . . . . 67.00 Per Hour Subsistence . . . . . . . . . . . . . . . . . . . . . . . 35.00 Per Man/Day MISCELLANEOUS Printing and Copying . . . . . . . . . . . . . . . . . . Cost Telephone Toll Charges . . . . . . . . . . . . . . . . . Cost Outside Service Charge . . . . . . . . . . . . . . . . . Cost Plus 15% Mileage . . . . . . . . . . . . . . . . . . . . . . . . .50 Per Mile Travel & Subsistence . . . . . . . . . . . . . . . . . . Cost NOTE: All rates subject to change based on annual inflation and cost of living adjustments. C-1 4/REP-4/89-24 ATTACHMENT D FEE PROPOSALM ALBERT A. WEBB ASSOCIATES Fee Proposal for Engineering Services for Design of South Avenue Water Transmission Main from the Highland Water Complex to the South Avenue Reservoir. TASK CATEGORY PROPOSED FEES (Refer to Technical Proposal for task descriptions) Task 1. Alignment Study & Preliminary Design 18 hrs. Principal Engineer 48 hrs. Project Engineer 60 hrs. Designer 12 hrs. Draftsman 22 hrs. Clerical Subtotal $ 9,380 Task 2. Design Survey a) Field Survey to establish horizontal & vertical control 26 hrs. 3-Man Survey Party 8 hrs. Project Surveyor . . . . . $5,000 b) Aerial Control & Mapping Services (Sub-Contract) $2,700 Subtotal $ 7,700 Task 2-A. Field Surveying of "Potholed" Utilities 12 hrs. 3-Man Survey Party $ 2,800 4 hrs. Project Surveyor 8 hrs. Field Observation(2) (1) Time and Material Basis payment per current Rate Schedule (Attachment C) . Cost is based upon estimated 4 plan & profile sheets plus cover sheet and one detail sheet. An analysis of the surge at the pumping facilities will be made, however, the design cost of any surge equipment, if required, is not included in this proposal. (2) For field marking of "potholed" utilities, coordinating with survey crew, and coordinating with City or private contractor retained by the City performing potholes. D-1 4/REP-4/89-24 ALBERT A. WEBB ASSOCIATES Fee Proposal (continued) TASK CATEGORY PROPOSED FEES (Refer to Technical Proposal for task descriptions) Task 3. Geotechnical Study(l) 2,900 Task 4. Final Design 12 hrs. Principal Engineer 40 hrs. Project Engineer 100 hrs. Designer 80 hrs. Draftsman 43 hrs. Clerical Subtotal $14,220 Task 4-A. Reproduction Costs for Plans & Specs(2) 25 sets - estimated cost $ 1,000 Total $38,000 (1)Sub-contract to Leighton and Associates. Geotechnical work includes field boring exploration (4-5 bore holes) , lab testing, and letter report for the selected pipeline alignment. (2) Based upon 25 complete sets to City. Will be billed at cost. D-2 4/'REP-4/89-24