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HomeMy WebLinkAboutContracts & Agreements_122-2004_CCv0001.pdf AGREEMENT TO FURNISH SERVICES FOR THE PERFORMANCE OF DESIGN ENGINEERING CONSULTING SERVICES This Agreement is made and entered into this 3rd day of August, 2004 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Associated Engineers, Inc. (hereinafter"Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform professional consulting services which are more particularly described in Attachment "A," attached hereto and incorporated herein by this reference (the "Services") for the Redlands Municipal Airport 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 high quality Services for the Project at the level of competency presently maintained by other practicing professional Consultants in the industry providing similar types of services. ARTICLE 2 - RESPONSIBILITIES OF CONSULTANT 2.1 The Services which Consultant shall perforin are described in Consultant's Attachment"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 M. and non-discrimination laws including the American's with Disabilities 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 withholding contract payments to Consultant or its 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 assist in performance of the Services, 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 City pursuant to Labor Code sections 1775 and 1813. 002 Assoc Engrs wpd ARTICLE 3 - RESPONSIBfLITIES 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 property or rights-of-way as required by Consultant to perform the Services pursuant to this Agreement. 3.3 City designates Charlotte Kranenburg 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 shall complete the Services in.accordance with the Project Schedule attached hereto as Attachment "B." ARTICLE 5 -PAYMENT AND NOTICE 5.1 The total compensation for Consultant's performance of the Services shall be$161,058.00. City shall pay consultant on a lump sum basis up to the not to exceed amount,in accordance with Attachment "C," entitled "Project Fee," on a milestone completion basis. 5.2 Consultant shall bill City for the Services upon its completion of the Services. Payment by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice. 5.3 All notices,bills and payments, as required under this Agreement, 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: City Consultant Charlotte Kranenburg Cart Ingraham, RCE, VP City of Redlands Associated Engineers, Inc. 35 Cajon Street, Suite 222 3311 E. Shelby Street P. O. Box 3005 Ontario, CA 91764-4872 Redlands CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. hi all other instances,notices,bill 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. 002 Assoc Engrs.wpd 2 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 Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall not commence the Services unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide Citywith 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 and 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 Liabilitv 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. 002 Assoc Engrs.wpd 3 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 coverage liability. This e shall include all Consultant-owned vehicles used I Z:1 for performance of 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. 6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or assigning 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 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 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other documents developed by Consultant pursuant to this Agreement 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 for other projects 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. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by Consultant be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 002 Assoc Engrs.wpd 4 7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.5 This Agreement may be terminated by either party, without cause, by providing seven (7) days prior written notice to the other party (delivered by certified mail, return receipt requested) of intent to terminate. 7.6 If this Agreement is terminated by City,an adjustment to consultant's compensation shall be made,but no amount shall be allowed for anticipated profit or unperformed Services,and 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 from City,Consultant shall discontinue all services and 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 documents that may have been prepared or assembled by Consultant in performing the Services. 7.8 Consultant shall maintain books,payroll costs and all expenses associated with the Services. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.9 This Agreement,including the exhibits incorporated herein by reference,represents the entire agreement of theparties as to the matters contained herein and any prior negotiations,written proposals or oral agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of 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 conformation of this Agreement. City of Redlands, ("City") Associated En ineers, Inc. ("Consulta By: eAi,�— By: S/an Peppler, Mayor imImbiors fresident -e ATTEST: Lorrie oyz r, Cityt r 002 Assoc Engrs.wpd 5 AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE REHABILITATION OF RUNWAY 8126 AND PARALLEL TAXIWAY AND TAXIWAY CONNECTORS,AND MARKINGS, PHASE I AND 11, AT REDLANDS MUNICIPAL AIRPORT ATTACHMENT A SCOPE OF SERVICES Attachment A Scope of Services 2.0 Preliminary Design Enei ineering , 2.1 Airfield pavement design criteria: Associated Engineers will meet with City Airport Staff to select the Airport design aircraft and develop a preliminary opinion of the proposed structural section. 2.2 Draft Pavement Layout Plan: Associated Engineers will prepare preliminary plan sheets to illustrate the concept of the project including layout and preliminary proposed structural section including subgrade modifications. Preliminary plans will also indicate existing pavement removals providing volume of existing materials available for reuse as aggregate base. Plans shall be prepared in AutoCAD 2000 format at a scale of I"=40'. The horizontal layout of the runway and taxiway will be shown, but new vertical alignment will not yet be developed. 2.3 Draft airfield electrical plan: Preliminary electrical plans will indicate horizontal layout of proposed airfield electrical systems based upon evaluation of the existing system. Proposed modifications to the airfield electrical vault will be provided.The potential use of LED lighting systems in lieu of incandescent will be addressed as well. 2.4 Review of NPDES/SWPPP requirements as relates to this Project: Associated Engineers will review current NDPES/SVVPPP issues and requirements and confer with City Staff regarding specific concerns. This review will culminate in specific recommendations relating to the project and will be incorporated into the completed plans and specifications. 2.5 In-house Quality Control Reviews: Associated Engineers senior engineers will perform in-house quality control reviews of the project and will conduct team meetings to assure timely, accurate plans 2.6 Deliverables: Upon completion of the preliminary design,Associated Engineers will prepare and deliver four copies of the Preliminary Design Report (PDR), showing the basis and criteria for final design. The PDR will include a summary of the findings of the data collection, aircraft/airport design criteria,recommendations regarding airfield lighting system upgrades,preliminary structural section and draft pavement layout plans and draft electrical plan. In addition, the PDR will include a preliminary construction cost estimate and an Estimate of Contract Administration costs. A copy of the PDR will be delivered to the FAA for preliminary review. Associated Engineers will then meet with City staff and FAA to discuss the PDR and determine the project final design. 3.0 Final Design and Contract Documents 3.1 Airfield Design Plans: Associated Engineers will develop final airfield design plans in AutoCAD 2000 at a scale of I"=40'. The pavement plan sheets will be comprised of a plan view at I"=40'. A I"=41 vertical scale profile will be included for all pavements. Details of fillets, throats and special locations will be included as necessary. The design plans shall conform to current FAA Advisory Circulars. The City shall provide Associated Engineers with an electronic copy of the City's standard title sheet. 2 Attachment A Scope of Services Contract Documents submittal. The package will be submitted in four copies, and will include draft technical specifications, aircraft/airport design criteria, airfield lighting system plans,structural section and pavement layout plans, including proposed vertical alignment, pavement marking plans and electrical plan. A copy of the 50% submittal will be coordinated through Airport Staff to the City of Redlands Public Works Department for courtesy review. In addition, the submittal will include an updated construction cost estimate and an Estimate of Contract Administration costs. A copy of the 50% submittal will be sent to the State of California for review. Associated Engineers will then meet with City staff to discuss the submittal and determine the final requirements. Associated Engineers will revise the project documents as necessary. At 98%of the Final Design and Contract Documents task,Associated Engineers will prepare and deliver a 98%complete submittal package. The package will submitted in four copies and will include Final Design Plans and Contract Documents proposed to be used for bidding. The Final Design will include airfield lighting and Navaid system plans; structural section and pavement layout plans, including vertical alignment,pavement marking plans and electrical vault plan. The Contract Documents will include the technical specifications, FAA Standards and specifications, in an integrated Contract Documents package. The Contract Documents shall include bidding and contract documents from the City, with a bid schedule prepared by Associated Engineers, special and general conditions, utilizing City documents, special and technical provisions, and appended documents as necessary to complete the Contract Documents. In addition,the submittal will include an Engineers Opinion of Probable Costs. A copy of the 98% submittal will be sent to the FAA for review. Associated Engineers will then meet with City staff to discuss the submittal and determine final bid information. Associated Engineers will revise the Final Design and Contract Documents as necessary to reflect staff s comments. 3.11 Agency Reviews: Associated Engineers will receive and incorporate comments as required. 3.12 Prepare Bid Package: Associated Engineers will prepare and deliver 100% Final Design and Contract Documents package,complete and ready for bidding. Associated Engineers shall provide twenty(20) sets of Bid Documents. 4.0 Biddiny,Period 4.1 Pre-bid Meeting: Associated Engineers will assist the City with hosting a pre-bid meeting held during the advertising period to familiarize the prospective bidders with the Bid Documents. 4.2 Address RFI's,Prepare Addenda: During the bidding period, Associated Engineers will collect and respond to request for information and clarifications from prospective bidders, and as necessary assist the City to prepare and issue addenda to the Project Bid Documents. 4.3 Bid Opening: Associated Engineers will attend the Bid Opening and assist the City Staff in reviewing bid forms. 4 AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE REHABILITATION OF RUNWAY 8/26 AND PARALLEL TAXIWAY AND TAXIWAY CONNECTORS,AND MARKINGS, PHASE I AND 11, AT REDLANDS MUNICIPAL AIRPORT ATTACHMENT B PROJECT SCHEDULE AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE REHABILITATION OF RUNWAY 8/26 AND PARALLEL TAXIWAY AND TAXIWAY CONNECTORS,AND MARKINGS, PHASE I AND 11, AT REDLANDS MUNICIPAL AIRPORT ATTACHMENT C PROJECT FEE AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE REHABILITATION OF RUNWAY 8126 AND PARALLEL TAXIWAY AND TAXIWAY CONNECTORS, AND MARKINGS, PHASE 1 AND 11, AT REDLANDS MUNICIPAL AIRPORT ATTACHMENT D RATE SCHEDULE Tq= r r i''S fJ t f i FEE SCHEDULE 385 GENTRY WAY RENO, NEVADA principal $135.00 89502-4608 Senior Engineer 120.00 (775) 826-4044 project Engineer 95.00 FAX: 8264190 Senior Manager 120.00 http://www.dinter.com project Manager 95.00 Designer 80.00 Technician 55.00 CADD System Manager 70.00 Clerical 40.00 rMA GrOUP A Fee Schedule. Technician (cont.) Description Rate/Cost Ultrasonic Testing- Level II Technician $85.00 Ultrasonic Testing-Level III Technician $95.00 Magnetic Particle Technician - Level 11 $85.00 Liquid Penetrants Technician- Level 11 $75.00 Special Inspector-Radiographic Testing $0.00 Anchor Pull Tests $80.00 Bolt Torque Tests $80.00 Project Inspector(IOR) $85.00 Asphalt Coring $80.00 Concrete Coring $80.00 Horizontal Wall Coring $85.00 Assistant Wall Coring $58.00 Coring Bit Wear(per inch) $2.00 Supervising Soil Technician $85.00 Supervising- Public Works $85.00 Supervising- Special Inspection $85.00 Quality Control Manager $85.00 Per Diem $65.00 Shift Differential $2.00 FRiNA GFOUp Fee Schedule Lab Asphalt Description Rate/Cost Film Stripping $95.00 Kc Factor $65.00 KF Factor $85.00 Moisture Vapor Susceptibility $200.00 Swell Potential (CAL 305) $165.00 Bulk Specific Gravity Per Specimen (ASTM Saturated Surface Dry) $40.00 Bulk Specific Gravity(ASTM Saturated Surface Dry Cores) $40.00 Bulk Specific Gravity Per Specimen (ASTM Parafilm. Coated) $45.00 Bulk Specific Gravity(ASTM Parafilm Coated Cores) $45.00 Bulk Specific Gravity(CTM 308 Method A) $45.00 Bulk Specific Gravity(CTM 308 Method A Cores) $45.00 Bulk Specific Gravity(CTM 308 Method Q $40.00 Bulk Specific Gravity(CTM 308 Method C Cores) $40.00 Field Test Maximum Density(CAL 375) $95.00 Lab Test Maximum Density(CAL 375) $165.00 Lab Test Maximum Density- Hveem Method $165.00 Lab Test Maximum Density-Marshall Method $165.00 Theoretical Maximum Specific Gravity- Rice $150.00 Marshall Stability and Flow - lab compacted $280.00 Marshall Stability and Flow - field compacted $190.00 Hveem Stability(CTM 366) $195.00 Hveem Stability(ASTM D1560) $195.00 Moisture Content of Mix (CAL 370) $25.00 Moisture Content of Mix (CAL 3 10) $185.00 Tensile Strength Ratio (AASHTO T283) $550.00 Surface Abrasion Test(CAL 360) $450.00 Extraction-Percent Asphalt by Ignition Oven $100.00 Extraction -Percent Asphalt by Ignition Oven - Calibration $250.00 Extraction- Percent Asphalt by Solvents (Vacuum) $125.00 Extraction -Percent Asphalt by Solvents (Centrifuge) $125.00 Gradation of Extracted Aggregate $110.00 Percent Voids (CAL 3671) $125.00 Percent Resdue by Evaporation (ASTM D244) $100.00 Emulsion Sieve Test(ASTM D244) $75.00 Wet Tract Abrasion (ASTM D3910) $100,00 FAMARA GFOUP Fee Schedule RAM JWNAM Lab Masonry Description Rate/Cost Block Compressive Strength Test (set of 3) $75,00 Block, as Received Moisture &Absorption(set of 3) $50.00 Block, Lineal Shrinkage ASTM C426 (set of 3) $50.00 Block, Unit Weight and Dimensions (set of 3) $150.00 Block, Conformance to ASTM C90 (set of 9) $300.00 Brick, Compression(set of 3) $45.00 Brick, as received Moisture& Absorption (set of 3) $70.00 Brick, 5 hr Boil $55.00 Brick, Modulus of Rupture $55.00 Mortar Compression Test (2" x 4" Cylinder) $25.00 Grout Compression Test (3" x 6" Prism) $25.00 Masonry Cores, Compression- 8" max. diameter $35.00 Masonry Cores, Shear- 8" max. diameter $45.00 Tensile Test - CMA Method $60.00 Masonry Assemblage Compressive Strength 8" Block $55.00 Masonry Assemblage Compressive Strength 12" Block $75.00 Masonry Assemblage Compressive Strength 16" Block $95.00 Trimming of Test Specimens $30.00 Cube Compression Test 2x2x2 $16.00 Roof Tile Conformance (set of 10) $275.00 Mortar Strength of PCC Sand- CTM 515 $800.00 FRMA Group Fee Schedule Lab Soil Description Rate/Cost Atterberg Limits $65.00 California Bearing Ratio $350.00 Consolidation(no time rate) $120.00 Consolidation (with time rates) $150.00 Direct Shear $95.00 Expansion Index (UBC Standard 29-2) $95.00 Falling Head Permeability of Soil $100-00 Collapse Potential $90.00 Hydrometer Analysis $80.00 Lab Density Determinations by Drive Tube $15.00 Lab Moisture Determinations $8.00 Matric Suction- Filter Paper Method $65.00 Maximum Density- Optimum Moisture (ASTM D 15 57) $125.00 Calif Impact Max Density(CAL 216) $140.00 Percent Organic Materials $15.00 pH & Resistivity of Soils Saturated Paste $35.00 R-Value $225.00 Oversized Rock Correction $25.00 Sand Equivalent $50.00 Check Point-Maximum Density Optimum Moisture (ASTM D1557) Sieve Analysis of Soils $110.00 Percent Finer Than No. 200- Wash Only $25.00 Soluble Sulfate $45.00 Specific Gravity of Soils $75.00 Consolidation / Swell Potential $175.00 Unconfined Compression Test $90.00 ESP - Sodium Exchange Potential $45.00 Soil Cement (set of 3) $580.00 Shrinkage factor by Resin $120.00 Soil Cement Maximum Density- Optimum Moisture (ASTM D558) $140.00 Soil Cement Laboratory Specimen Preparation D559 $35.00 Soil Cement Compression Test D 163 3 $20.00 Chloride Content (CTM 422) $30.00 FMA GFOUP Fee Schedule Office (cont.) Description Rate/Cost Principal Geologist - Office $125.00 Principal Geologist - Field $125.00 Principal Geologist - Consultation $125.00 Principal Geologist - Job Conference $125.00 Principal Geologist- Expert Witness $150.00 Principal Geologist - Court Appearance $250.00 Project Geologist- Office $95.00 Project Geologist - Field $95.00 Project Geologist - Consultation $95.00 Project Geologist- Job Conference $95.00 Staff Geologist - Office $70.00 Staff Geologist - Field $70.00