HomeMy WebLinkAboutContracts & Agreements_63-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for reservoir and pump station design services ("Agreement") is made
and entered in this 16'h day of April, 2013 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City)" and Black and Veatch Corporation(-Consultant").
City and Consultant are sometimes individually referred to herein as a "Party" and,together, as
the "Parties." In consideration of the mutual promises contained herein, City and Consultant
agree as follows:
ARTICLE I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide reservoir and pump station design ser-vices for
City (the"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 -SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perforin are more particularly described in Exhibit
"A,"entitled"Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of the Services.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Chris Diggs, Deputy MUED Director, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4-PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner.
Tasks I and 2 of Sel-vices, shown in Exhibit "A," shall be completed within one hundred
thirty five(135) calendar days after the Effective Date of this Agreement; Tasks 3 and 4
shall be completed in a prompt and diligent manner and shall extend until the reservoir
and pump station are constructed and completed.
1:%ca,djn-v,Abcemenw Black&Veatch.Texas Nonpotable Reservoir.doc
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of One Hundred Eighty Six Thousand Five Hundred Dollars($186,500.00),
based upon the hourly rates shown in Exhibit **B," entitled "Rate Schedule,"which is
attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the project. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
C ity Consultant
Chris Diggs Steven N. Foellmi
Deputy MUED Director Vice President/Project Director
City of Redlands 15615 Alton Parkway, Suite 300
1270 W Park Avenue, Bldg A Irvine, CA 92618
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perforin any Services unless and
until the 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 the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30)days prior
written notice to City.
6,2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California. with an insurance carrier acceptable to City as
described in Exhibit"C," entitled ' Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
2
1:'\Ca',,dim'Abreements',Biack&Veatcb,Texas Nonpotable Reservoir.doc
6.3 Consultant shall secure and maintain 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. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6A Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made.
6.5 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,000,000)per occurrence, combined single limit bodily injury liability
and property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by and negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services.
ARTICLE 7 —CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i) the making or any City governmental decisions regarding approval of a
rate, rule or regulation, or the adoption or enforcement of laws-,
(ii) the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements;
(Iii) authoring City to enter into, modify or renew a contract-,
(IV) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
3
L'caA*A-reTrncntstBIack&Veatch.Texas Nonpotable Reservoir,doc
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial
interests,Consultant shall complete and file a Fair Political Practices Commission Form
700, State of Economic Interests with the City Clerks' office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief,be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Project related documents, records, drawings, designs, cost estimates, electronic data
files, databases and any other documents developed by Consultant in connection with its
performance of the Services, and any copyright interest in such documents, shall become
the property of City and shall be delivered to City upon completion of the Services, or
upon the request of City. Any reuse of such documents, and any use of incomplete
documents, shall be at City's sole risk.
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or 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. Consultant
shall have no authority, express by City for the account of, or on behalf of City.
Consultant shall have no authority, express or implied, to act on behalf of City in any
capacity whatsoever as an agent, nor shall Consultant have any authority, express or
implied, to bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however this Agreement
may be terminated by City, in its sole discretion. by providing thirty(30) days prior
4
J:,,catdjiW,agreements\Black&Veatch.Texas Nonpotable Reservoir.doc
written notice to Consultant(delivered by certified mail, return receipt requested) of
City's intent to terminate. 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. Upon receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Services and,within five (5)
days of the date of the termination notice, deliver or otherwise make available to City,
copies (in both hard copy and electronic form, where applicable) of project related 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. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorizes representative of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS Black and Veatch Corporation
By: By.
Pete Agullhr. Mayor Steve Foellmi, Vice President/
Project Director
ATTEST:
SamIru in, Ci Clerk
5
]:,,cal,ctjni,Ai,reemenLs',Blac-k&Veatch.Texas Nonpotable Reservoir.doc
Exhibit"A"
Scope of services:
Scope of Work—Engineering and Final Design Services for Texas Street Nonpotable Reservoir
CAN,has identified the need for recycled water storage and pumping facilities to optimize
recycled water use in its 1350 and 1570 pressure zones. City plans to construct the necessary
facilities under the Texas Street Nonpotable Reservoir Project (Project).
The work shall consist of the following tasks:
• Task 1 —Preliminary Design Services
• Task 2—Final Design Services
• Task 3—Bidding Period Services
• Task 4—Construction Phase Services
The scope that follows describes the work to be performed for each of the preceding tasks.
TASK 1. PRELIMINARY DESIGN
Task 1.1. Initial/Kickoff Meeting
An initial/kickoff meeting will be held to review and finalize the scope of work and Project
design basis. The initial/kickoff meeting will be combined with the first Project design meeting.
The extensive work completed to date and recent discussion with City staff resulted in a
preliminary screening of five (5) configuration alternatives down to two (2)preferred
alternatives. These two alternatives include both steel and cast-in-place concrete reservoir
alternatives and will be evaluated further to identify the recommended project design basis.
Task 1.2.1. Review and Understand Project Background
Consultant will collect and review reports, available record drawings, topographic survey,
geotechnical information, and other information pertinent to the Project. Consultant will
determine and evaluate existing conditions/constraints for the Project.
Task 1.2.2. Project Design Basis
Consultant will provide recommendation for the configuration and layout of the new non-potable
facilities based on review and understanding of the Project background, and information
acquired from the site investigation and reconnaissance.
Task 1.2.2.1. Topographic Survey
Consultant will provide a topographic survey sufficient for the design of the Project. Survey shall
be limited to the boundaries of the existing Texas Street site. Location of buried piping will be
Zn
determined based upon available record drawing information provided by the City. Connections
to existing piping will be verified by pothole investigation under supplementary services
A-1
1:,Ca,qjmAgrccment,_o,J31ack&Veatch.Texas Nonpotable Reservoir-doc
agreement, if required. Surveyor services will be provided through a subcontract with Joseph E.
Bonadiman&Associates or another surveyor if preapproved by City.
Task 1.2.2.2. Geotechnical Investigation
Consultant will provide a geotechnical investigation to obtain necessary geologic information for
design of the Project. Investigation will include two exploratory borings to a depth of 10 feet on
the Texas Street site. Geotechnical investigation services will be provided through a subcontract
with Converse Consultants or another geotechnical consultant if preapproved by City.
Task 1.2.3. Preliminary Design Drawings and Preliminary Construction Costs
Consultant will prepare preliminary design including site plans, elevations, pipeline alignments,
preliminary construction costs, and other relevant information for City review and approval for
final design for construction.
TASK 2. FINAL DESIGN
Task 2.1. Construction Drawings, Specifications, and Engineer's Estimate
Consultant will provide contract documents for the new non-potable facilities consisting of
City's front-end documents, special provisions, special conditions, construction drawings,
technical specifications and engineer's construction estimate.
Task 2.2. Design Review Meetings
A total of four(4) meetings with the City are anticipated including a Design Basis Meeting and
6001x, 90%, and 100% Design Review Meetings. A budget of four(4) hours for each design
review meeting has been included under this task. The meeting will be attended by the PM/EM
and supplemented by additional professional staff, as determined by the Consultant Project
Manager.
Task 2.3. Final Construction Documents
Consultant will prepare final bid documents and engineer's construction cost estimate that will
incorporate City review comments. Original mylars of the final, sealed project drawings will be
provided to the City together with the technical specifications in Word format and other bid
documents.
Task 2.3.1. Planning Department Coordination
Consultant will assist with obtaining approval of Project from the City's Development Services
Department. Consultant will prepare the draft preliminary design package and transmittal letter
for submittal to the City Development Services Department. We will review and provide one
response to Development Services Department comments. (See Supplemental tasks for
additional services that may be required for Development Services Department Approval.)
TASK 3. BIDDING PERIOD SERVICES
Task 3.1. Pre-Bid Meeting
Consultant will conduct the pre-bid meeting, assist the City with an addendum, and prepare
minutes of the meetings and issue to all attendees.
A-2
1:'.ca,djmAgreements"Black&Veawh.Texas Nonpotable Reservoir.doc
Task 3.2. Miscellaneous Services
Consultant will assist the City by reviewing and providing City with response to submittal and
RFIs and other drawings related to specialty products under consideration.
TASK 4. CONSTRUCTION PHASE SERVICES
Task 4.1. Shop Drawing Review
Consultant will assist the City in shop drawing review and prepare necessary revisions as
required by the City. A total of ten (10) shop drawing reviews are assumed as the basis for our
level of effort.
Task 4.2. Contractor RE f s
Consultant will prepare and provide written responses to questions from the Contractor requiring
clarification during the construction of the Project as required by the City. A total of eight (8)
RFI reviews are assumed as the basis for our level of effort.
Task 4.3. Record Drawings
Consultant will prepare record drawings based on the Contractor furnished"Redline"
construction plans. Final as-built drawings will incorporate the addenda, RFIs, change order
revisions, and other changes that occur during construction of the Project.
A-3
&Veatch.Texas Nonpotable Reservoir-doc
City of Redlands ENGINEERING AND MA_DFu G _SERVICES FOR TEXAS EET NON-POTABLE RESERVOIR
EXHIBIT "B"
RATE S(CHIIEDULE
Project Director/Vice President $245-285
Project Manager 1-3 $190-250
Engineer 6-7 $180-225
Engineer 4-5 $125-175
Engineer 1-3 $100-125
Engineering Technician 2-4 $90-110
Cost Estimator $120-150
Clerical and Finance* $80-95
Project Support Assistant* $75-$85
Exhibit"C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
ENGINEERING SERVICES
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code §186 1).
Black and Veatch Corporation
By:
Steven N. Foellmi, Vice Presidenv"Project Director Date:
C-1
L\ca\djm,Agreements\J31ack&Veatcb.Texas Nonpotable Rescrvoir.doc