HomeMy WebLinkAboutContracts & Agreements_16-2006_CCv0001.pdf AN
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AGREEMENT TO FURNISH ADDITIONAL DESIGN ENGINEERING SERVICES FOR
THE CAPITAL IMPROVEMENT PROGRAM WATER AND SEWER PIPELINE
PROJECT, WITH BOYLE ENGINEERING CORPORATION
This Agreement is made and entered into this 17th day of January, 2006 by and between
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Corporation, hereinafter("Consultant"). g
the Citof Redlands, a municipal corporation (hereinafter "City") and Boyle En ineerin
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follows:In consideration of the mutual promises hereinafter set forth, City and Consultant agree as
ARTICLE 1 -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant and Consultant hereby accepts the engagement to perform
services ("Services") for additional design of the Capital Improvement Program Water and
Sewer Pipeline Project ("Project"), for the City of Redlands, California.
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
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 laws and regulations in
the performance of this Agreement including, but not Iimited to, all applicable Labor Code
and prevailing wage laws commencing at Labor Code section 1770 et sed., and non-
discrimination laws including the Americans with Disabilities Act and the Fair
Employment and Housing Act.
2.3 Consultant further understands that if it violates the provisions of the Labor Code relating
to prevailing wage, that City may enforce the Labor Code by notice of the withholding of
contract payments to Consultant or its subcontractors pursuant to Labor Code sections
1726, 1727 and 1771.6.
2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of
the Services, that Consultant shall comply with Labor Code sections 1775 and rm an by
providing the subcontractor with copies of the provisions of Sections 1771, d 17 .7 b
1777.5, 1813 and 1815 of the Labor Code. Consultant ac f Sections
that the statutory5, 17
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.
ARTICLE 3 RESPONSIBILITIES OF
CITY
3.1 City shall make available to Consultant information in its
Possession that is pertinent to the
performance of Services.
3.2 City will make provisions for Consultant to enter upon City-owned property as required
by Consultant to perform the Services.
3.3 City designates Lonny young to act as its representative with respect to the Services to b
Performed under this Agreement. e
ARTICLE 4 -PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and i
with the schedule set forth in Attachment "B," entitled "Project Schedule.' n accordance
ARTICLE 5 -PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$44,900. City shall pay Consultant on a time and materials basis up to the not
to exceed amount, in accordance with Attachment "C" entitled "Project Fee," and based
upon the hourly rates shown in Attachment "D," entitled "Rate Schedule."
5.2 Consultant shall bill City within ten days following the close of each month by submitting
an invoice indicating the portion of the Services performed, who performed the Service
indirect costs, and the detailed cost of all
Payments by City to Consultant shall be madServices including backup documentation,
e within thirty (30} days after receipt and
approval of Consultant's invoice, by warrant payable to Consultant.
5.3 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 shall be addressed as follows:
Qiy
Lonny L. Young Con— s— ultant
Municipal Utilities Department Charlie McKinley
City of Redlands Boyle Engineering Corporation
35 Cajon Street, Suite 15A 1501 Quail Street
PO Box 3005 (mailing) Newport.Beach, CA 92658-9020
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon depositin the United States
Changes may be made in the names and addresses of the person to whom Mail.
are to be given by giving notice pursuant to this section,
notices and payments
ARTICLE 6 - INI.t
CE AND I1EMNIFICATION
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6.1
Consultants Insurance to be Prima
Ey
AN 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 perform any Services unless and until all
required insurance listed below is obtained by Consultant. Consultant shall provide City with
Certificates of Insurance and endorsements evidencing such insurance prior to commencement of
the Services. 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 Liabilit
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts whi
statutory requirements with an insurance carrier acceptable to City. ch meet
B. Consultant expressly waives all rights to subrogation against City, its elected
officials, employees and volunteers for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless provided
for in this Agreement extends to any claim brought by or on behalf of any employee of
Consultant. This waiver is mutually negotiated by the parties. This waiver shall not apply
to any damage resulting from the 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.
cun.e.
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) a
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for public liability, property damage and personal injury is required. Consultant shall obtainan
endorsement that City shall be named as an additional insured.
6.4 Professional Liability Insurance.
Consultant, shall secure and maintain professional liability insurance throughout the duration of
Consultant must provide certificates of insurance evidencing coverage for thirty-six (36) months
this Agreement in the amount of one million dollars ($1,000,000) per claim made. The
beyond the current policy expiration date of 12131106.
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6.5 Business Auto Liability Insurance.
Consultant shall have business auto liability coverage, with minimum limits of one million doll
ars
(51,000,000) per occurrence, combined single limit for bodily injury liability and property damage
liability. This coverage shall include all Consultant-owned vehicles used in connection with the
obtain an endorsement that City shall be named as an additional insured.
Services, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall
6.6 Assignment and Insurance Requirements
Consultant is expressly prohibited from assigning any of the Services without the express prior
written consent of City. In the event of mutual agreement between parties to assign a portion of
the Services, Consultant shall add the assignee as an additional insured and provide City with the
not include printing or other customary reimbursable
insurance endorsements prior to any Services being performed by the assignee. Assignment does
Agreement. expenses that may be provided in this
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,
Out of or in connection with Consultant's negligent sand/ors intentionally organization
wro anon arising
or
omissions under this Agreement; but excluding such actions, claims, demands, lawsuits acts
and
liability for damages to persons or property arising from the negligence or intentionally wron ful
acts of City, its officials, employees or agents. g
ARTICLE 7 - GENERA, CONSWERATIONS
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, including fees for in-
house counsel of the parties at rates prevailing in San Bernardino County, California.
7.2 Consultant's key persons to perform the Services are Project Managers, Mr. Charlie
McKinley and Ms. Leanne Talbott. Consultant agrees that the individuals shall be made
available and assigned to perform the Services and that they shall not be replaced without
concurrence from City.
7.3 All documents, records, drawings, designs, cost estimates, electronic data files, databases
and other documents developed by Consultant pursuant to this Agreement and any
copyright interest in said above described documents, shall become the property of City
and shall be delivered to City upon completion of the Service
s, or upon the of
City. Any reuse of such documents and any use of incomplete documents will be atuCity's
s
sole risk.
7.4
Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services described in this Agreement.
All
Personnel employed by Consultant are for its account only,
Consultant or any personnel retained by it be deemed to have been employed by Cis or
engaged by City for the account of, or on behalf of City.
7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate u on
completion and acceptance of the Services by City. p
7.6 This Agreement may be terminated by City, without cause, by providing five (5) days prior
written notice to Consultant (delivered
to terminate. by certified mail, return receipt requested) of intent
7.7 If this Agreement is terminated by City, an adjustment to Consultant's corn en
r unperformed
be made, but (1) no amount shall be allowed for anticipated p anon shall
services, and (2) any payment due Consultant at the time of termination may be adjusted
to the extent of any additional costs to City occasioned by any default by Consultant.
7.8 Upon receipt of a termination notice, Consultant shall 1
) immntinue all
Services, and (2) within five (5) days of the date of said t rminaationeno i deliver or
otherwise make available to City, copies (in both hard copy and electronic e,
applicable) of any data, designform, where
summaries and such other information tand materials mea�have ions, reports, estimates,
by
Consultant in performing the Services. Consultant shall be compensated on a parol-rata
basis for work completed up until notice of termination.
7.9 Consultant shall maintain books and accounts of all payroll costs and expenses related t
the Services. Such books shall be available at all reasonable times for examination b City
at the office of Consultant. y tY
7.10 This Agreement, including the Attachments incorporated herein by reference, represents
the entire agreement and understanding between the parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Any amendment to this Agreement sh
writing, approved by City Council of City and signed by City and Consultant. all be in
7.11 This Agreement shall be governed by and construed in accordance with the laws of t
State of California. he
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IIT WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
City of Redlands
(Consultant)
By: ,.
ON HARRISON By.
Mayor Mark Miller, Managing Engineer
Boyle Engineering Corporation
E' Attest:
City Clerk, City o dl ds
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AGREEMENT TO FURNISH ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE
CAPITAL IMPROVEMENT PROGRAM WATER AND SEWER PIPELINE PROJECT
ATTACHMENT A
SCOPE OF SERVICES
ATTACHMENT "A"
CONSULTANT SCOPE OF SERVICES
Engineering Services for Additional Water and Sewer CZP Design
Boyle is pleased to provide this proposal to extend the water service design in the locations i
the description below. The scope of the subject extensions is not included idemi in
n our current protect limitmit s.
Also included is the scope of work to design additional sewer reaches inBelle vue Road and Beaure and
Crest, which has been completed, but not included in an approved scope of services. g
The following scope of work is based on our understanding of the additional work requested:
Task 100 Kick-off, Meetings, Data Acquisition
A kick off meeting will be attended, and up to two additional progress meetings. Required data to
complete the design, including existing utility information, will be gathered. Potholing is not
included, and will be provided by the City if needed.
Task 120 Survey Mapping
Aerial mapping and topographic survey of the areas where new water main and sewer lines are to be
extended will be provided to match existing plans.
Task 130 Civil Engineering Services
The water main extensions shown on the existing plans will be modified as follows:
1. No new water main in Naples Avenue.
2. Sheet C-102-02:
A. Remove connection to Tench system at Sta. 19+04.61; Sta. 36+56.33.
B. Construct new main from Sta. 18+93.68 to Quarry Street, and connect to existing 8-inch
PVC pipe.
C. Construct new main from Sta. 36+48.95 to Nice Avenue, and connect to existing 8-inch
AC pipe.
3. Sheet C-102-06:
A. Construct new main from Sta. 10+00 to Menton Blvd.
B. Abandon existing Tench system in Turquoise Avenue, between Mentone Blvd. And
Florence Avenue.
4. Sheet C-102-04:
A. Abandon Tench system in Naples Avenue.
5. Sheet C-102-05:
A. Construct new main in Tourmaline Avenue, between Florence Avenue to Nice Avenue.
6. Sewer Lines: construct sewers in Bellevue Road and Beauregard Crest.
Submittals: Three copies of the revised design plans will be submitted at the 75 % and Final level.
The approved Final plans will be submitted on mylar, and in digital format.
Specifications, Modifications required for the specifications and Contract Documents, due to the
subject project changes, will be completed by Boyle.
Exclusions: The assumptions and exclusions included in our original contract, dated October 7, 2003>
also apply to these additional scope of services.
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Additional Provisions:
Consistent with the professional standard of care and unless specifically provided herein
4 , CONSULTANT
shall be entitled to rely upon the accuracy of data and information provided by CITY or others without
independent review or evaluation.
Any Opinion of the Construction Cost prepared by CONSUL
ance of CITY. Since CONSULTANT has no control over
TIINI represents its judgment as a design
Professional and is supplied for the general guidance
the cost of labor and material, or over competitive bidding or market conditions, CONSULTANT does not
guarantee the accuracy of such opinions as compared to contractor bids or actual cost to CITY.
CITY will include in the general conditions of any construction contract, language which states that the
construction contractor is required to hold harmless and defend the CITY, CONSULTANT, and their agents,
employees and consultants, from all suits and actions, including attorneys' fees, and all costs of
litigation and judgments of any nature and description arising out of or incidental to the performance of
the construction contract or work performed thereunder. The CITY, CONSULTANT, their agents,
employees and consultants shall also be named as additional insureds O any ANT, their tactor's
insurance policies.
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AGREEMENT TO FURNISH ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE
CAPITAL IMPROVEMENT PROGRAM WATER AND SEWER PIPELINE PROJECT
ATTACHMENT B
PROJECT SCHEDULE
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AGREEMENT TO FURNISH ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE
CAPITAL IMPROVEMENT PROGRAM WATER AND SEWER PIPELINE PROJECT
ATTACHMENT C
PROJECT FEE
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ATTACHMENT "C"
'~ CONSULTANT SERVICES BUDGET
Task Cost Report
Engineering Services for Additional Water and Sewer CIP Design
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The estimated engineering effort and estimated fee are shown below:
Task Description
Boyle subconsultant
Level of Effort Costs
Person Hrs ($
100 Kick-Off, Meetings, and Data Acquisition
Water CIP 16 ($2,200)
Sewer CIP 8($1,1oo)
110 Survey Mapping
Water CIP 16 ($2,200) $6,000
Sewer CIP 12($1,60o) $10,800
120 Civil Engineering Services
Water CIP 80 ($10,800)
Sewer CIP 52($7,000)
130 Project Management and Quality Control 24 ($3,200)
Boyle and Subconsultant Subtotals 208 ($
Total Estimated Level of Effort $44,900
It is anticipated that an engineering fee of$44,900 will be required to accomplish the
above-referenced engineering tasks including all labor, subconsultant, and other direct
costs. Compensation will be on a time and materials basis consistent with the 2006
Fee and Bate Schedule (Attachment D).
i
C:0ocuments and SettinosUmillerlLocal SettinaslTemporary Internet Files\0LK1A5tAddtnl S
ery-
Task Cost Report-12-27-05.doc
AGREEMENT TO FURNISH ADDITIONAL DESIGN ENGINEERING SERVICES FOR THE
CAPITAL IMPROVEMENT PROGRAM WATER AND SEWER PIPELINE PROJECT
ATTACHMENT D
RATE SCHEDULE
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Y
STANDARD HOURLY RATE SCHEDULE
BOYLE ENGINEERING CORPORATION
EFFECTIVE JANUARY 1, 2006
REPORTING ENG NEERS/PLANNERS/ARC'HITECTS/SCIENTISTS
CODE
PER HOUR
23 Assistant I
22 Assistant II
21 Associate
14 Senior I $118.00
13 Senior II $130.00
12 Principal $155.00
Com any officer $196.00
TECHNICAL SUPPORT STAFF $206.00
36 Dnutcr/Assistant CADD
rator/En ' cerin Intern
37 CADD
rator $ 62.00
38 Desi CADDrdtor $ 77.00
39 Design CADD Su ervisor $ 88.00
34 Desi erlTechnician $118.00
33 Senior Designer/Senior Civil Designer $113.00
32 Desi er,,,u rvisor $123.00
SUPPORT STAFF $125,00
91-94 Clerk UII,Secretary UII
81-82 Account Clerk UII $ 62.00
95-96 Senior Secretary Un _
88-89 Administrative Specialist $ 70.00
83/84 Jr. ar Staff Accountant
68158 S 'a2 Consultant I Construction Observer
— Director Construction Services Negotiated
SURVEYING STAFF $196.00
Two-person/Three-person Sun ey Crew
11 DIRECT PROJECT EXPENSE Negotiated
Com uter E uses–accounts for hardware and software
Photocopies-Color 8.5 x 11!I I x 1718.5 x I I Transparency $4.10 r Direct Hr.
$1.151 1.5013.50
Photoco ies-Black&White Per Pa e
Fax $.20 Per Pa e
Communication Char e-Telepho ne J Cellular $1.00 Per Page
Plan Sheet Printing-In House Bond 1 Vellum 1 Mylar $1.00 Per Direct Hr*
$3.50/4.50/7.50
Travel-Automobile/Truck Per Sheet
Teel-Other Than Automobile $0.75 Per Mile
Subconsultant Services Actual Cost+ 15%
Subcontracted Services/R reduction Actual Cost+ 15%
If overtime is authorized by the cli Actual cost+ 1$011,
ee an overtime premium multiplier of 1.5 will be applied to the billingrate of hourly overtime in order to meet a deadline which cannot be met during normal hours. Applicable sales taxes,if any, Y Pnnel who work
C'"orpos'ate officers and consulting engineers w911 be billed at 1.2 times the stated rate for Princibe
is due upon Presentation. A late poi. Invoices will be will
added
t these payment
Payment charge of e oft per months
not exceeding the maximum rate allowable by law)will be
any unpaid balance commencing 3t?days after the date of the original invoice.
applied to
*For Engineers,Architects,Scientists.
Fee schedule is subject to change on January 1. 2007. Interim adjustments may be made far selected categories unless not
contract. Personnel classifications may be added,if appropriate and agreed upon,
allowed in the
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