HomeMy WebLinkAboutContracts & Agreements_4-2005_CCv0001.pdf AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES WITH
BOYLE ENGINEERING CORPORATION FOR THE DESIGN OF THE
REDLANDS HEIGHTS WELL - REDLANDS COUNTRY CLUB NON-
POTABLE WATER SYSTEM PROJECT
This Agreement is made and entered into this 4th day of January, 2005 by and between
the City of Redlands, a municipal corporation (hereinafter "City") and Boyle Engineering
Corporation hereinafter("Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth,
City and Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant and Consultant hereby accepts the engagement to
perform design services for the Redlands Heights Well - Redlands Country Club Non-
Potable Water System Project(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 specific Services which Consultant shall perform are more particularly described in
Exhibit "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 limited to all applicable Labor
Code and prevailing wage laws commencing at California Labor Code section 1770 et.
sLeq. 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 California Labor
Code relating to prevailing wage, that City may enforce the California 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 California Labor Code sections 1775 and
1777.7 by 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.
ARTICLE 3 - RESPONSIBILITIES 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 make provisions for Consultant to enter upon City-owned property as required.
by Consultant to perform the Services pursuant to this Agreement.
3.3 City designates Lonny Young 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 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$35,510. 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 Services, indirect costs, and the detailed cost of all Services including backup
documentation. Payments by City to Consultant shall be made within 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:
Cit Consultant
Lonny L. Young Ray Lyons, RCE, Senior Engineer
Municipal Utilities Department Boyle Engineering Corporation
City of Redlands 1501 Quail Street
35 Cajon Street, Suite 1.5A Newport Beach CA 92660-2726
PO Box 3005 (mailing)
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.
ARTICLE 6 - INSUR AND INDEMNIFICATIO
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 perform any Services pursuant to this
Agreement 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 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 LiabilitX
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. 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.
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 Liability 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.
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 liability. This coverage shall include all Consultant-owned vehicles used in
connection with 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.
Ja
Consultant is expressly prohibited from subletting or assigning any of the Services covered by
this Agreement without the express prior 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 Services 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 negligence or
intentionally wrongful acts of City, its officials, employees or agents.
ARTICLE 7.- GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the ten-ns 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 Consultant's key persons to perform the Services are Project Manager Russ Hulse and
Project Engineer Ray Lyons. Consultant agrees that this person shall be made available
and assigned to perforin, the Services and that he 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 Services, or upon the request
of City. Any reuse of such documents and any use of incomplete documents will be at
City'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, and in no event shall
Consultant or any 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.
7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.6 This Agreement may be terminated by City, without cause, by providing five (5) days
prior written notice to Consultant (delivered by certified mail, return receipt requested) of
intent to terminate.
7.7 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.
7.8 Upon receipt of a termination notice, Consultant shall (1) immediately discontinue all
services affected, and (2) within five (5) days of the date of said termination notice,
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 materials as may have been
accumulated by Consultant in performing the Services required by this Agreement.
Consultant shall be compensated on a pro-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 to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
7.10 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 oral agreements relating to such
matters are superseded by this Agreement. Any amendment to this Agreement shall be in
writing, approved by City Council of City and signed by City and Consultant.
7.11 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 confirmation of this Agreement.
City of Redlands (Consultant)
By: By:
SUSAN PEPPLER Steven Frieson, Managing Engineer
Mayor Boyle Engineering Corporation
Attest:
City Clerk, City of Redlands
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
City of Redlands (Consultant)
i
By:
By:
4ayor
N PEPPLER
ven Frieson,Managing Engineer
Boyle Engineering Corporation
Attest:
City Clerk, City of,f nds
AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE
NON-POTABLE WATER LINE AND PUMP MODIFICATION
FOR MUNICIPAL UTILITIES WATER SERVICE TO REDLANDS COUNTRY CLUB
ATTACHMENT A
SCOPE OF SERVICES
Project Understanding
The City of Redlands is moving ahead with the implementation of a water project for delivering
approximately 700 gpm of non-potable water to the Redlands Country Club from the existing Redlands
Heights Well, which is adjacent to a school just south of the intersection of Eucalyptus Drive and Ford
Street. The target is to have the plans for the project ready for bid by February 4, 2005 and the
construction contract awarded by February 25, 2005, with construction complete by May 31, 2005.
The non-potable waterline will include a hydraulic analysis to determine any needed pump
modifications,and the design of approximately 5,000 feet of 12-inch diameter PVC pipeline. The
design will also include a 2-inch diameter PVC signal conduit to be laid in the same trench to allow for
transmission of signals for starting and stopping the pump based on the water level of the golf course
reservoir.
Scope of Services
100 Hydraulic Study and Preliminary Design Phase
201 Attend "Kick-off" meeting. Boyle and City staff will meet to discuss the project requirements and
obtain pertinent information. Boyle staff will record and distribute copies of the meeting minutes to all
present.
102 Review existing well data and establish hydraulic criteria for pump modification and pipeline
design. Prepare and review a preliminary design memorandum with Ci p
be finalized following receipt of Cicomments o co_ ty std The design criteria will
design criteria will include analysis of the hydraulic profile,pum meodificatit of final desi
gn. The
connection locations for futurepiping,and pressure class of thepiping.
i m on recommendations,
P P� g
103 Research the location of underground utilities. This involves field and office contacts with
public,private, and municipal agencies that have facilities in the project area. This includes main line
facilities only(not service connections)for such under
fuel, gas, telephone, electrical, television, cable, irrigation and traffic control ysteutilities as wat , ms. storm drain, oiI or
104 Preparation of preliminary plan sheets. Prepare
project and the review with the City at a meeting for concurrence.e.The plPlan ans willheet to illustrate concept of
the
point where the streets have been mapped, underground utility lines are shown iplan,anrd a tentatiogressed ve
alignment is shown in plan view. The alignment will be dimensioned from the street centerline
although stationing will not yet be developed.
200 Final Design and Bid Document Preparation
201 Perform the pipeline design. PVC pipe will be used for the waterline. The alignment will be
developed and calculated. Pipeline structural bedding and design will be calculated, including thrust
restraint as necessary. Pipeline appurtenances will be designed and located on the drawings. Because
the pipeline is non-potable water, the pipe will be colored purple to prevent cross-connection. Because
of the relatively short nature of this project and the relatively small pipe size, the specifications will call
for the construction contractor to prepare and submit for the City's approval any required traffic control.
202 Prepare the plans. Plans will be prepared in AutoCAD, at a scale of 1"=40'. The plan sheets will
be comprised of a plan view at 1"=40'. Details of connections and appurtenances will be included as
necessary. The following is a preliminary drawing list:
• 1 title sheet with vicinity and location map.
• 1 sheet of general notes, sheet index, and agency index.
• 3 plan sheets
• 2 detail sheets
203 Prepare specifications. The special provisions will be prepared for incorporation with the City's
contract documents and general provisions to form the bidding package. One complete set of bid
package will be prepared. The special provisions will include, in addition to the material related items,
special construction requirements. The special provisions will incorporate requirements in areas relation
to such items as traffic control,pavement removal and replacement, and utility requirements. City
standards will be referenced as much as possible.
204 Prepare an opinion of probable cost. An opinion of probable construction cost will be prepared to
aid the City in its fin-ther planning and for the purpose of evaluating bids. The opinion will be itemized
in accordance with the schedule of work items contained in the contract documents. Since Boyle has no
control over actual costs of labor or materials submitted at the time of the bid, we cannot guarantee the
accuracy of the opinion of probable costs.
205 Progress submittal. A progress submittal will be made to the city at the 100 percent completion
stage for final design review. Four sets of plans and specifications will be submitted. Boyle will meet
with City staff to review comments. The plans, specifications and opinion of probable construction cost
will then be revised for final submittal to the City.
206 Deliver originals to the City. The original plans (on Mylar) and reproducible specifications will be
delivered to the City for copying for bidding and record purposes. Electronic files of the plans on disk
in AutoCAD format and of the specifications in MS Word will be provided to the City.
207 Quality Control. Boyle will perform a quality control review of the project documents prior to all
submittals.
300 Bidding and Construction Support
301 Bidding. Questions will be answered during the bidding phase.
302 Construction Support. Requests for information(RFI's)regarding the plans and specifications
will be answered to facilitate construction of the proposed facilities. We are assuming that 10 BFI's will
be submitted during the construction phase.
Assumptions
I. Any environmental analysis, documentation and processing will be performed by others. Any
mitigation measures identified in the environmental documents will be provided to Boyle during
the preparation of the specifications by the City.
2. All right-of-way required for the subject facility is available or will be acquired by the City. No
legal descriptions or mapping of easements is anticipated.
3. The City will provide topographic mapping,parcel lines, right-of-way lines, easements, water
utilities and sewer utilities. Boyle will be relying on the mapping for production of the
construction drawings, and assumes that these items are in the correct location unless otherwise
noted. rwi
4. Where the City furnishes plans and specifications prepared by others for incorporation in the bid
packages, the City agrees that Boyle will not review, evaluate or verify work performed by
others. Further, the City will indemnify, defend and hold harmless Boyle from any claims or
liability arising from the work performed by others,and incorporated into the Plans and
specifications at the direction of the City.
5. The City has stated that a geotechnical investigation for this project is not required because of the
small diameter and length of the pipeline involved.
AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE
NON-POTABLE WATER LINE AND PUMP MODIFICATION
FOR MUNICIPAL UTILITIES WATER SERVICE TO REDLANDS COUNTRY CLUB
ATTACHMENT B
PROJECT SCHEDULE
NON-POTABLE WATERLINE AND PUMP MODIFICATION
FOR REDLANDS COUNTRY CLUB WATER SERVICE
ITEM START DATEMP I iii E TION
100- Preliminary Design
101 - Kickoff Meeting 12/!0/04 12/10/04
,DdATE
DATE
0/04
102 -Establish Hydraulic Criteria, Design Memo 12/15/04 12/28/04
103 - Research Location of Underground Utilities 12/15/04 1115105
104 -Preparation of Preliminary Plan Sheets I/ /
105 - Review Meeting 12/15/04 1/7/05
1/7/05 1/ /
200-Final Design and Bid Document Preparation 1/7/05
201 -Perform Pipeline Design 1110105 1/28/0
202 - Prepare the Plans 1110105 1T2-8/05
03 -Prepare Specifications 1110105 1/28/05
204-Prepare Opinion of Probable Cost 1/17/05 1/28/0
205 -Progress Submittal 1/28/05 1/28/05
06-Deliver Submittals to City 2/4/05
207-Quality Control 2/4/05
1 1/21/051
300-Bid and Construction Support /21/05
301 -Bid Support 2/5/05 2/19/05
302 Construction support 2J19105 5131105
AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE
NON-POTABLE WATER LINE AND PUMP MODIFICATION
FOR MUNICIPAL UTILITIES WATER SERVICE TO REDLANDS COUNTRY CLUB
ATTACHMENT C
PROJECT FEE
Project Budget
Non-Potable Waterline for Redlands Country Club City of Redlands
Personnel-Hours
Budget
U
Task Description
.................
t
awed Firw iftm� Phase
U U z
101 -Kickoff Mccling -
Memorandum 5 5 1 11 S 1,405 S 100 S 1,505
103•Research Un 6
derground Utility Locations — 2 8 2 2 20 $ T29-0 T-2,290
104-Preparation of PreliminaryIn 2 7 —$7-670 —S-100 —$-770
1111--ahou and Compufer seryrtes I 2 8 40 — 51 If—4,500 ——f-4,500
- f_- —S-445 _S—445
1 11 10 20 42 5 39 5 9^5 s
200 Final Design and Bid Document -—
201 -Pefform npoltne Design �On
:I I
11,11:111,111c 111,77iiIAns 1 4 16 21 S 2,390 2,390
203-Prepare 7 1 11:1 11, I'll I
4specifications
6 20 _-80 — 106 $ 9,320
$ —300 —f-9,620
OE41 4
21 . .......-Ir.... ........ .... 4 12
ost
ui��,Iii 8 3�2.940 1—200 TS—3,040
r
0 ME _
205-Progmss submittal 2 2 8
0 - h 8 12 S1,420 -i-1,420
— Deliver LinginAls,tn r;Z 1 2 11 S
F26 980
207 — _S_980
-Quality Control 1 2 2 5
1 $ 4 —S-100 —S-550
Communication Kery 8 2 —2 12 24 T�2,960 —1-2,860
lubtotal $ S 1,035 $ 1,035
300 Bid and Construction ppoft 8 7 —20 62 100 10 —207 $ _20,M S $ 21,895
301-Bidding Support
TO-2---C—onstr�;cticnSunnr�t-inRFPs — 2 6 2 10 $ 1,010
S
Communication and cvI 4T io —5 10 29 $ 2,900
UU Y�_ $
195
4
TO,— 12 11 12 _34 S 1910=�195
1 4,105
91 22 1 42 1 931-- 1 1421 271 3351S 33.035 1 f-2,475 S 35,510
S
f 222710
Pape 1 Of I
Boyle Engineering coWab_
AGREEMENT TO FURNISH DESIGN ENGINEERING SERVICES FOR THE
NON-POTABLE WATER LINE AND PUMP MODIFICATION
FOR MUNICIPAL UTILITIES WATER SERVICE TO REDLANDS COUNTRY CLUB
ATTACHMENT D
RATE SCHEDULE
STANDARD HOURLY RATE SCHEDULE (OC—ES—ON)
BOYLE ENGINEERING CORPORATION
EFFECTIVE JANUARY 1, 2004
T
RMX MG ENG
PIMM",
,
23 Assistant I
22 Assistant II S 78.00
21 Associate $ 85.00
14 Senior l $110.00
13 Senior II $120.00
12 Princi $145.00
— Comoany Officer $180.00
lE' $180.00
36 Drager/Assistant CARD
37 tor/En 'neerin Intern
CADD for $ 56.00
38 Desi CADD $ 70.00
39 Desi CADD S isor $
34Desi lfechnician $110.00
33 Senior Desi er/Senior Civil Desi er $105.00
32 Desi K Supervisor $115.00
$118.00
SIAM
91-94 Clerk VII,Secretary UII
81-82 Account Clerk VII $ 55.00
95-96 Senior Secretary Ml
88-89 Administrative Specialist S 65.00
83/84 Jr.or Staff Accountant
68/58 S ial Consultant/Construction Observer
— Director Construction Services Ne otiated
€ $139.00
Two' n!Three- son S
Survev Crew
N otiated
Co ter Ex
–accounts for hardware and software
Photocopies-Color 8.5 x 1 I /I I x 17/8.5 x 11 Transparency $4.10 pler Direct Hr.
51.15!1.50/3.50
Photocopies-Black dt White Per &e
—
Fax $.20 Per P e
Communication -Tel one!Cellular $1.00 Per Pa e
Plan Sheet In House Bond/Vellum/Mylar S 1.00 Per Direct Hr.•
$3.50/4.50/7.50
Travel-Automobile/Truck Per Sheet
Travel-Other Than Automobile 50.75 Per Mile
Subconsultant Services Actual Cost+ 15%
Subcontracted Services/R reduction Actual Cost+15%
Actual Cost+ 15al
If overtime is authorized by ellen,an overtime Premium multiplier of 1.5 will be applied to the billing rate of
overtime in order to meet a deadline which cannot be met during noranl hours Applicable sake tan hourly personnel who work
Corporate OHrcers and consulting engineers wig be billed at 1.2 tiara the stated race for Principal. Invoices bre will Mnder d added to thly,hese rates.
is due upon presentation A late payment charge of 1.5%per month(but not exceeding the maximum rate allowable by law)will be applied to
an unpaid balance cortmrtencmg 30 days alta the dace of the ori ' Payment
genal invoxx.
•For Engineers,Architecu,Scmltism
Fee schedule is subject to change on January 1,2005. Interim
contract. Personnel classifications may be adjuautnents may be nude for selected categories unksa not allowed in the
y added,if appropriuo and agreed upon
REV 010104
J940vLe