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HomeMy WebLinkAboutContracts & Agreements_22-1996_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR PALMETTO/ALABAMA TRUNK SEWER LINE ' This Agreement is made and entered into as of this 2 � t4th day of March, 1996, by and between City of Redlands Municipal i hereinafter referred to as "CITY" Utilities Department, and C M Engineering Associates, Inc., hereinafter referred to as "ENGINEER". In consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties do hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF THE ENGINEER 1.1 The CITY hereby engages the ENGINEER, and the ENGINEER hereby accepts th engagement to perform engineering services for the Palmetto/Alabama Project, hereinafter referred to as "Project". p e Trunk Sewer Line 1.2 All services under this Agreement shall be done in ENGINEER represents that the firm employs those persons w' a professional manner, and the and the professional expertise necessary with the demonstrated skill Agreement. ry to provide high quality services under this 1-3 The ENGINEER shall be responsible, to the level of by other practicing professional engineers providing the competency sameency presently professional and technical soundness, accuracy and adequacy y maintained drawings, type of services, for the specifications, and other services and y of all reports designs, Agreement. materials furnished under this ARTICLE 2 - SERVICES OF THE ENGINEER 2.1 The ENGINEER shallerform Attachment A, Scope of p Work. the services required for the Project as defined in 1 Palmetto/Alabama Trunk Sewer Line 2.2 Additional services may be provided by the ENGINEER when requested and approved by the CITY and agreed to by the ENGINEER. ARTICLE 3 - RESPONSIBILITIES OF THE CITY 3.1 The CITY shall place at the disposal of the ENGINEER all available information pertinent to the Project, including previous reports and any other data relative to the Project. 3.2 The CITY shall provide access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his services under this Agreement. 3.3 The CITY shall provide all environmental assessments or impact reports required for this project and not otherwise specifically required to be provided by the ENGINEER. 3.4 The CITY shall designate in writing a person to act as the CITY'S representative with respect to the services to be performed under this Agreement, such person to have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 The ENGINEER shall proceed with the engineering services set forth in Article 2 in accordance with the schedule defined in Attachment B: Schedule. 4.2 The ENGINEER shall proceed with the services under this Agreement promptly and shall prosecute them diligently. ARTICLE 5 - PAYMENTS TO THE ENGINEER 5.1 For the services performed under Article 2, Owner shall pay the ENGINEER on a time and materials basis at the hourly rates shown in Attachment D, Schedule of Rates, except as provided herein. The manhour estimates and total project budget are shown in Attachment C, Fee Proposal. The total amount of compensation for the Project shall not exceed the total shown in Attachment C, Fee Proposal, unless the scope of the Project is materially changed and agreed to by the Parties. 2 t Palmetto/Alabama Trunk Sewer Line 5.2 Payment for additional services requested by the CITY per Article 2.2 shall be in accordance with a separately negotiated fee or in accordance with the hourly rates shown in Attachment D: Schedule of Rates. 5.3 ENGINEER agrees that at the point 75 percent of budgeted costs have been expended the Project, the ENGINEER will notify the CITY in writing including a briefreport on job status, P Percent complete, analysis of budget, and envisioned expenses to com lete the c effort. The budget shall not be exceeded except if previously p ontractual P y a pproved by CITY. 5.4 The ENGINEER shall bill the CITY within ten (10) days following the close of month by submitting an invoice indicating the work performed, who performedeach under which subtask in the Project budget the work was performed, indirect Costs, and if requested, the detailed cost of all work including back-up documentation. Payments by CITY to ENGINEER shall be made within 30 days after receipt and ap roval of ENGINEER'S invoice, by warrant payable to the ENGINEER. p 5.5 All notices, bills and payments shall be made in writing and may be given b personal , bills and payments sent by mail shall be addressed as delivery or by mail. Notices follows: TO CITY: Gary Phelps Municipal Utilities Department P.O. Box 3005 Redlands CA 92373 TO ENGINEER: Paul J. Hacunda, P.E. C M Engineering Associates, Inc. P.O. Box 6087 San Bernardino CA 92412 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this paragraph. 3 Palmetto/Alabama Trunk Sewer Line ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 ENGINEER shall maintain worker's compensation insurance and, in addition, shall 4 maintain insurance to protect CITY from claims for damage due to bodily injury, I personal injury, or death and claims for injury to or destruction of tangible property while performing the services covered by this Agreement. Said public liability and 1 Properly damage insurance shall be in a minimum combined single limit of $1,000,000, and in the aggregate. The CITY shall be named a primary additional insured on insurance coverage for public liability androp provide CITY with a certificate evidencing such insurance uran e coverage ty damage. The ENGINEER shall 6.2 ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph to protect CITY from negligent acts, errors or omissions of a professional nature; the total aggregate of ENGINEER'S professional liability insurance coverage shall be a minimum of $1,000,000. 6.3 ENGINEER agrees to indemnify, hold harmless and defend CITY and any and all of their elected officials, officers, agents, engineers, and employees from and against all claims, loss, damage, charge or expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful misconduct or negligent act or actions, omission or failure to act on the part of the ENGINEER, his contractors, his suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable in the performance of the services described in this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event of any legal action brought by either parry against the other to enforce an of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, expenses, including attorney's fees, as may be set by the Court. 7.2 The ENGINEER shall not sublet or assign any of the services covered by this Agreement, except with the prior written approval of the CITY and in strict compliance with the terms, provisions, and conditions of the Agreement. 4 Palmetto/Alabama Trunk Sewer Line 7.3 The ENGINEER'S key personnel proposed for the Project are as follows: Project Manager: Paul J. Hacunda, P.E. Pipeline Engineer: Mohammad Younes, P.E. Principal Surveyor: David Crosswhite, L.S. Project Geologist: Michael Cook,Registered Geologist(Converse Consultants) ENGINEER agrees that these key CITY'S Project, and that they shall not obeereplaced shall e�without concumade brrence le and assigned to the � from the CITY. 7.4 It is understood and agreed by and between the parties that all documents records, drawings, designs and specifications, cost estimates, and other project documents developed by the ENGINEER pursuant to this Agreement shall become the property of CITY and shall be delivered to CITY upon completion of services. Any reuse of such documents for other projects and any use of incomplete documents shall be at the CITY'S sole risk. 7.5 ENGINEER is for all purposes an independent contractor. All qualified personnel provided by ENGINEER pursuant to the provisions of this Agreement are to be employed by ENGINEER for his account only, and in no event shall ENGINEER or any personnel retained by him be deemed to have been employed by the CITY or engaged by the CITY for the account of or on behalf of the CITY. 7.6 Unless earlier terminated, as stipulated below, this agreement shall terminate upon completion and acceptance by the CITY of all services approved for performance under Article 2 of this Agreement. 7.7 This Agreement may be terminated in writing by either party in the event of failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party: providing, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. 7.8 If this Agreement is terminated by the CITY for reasons of default by the ENGINEER an adjustment to ENGINEER's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs to the CITY occasioned by the ENGINEER'S default. If termina- tion for default is effected by the ENGINEER, the adjustment in compensation shall Provide for payment to the ENGINEER to include a reasonable profit for services 5 Palmetto/Alabama Trunk Sewer Line ry rendered and reimbursement for expenses incurred prior to the termination. in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm and approved by CITY prior to the termination. 7.9 Upon receipt of a termination notice, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY, copies of data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ENGINEER in performing services under this Agreement. 7.10 ENGINEER shall maintain books and accounts of all project related payroll costs and all expenses and incidental expense. Books shall be available at all reasonable times for examination by the CITY at the office of the ENGINEER. 7.11 This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the CITY and ENGINEER 7.12 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 parties have signed in confirmation of this Agreement. CITY OF REDLANDS C M ENGINEERING ASSOCIATES, INC. ("CITY") ("ENGINEER") B AP 77r2-r SWEN CARSON By: Mayor DONALD R. C ` PBE L President ATTEST: Cut erx, Z o Redlands 6 i } ATTACHMENT "A" SCOPE OF WOR{ CITY OF REDL4NDS PALMETTOIALTRUNK SEWER LINE Based on the RFP and CMEA's understanding of the project, the scope cope of work will include the following: PRELIMINARY DESIGN Preparation of a summary preliminary design report including technical design criteria; preliminary utility research results with recommendations for potholing; horizontal vertical layout criteria; typical cross sections showing proposed pipe location; relimand alignment plan; special appurtenances; proposed P inpipe; construction conditions; a Preliminarydesign type, size and class of pipe; special gii construction cost estimate and any requirements for permits or new easements. DESIGN SURVEYS Performance of a design survey including establishing horizontal and vertical control topographic and centerline survey, thorough existing utilities research and tieing potholed utilities into design survey. CMEA anticipates a potholing crew consisting of at least a backhoe and operator will be provided by the City to excavate and backfill. Ci crews would also cut, remove and repair any pavement involved in the pothole operation. GEOTECF[NICAL I 'STIGATION Provide a geotechnical investigation to evaluate the subsurface conditions along the proposed alignment to provide recommendations for geotechnical design and construction of the project. FINAL DESIGN Preparation of construction drawings on standard City plan and profile sheets at 40 scale specifications and details and the American Public , special details and specifications for the project. It is understood that City standard Works Association (Aty and Southern California Contractor's Association "Green Book" specifications will be used to the maximum extent possible. We will prepare any special conditions, technical specification not covered by standards, a bid schedule and quantity take-off, an engineer's construction cost estimate, and permit applications. Drawings will be prepared utilizing computer aided drafting, and submitted in both digital and conventional media. RIDDING AND CONSTRUCTION CMEA will be available as requested to attend pre-bid and pre-award conferences, respond to questions, prepare addendums and assist the City staff in analyzing bids.If requested, CMEA will assist City staff in the review of special submittals, attendance at a pre-construction meeting, interpret drawings and review change order requests. CL -- -- --- -- --- -- -- Lij Li Z } Li O N N N Ir Y3 O V'f N V -` O N N Li ATTACHEMENT"C' CITY OFREDLANDS PALMETTO/ALABAMA TRUNK SEWER LINE FEE PROPOSAL ES I IMATE OF FEES TASK/PERSONNEL PRNC ENGR DESIG SURV, SECR Sl1BT0T TASK SURV'R DRAT CREW TYPING TOTAL BILLI RATE _125 95 75 -140 401 1.PRE—DESIGN CONSULTATION —MeetingW/Ci 2 4 4 2 1010 —Review Data 2 8 8 1610 —Bi—Weekly Meetings 4 16 4 2180 $4,800 2. RESEARCH AND REVIEW EXISTING'DATA Research Available records including the followin s: —Ci Records 4 2 530 —Utility Records 4 8 2 1060 —Easements, Right of Wa 6 4 2 950 —Feld Review 2 2 4 95 —Plot Existin Data 8 12 1660 3. DESIGN SURVEY —Horizontal Control 2 4 16 4 2390 —Vertical Control 2 8 4 4 1870 —Field St j 11ARGETS 4 4 8 1800 —Di ital Aerial To o r h Subcontracted to Inland Aerial $5,000 * 1.15 _ —Easement Documents 5750 8 81 41 1520 _V$13,3301 4. PRELIMINARY DESIGN —Desi n 2 16 24 4 3730 —Draftin 4 32 4 2940 —Cast Estimate 4 8 2 1060 —Coordination 4 16 4 4 2480 Design Report 2 16 4 8 2390 $12,600 TASK/PERSONNEL PRNC _ENGR��.DESIGIBECK Sl1BTOT ASKSURV' CRI T TYPING BILLING RATE TC?��TA 125 95 75 140 40 5. GEOTECHNICAL INVESTIGATION Work will be subcontracted to Converse Consultants $4,750 * 1.15 $5,463 6. FINAL DESIGN —Desi n 2 12 32 3790 —Draftin 8 40 4 3920 —Cost Estimate 4 8 2 1060 —Coordination 4 16 4 4 2480 —Bid Docs. 24 4 8 3400 $14,650 7. REIMBURSABLES Bud for osta —Estimmate e, milea e and re roduction of prints and bid documents $2,000 TOTAL 30 196 232 20 54 $57,943 NOTE: Our estimate of cost is based on the following assumptions: 1. The sewer will be designed as trunk sewer without service laterals. 2. The City will secure all the easement and right of way documents. 3. The City will perform the potholing as needed. 4. California Environmental Quality Act (CEQA) requirements are met by the City without involvement of C M Engineering staff time in preparation of documents or attendance at hearings, etc. If attendance of hearings is required, it will be provided at additional cost as EXTRA. 5. The City will obtain all permits and approvals of other agencies as needed. Monthly on a time and material billing basis based upon the attached Prevailing Hourly Billing Rates, with an initial budget of$55,945, plus a budget amount of$2,000 for the cost of reimbursable expenses. This budget amount is for authorization purposes only. Should the total of the monthly billings reach seventy five percent (75%) of the budget amount, Consultant and Client will review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the project is appropriate. Progress billings will be forwarded to Client on a monthly basis. Invoices will include the fees earned for the billing period plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review invoices within twenty (20) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. ATTACHMENT 'D" SCHEDULE OF RATES* ENGINEERING Principal Consultant $125.00 Project Manager 95.00 Project Engineer/Project Designer 95.00 Engineer/Designer 75.00 Entitlement Specialist 75.00 Drafter Inspector 60.00 Technician 45.00 33.00 PLANNING Principal Consultant $125.00 Principal Planner 90.00 Senior Planner 80.00 Planner 70.00 Associate Planner 65.00 -Assistant Planner 55.00 SURVEYING Principal Surveyor $ 95.00 Chief of Surveys 90.00 Field Survey Supervisor 75.00 Survey Technician 75.00 3-Man Crew 170.00 2-Man Crew 140.00 Travel Time (3-man crew in excess of 8 hours) 95.00 Travel Time (2-man crew in excess of 8 hours) 80.00 ADMINISTRATIVE SERVICES Word Processing Operator 40.00 Administrative Assistant 60.00 MISCELLANEOUS SERVICES AIND EXPENSES Court Appearance (4 hour minimum) 250.00 Mileage (per mile) 0-35 Subsistence cost Outside Services Cost + 100/0 Materials & Other Expenses Cost + 20% All rates arc subject to change at such time as adjustments are made as a result of agreements, salary adjustments and increased business expenses.