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HomeMy WebLinkAboutContracts & Agreements_81-96_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES ON WATER AND WASTEWATER ISSUES This Agreement is made and entered this 6th day of August, 1996, by and between the City of Redlands, a municipal corporation(hereinafter "City") through the Office of the City Attorney and C112M Hill, (hereinafter "Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth,the City of Redlands and CH2M Hill hereby agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement,to perform engineering consulting services (the "Services")for the City of Redlands. 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 - SERVICES OF CONSULTANT The specific Services which Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 Citv shall make available to Consultant all information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City shall provide access to and make provision for Consultant to enter upon public and private lands, as required, for Consultant to perform the Services. 3.3 City shall designate in writing a person to act as City's 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 diligent manner and in accordance with, the DJM1, 3LE schedule requested from time to time by City. Time is of the essence for the performance of Consultant's Services. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultants'performance of the Services shall not exceed$5,000. City shall pay Consultant on a time and materials basis at the hourly rates shown in Exhibit "B," entitled "Schedule of Rates," which is attached to this Agreement and incorporated herein by this reference. 5.2 Consultant shall bill City within ten (10) days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, indirect costs, and if requested, the detailed cost of all work including back-up 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: City: Daniel J. McHugh Consultant: Michael Savage City Attorney CH2M Hill 35 Cajon Street PO-Box-16960 3 Hutton Centre Drive P.O. Box 3005 25-1-0-Red-Hff]7Avenu-e.-SnitL-A Suite 200 Redlands CA 92373 Santa Ana, CA 9L2-70-5- 92707 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. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain workers' compensation insurance and, in addition. shall maintain insurance to protect City from claims for damage due to bodily injury,personal injury and death, and claims for injury to or destruction of tangible property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined ggr single limit of$1,000,000,and in the aggregate. Consultant shall also mainain comprehensive automobile liability insurance with a combined single limit of$1,000,000 for bodily itijun., and property damage. City shall be named an additional LJM1003LE 2 insured under all policies for public liability, property damage and comprehensive automobile liability insurance, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant shall indemnify,hold harmless and defend City and any and its elected officials, officers,agents and employees from and against all claims, loss, damage,charge or expense, to -which it or any of them may be put or subjected to the extent that they arise out of or result from any willful misconduct or negligent act or actions, omission or failure to act on the part of the Consultant, its contractors, its 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 required by this Agreement. 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 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of the Agreement. 7.3 All documents, records, drawings, designs and specifications, cost estimates and other Project 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 in the event this Agreement is terminated prior to completion of the Services. Any reuse of such documents for other projects and any use of incomplete documents shall be at City's sole risk. 7.4 Consultant is for all purposes an independent contractor. 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 Citv. 7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.6 This Agreement may be terminated by either party, without cause, by providing thirty (3)0) 33 T1 E 3 W_ - days prior written notice to the other(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 Z, be made,but(1)no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due to 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) promptly discontinue all services affected(unless the notice directs otherwise), and(2)deliver or otherwise make available to City, copies of data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing services under this Agreement. 7.9 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations,proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by the City Council of City and signed by City and Consultant; provided,however, further City Council approval shall not be required for any amendment to this Agreement which increases the scope of Services for a cost not to exceed $5,000. 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 parties have signed in confirmation of this Agreement. City of Redlands CH2M Hill ("City") ("Consultant") 10� By: S-,ven Larson 4ae4-SavageJamesZ.A/B 1 o4mquist Mayor I)ri1X4Pff+ Vice President ATTEST. C It � -ity (4c, i di a n ds,"rk C C� - rM 0 51,E 4 Technical Review of EIR SCH NO. 94082084 Attachment A Scope of Work Purpose The purpose of this contract is to provide engineering consulting support to City of Redlands (City) City Attorney on water and wastewater issues associated with the proposed project described in Environmental Impact Report, SCH NO. 94082084. The proposed project will include construction and operation of an on-site water extraction, treatment, and storage system and an on-site wastewater collection and treatment system to accommodate project- related demands. Scope Under this scope of work, CH2M HILL Senior Staff, John Gaston and Mike Savage, will investigate the current status of the project with the Santa Ana RWQCB and the California Department of Health Services and provide summary and recommendations to the City Attorney. Technical Review of EIR SCH NO. 94082084 Attachment B Schedule Work under this contract initiates on August 6, 1996 and terminates September 30, 1996. Technical Review of EIR SCH NO. 94082084 Attachment C Fee The not to exceed fee is $5,000. The scope of work is defined by the fee. CH2M HILL is not obligated to exceed the fee and the City is not obligated to pay beyond the fee limit without revisions to this contract. Technical Review of EIR SCH NO. 94082084 Attachment D Rate Schedule Classification Hour v rate Professional Grade 7 $168.00 Professional Grade 6 $144.00 Professional Grade 5 $129.00 Professional Grade 4 $114.00 Professional Grade 3 $100.00 Professional Grade 2 $90.00 Professional Grade 1 $83.00 Technician Grade 5 $105.00 Technician Grade 4 $90.00 Technician Grade 3 $79.00 Technician Grade 2 $67.00 Office $50.00 Rates are subject to adjustment on December 25, 1996.