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HomeMy WebLinkAboutContracts & Agreements_10-1989_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR DESIGN OF CAJON STREET AND ORANGE AVENUE TRU14K SEWERS This AGREEMENT is made and entered into as of this 21st day of February, 1989, by and between City of Redlands Municipal Utilities Department herein after referred to as "OWNER" and CM Engineering Associates, hereinafter referred to as "ENGINEER" In consideration of the mutual promises, covenants and con- ditions hereinafter set forth, the parties do hereby agree as follows: ARTICLE 1_- -ENG P ' ` OF T,HB ENGINEER 1 .1 The OWNER hereby engages the ENGINEER and the ENGINEER hereby accepts the engagement to perform Engineering services in connection with the debign of approximately 2300 feet of trunk sewers in Cajon Street and 1400 feet of trunk sewers in Orange Avenue between Tennessee and Kansas Streets, hereinafter called the Project. 1 .2 All work under this AGREEMENT shall be done in a pro- fessional manner, and ENGINEER represents that he is skilled in the professional expertise necessary to provide high quality services under this AGREEMENT- . 1 .3 The ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers performing the same type of work for the professional and technical soundness, accuracy and adequacy of all designs, drawings, specifications, and other work and materials furnished under this AGREEMENT. -1- ARTICLE 2 - SERVICES-OF THE ENGINEER 2 .1 The ENGINEER will perform the services in connection with the Project as defined in Attachment A, Scope of Work . 2 .2 The following additional services may be provided by the ENGINEER when requested and approved by the OWNER: 1 . Construction survey 2. Additional copies of plans and specifications 3 . Bidding Services 4. Construction services 5 . Construction Inspection services 6 . Miscellaneous services not specified elsewhere in the AGREEMENT. ARTICLE_1 - RKaRgNalBILITIES OF THE OWNER 3 .1 The OWNER will 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 OWNER will 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 work under this AGREEMENT. 3 .3 The OWNER will provide an environmental assessments or impact reports required for this project. 3 .4 The OWNER will designate in writing a person to act as the OWNER's representative with respect to the work to be performed under this Agreement, such person to have complete authority to transmit instructions, receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this AGREEMENT. ARTICLE 4 - PERIOD OF SERYXIE 4.1 The ENGINEER shall proceed with the engineering services set forth in Article 2 in accordance with the schedule defined in Attachment B. 4.2 The ENGINEER shall proceed with the services under this AGREEMENT promptly and will prosecute there diligently. -2- ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5 .1 For the services performed under Article 2, OWNER will pay the CONSULTANT on a time and materials basis at the hourly rates shown in Attachment C, Rate Schedule. The manhour estimates and total budgets are shown on Attach meat D, Fee Proposal. 5 .2 Payment for additional services requested by the OWNER per Article 2 .2 will be in accordance with a separately negotiated fee or in accordance with the hourly fees shown in Attachment C, Rate Schedule. 5 .3 CONSULTANT agrees that at the point 75-percent of budgeted costs have been expended for each scope project, the CONSULTANT will notify the OWNER in writing, including a brief report on job status, percent complete, analysis of budget, and envisioned expenses to complete the contractual effort. Budgets shall not be exceeded except if previously approved by OWNER. 5 .4 The CONSULTANT shall bill the OWNER within ten days fol lowing the close of each month by submitting an invoice indicating the work performed, who performed the work , and the detailed cost of all work including backup material, if requested® Payments by OWNER to CONSULTANT shall be made within 30 days after receipt and approval of CONSULTANT'S herein above invoice, by warrant payable to CM Engineering Associates . 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 should be addressed as follows: TO OWNER: CITY OF REDLANDS Municipal Utilities Department P . C. Box 3005 30 Cajon Street Redlands CA 92373 TO CONSULTANT: CM Engineering Associates 225 E . Airport Drive P.O. Box 6087 San Bernardino CA 92412 Attention: Mike Myers 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- ARTICLE 6 - INSURANCE AND INDEMNIFI1calION — 6 .1 ENGINEER shall maintain worker' s compensation insurance and, in addition shall maintain insurance to protect OWNER from claims for damage due to bodily injury, 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 property damage insurance shall be in a minimum combined single limit of $1,000 ,000 per occur- rence. The OWNER shall be narted a primary additional insured on insurance coverage for public liability and property damage . The ENGINEER shall provide OWNER with a certificate evidencing such insurance coverage. 6 .2 ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph to protect OWNER from negligent acts , errors or omissions of a profes- sional nature; the total aggregate of ENGINEER'S pro- fessional liability insurance coverage shall be a minimum of $1,000 ,000 . 6 .3 ENGINEER agrees to indemnify, hold harmless and defend OWNER and any and all of their officers, agents 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 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 party against the other to enforce any 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 work covered by this AGREEMENT, except with the prior written approval of the OWIZER and in strict compliance with the terms, provisions, and conditions of the CONTRACT. -4- 7 .3 The key ENGINEER'S personnel proposed ,ILFor this project are as follows: Mike Myers - Principal-In-Charge John Dahlke - Project Manager ENGINEER agrees that these key people will be made available and assigned to the OW14ERIS project, and that they will not be replaced without concurrence from the OWNER. 7 .4 It is understood and agreed by and between the parties that all documents, records, drawings, designs and spe- cifications, cost estimates, and other project documents developed by the ENGINEER pursuant to this AGREEMENT shall become the property of OWNER and shall be delivered to OWNER if and when requested upon completion of services. Any reuse of such documents for other projects and any use of incomplete documents will be at the OWNER' 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 OWNER or engaged by the OWNER for the account of or on behalf of the OWNER. 7 .6 Unless earlier terminated as stipulated below, this agreement shall terminate upon completion and acceptance by the OWNER of all work 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 1.2) an opportunity for consultation with the terminating party prior to termination . 7 .8 If this AGREEMENT is terminated by the OWNER 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, -5- and any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any ad-di- tional costs to the OWNER occasioned by the ENGINEER'S ea f termination for default is effected by the ENGINEER, the adjustment in compensation shall provide for payment to the ENGINEERto includea reasonable profit for services rendered and reimbursement for expenses incurred prior to the ternrinationt in addition to termination settlement costs reasonably incurred by the ENGINEER relating to: commitments which had become firm and approved by OWNER prior to the termination. 7 .9 Upon receipt of a termination notice, the ENGINEER shall promptly i nti ue all services affected (unless the notice directs otherwise) , and 2 deliver or other wise make available to theWIN R, copies of datat design calculations, drawings, specifications, report, - aea, summaries, and such ether information ter- ials may have been accumulated by th4-­EkGINEER in e o in this AGREEMENT. 7.10 ENGINEER shall maintain banks 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 at' the office Of .the ;ENGINEER. .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' Any supplement or amendment to; this AGREE- MENT be effective shall be in writing and signed by the OWNER and ENGINEER. .12 This AGREEMENT is to be governed by andconstrued in accordance with the laws of the State of California. IN WITNESS WHEREOFtduly` authorized representatives of the parties have signed' in confirmation of this AGREE- MENT. CITY OF REDLAUDS CM ENGINEERING ASSOCIATES Y- �M Mayon President TTES a° e `e I, 1989 I i k/ �. ATTACHMENT A SCOPE OF WORK The project involves the design of approximately 2,300 feet of 10 and 12 inch replacement sewer in Cajon Street from Clifton Court to Highland and from Summit to Garden Street and the design of approximately 1,400 feet of 10 inch trunk sewer in Orange Avenue, from Tennessee to Kansas. The peak flows for the hydraulic design of the trunk sewers will be provided by the Owner. The scope of work includes the following: TASK 1 PRE-DESIGN CONSULTATION Prior to initiation of project activities, Engineer will meet with the Owner to clarify the project requirements, review available data, discuss scheduling and identify any project constraints. In order to maintain close and open communication with the staff of the Owner, regular progress meetings will be held. TASK 2 RESEARCH AND REVIEW EXISTING DATA Engineer will research existing City, utility and other agency records. An in-depth review of available information will be conducted to assess the need for and extent of additional data collection. Field investigation will follow after plotting and analysis of all available information and field survey notes are completed. TASK 3 DESIGN SURVEYS Horizontal and vertical survey control will be established and street centerline profile and topographic surveys with ties to surface utilities will be completed. Also, flow line elevations of the existing sewers adjacent to the proposed trunk sewer alignment will be verified in the field where access can be gained through existing manholes. If Task 2 identifies need for additional information by potholing, that work will be performed and the survey ties will be made as part of Task 3. Engineer will direct the field work and a survey crew to tie out the additional information found. A potholing crew consisting of at least a backhoe and operator will be provided by the Owner to excavate and backfill. Owner crews will also cut, remove and repair any pavement in the way of potholing. TASK 4 PRELIMINARY DESIGN Preliminary design will be prepared for Owner approval. A summary preliminary design report will include technical design criteria, preliminary utility research results with recommendations for potholing; horizontal and vertical layout criteria; typical cross sections or preliminary profile; preliminary alignment plan; special appurtenances; proposed type, size and class of pipe; special construction conditions; a preliminary design construction cost estimate and any requirements for permits. Construction in Orange Avenue will require crossing a major drainage channel which will necessitate some special considerations in design as well as coordination with the Flood Control District. After review of all preliminary design by the Owner, Engineer will receive and incorporate the input and suggestions of the Owner into final design. TASK 5 GEOTECHNICAL INVESTIGATION Approximately 6 soil borings will be made to depths of approximately 15 feet. Barings would be spaced at approximately 800 feet intervals. Logs of the borings would be generated by an engineer or geologist as the borings are advanced. At least one undisturbed sample would be taken at each boring location. In addition, bulk samples or representative materials would be obtained. Laboratory tests on samples collected would be conducted as follows: In-situ moisture and density of all undisturbed samples; Maximum density obtained bycheckpoint in accordance with ASTM Procedure D1557 to evaluate the maximum density of the materials; Sand equivalents to determine the fine to coarse constituents in the soil; Sieve analvsis to evaluate the gradation and to assist in a Unified Soil classification; Direct shear tests to provide information for shoring design. A report would be prepared describing the field investigation and discussing an evaluation of the boring logs. It would also discuss the following: Excavatabili1y as related to the difficulty of making the excavation and also the type of materials. Bedding and Backfill Characteristics of Natural Soil as to the applicability of the materials to be used for the actual bedding, both with respect to method of placement and grain size and also the compaction characteristics of the excavation material for general backfill. Pressure Exerted on Buried Pipe presented as a Marston's diagram in order to depict the pressures from the overburdened soil on the new sewer line. Data to Evaluate Shoring Requirements including the type of soil and how it would be related to the OSHA requirements for trenches over five feet in depth. TASK 6 FINAL DESIGN Final design of approximately 3,700 feet of trunk sewer will be based on approved preliminary design concepts and will be done in accordance with City and Green Book standards. A cover sheet, plan and profile sheets to 40 and 4 scale and other final drawings will indicate the nature and extent of the project and will have sufficient information to bid and construct the project. Sewer lateral locations for the Cajon Street sewer main replacement will be shown based on Owner provided TV inspection reports. A bid schedule will be prepared for bidding a unit price contract with estimated quantities. An estimate of probable construction costs will be made. Special provisions and technical specifications will be prepared to supplement City and Green Book general conditions, specifications and bidding documents. Assistance will be provided as needed with other contract documents. Engineer will provide 25 complete sets of plans and specifications for bidding. ATTACHMENT B PROJECT SCHEDULE ITEM COMP=ON DATE 1. City Issues Notice-to-Proceed February 22, 1989 2. Submit Preliminary Design Package March 21, 1989 3. City Completes Preliminary Design Review March 29, 1989 4. Submit 85 percent Complete Plans, Specifications, and Estimate April 28, 1989 5. City Completes Final Design Review May 12, 1989 6. Submit Final Design Plans and Specifications May 22, 1989 _ ATTACHMENT °C" S� CIVIL&ENVIRONMENTAL ENGINEERING ENGINEERING ASSOCIATES LAND PLANNING AND SURVEYING PREVAILING HOURLY BILLING RATES August 1988 ENGINEERING Assistant Engineer $48.00 Associate Engineer 60.00 Civil Engineer 70.00 Senior Civil Engineer 78.00 Principal Engineer 83.00 Principal Consultant 90.00 Project Manager 78.00 Senior Project Manager 83.00 Research Assistant 33.00 Delineator 40.00 Drafter 45.00 Senior Drafter 52.00 Designer 55.00 Senior Designer 65.00 Principal Designer 70.00 Inspector 38.00 PLANNING Assistant Planner 48.00 Planner 65.00 Senior Planner 76.00 Principal Planner 83.00 Principal Consultant 90.00 SURVEYING Field Survey Supervisor 69.00 Principal Surveyor 83.00 3-Man Crew 170.00 2 Man Crew 130.00 Travel Time - 3 Man Crew (In excess of 8 hours) 88.00 Travel Time - 2 Man Crew (In excess of 8 hours) 65.00 ADMINISTRATIVE SERVICES Typist/Clerk 24.00 Mord Processing Operator 29.00 Administrative Assistant 35.00 MISCELLANEOUS SERVICES AND EXPENSES Court Appearances 110.00 (4 Hr. Min) Computer 30.00 (} Hr. Min) Mileage .35/Mile Subsistence Cost Outside Services Cost Plus 10% Materials & Other Expenses Cost Plus 20% * All rates are subject to change at such time as adjustments are made as a result of agreements, salary adjustments, and increased business expenses. 225 E. Airport Dr. • P.O. Box 6087,San Bernardino,California 92412• Phone(714)884-8804 or(714)825-9562 550 West Vista Way • Melrose Center• P.O. Box 2108,Vita, California 92083 - Phone(714) 75&3680 ATTACHMENT D FEE PROPOSAL C M Engineering Associates proposes to perform the design engineering for the Cajon and Orange Trunk Sewer Project, approximately 3,700 feet of 10 and 12- inch gravity trunk sewers, on a time and material basis per Attachment C billing rates. The fee is based upon the anticipated level of effort required to complete each task described in Attachment A in accordance with the project schedule in Attachment B. Our estimate of $34,295 is arrived at as follows: Classification Hours Fee PRELIMINARY DESIGN Utility Research Research Assistant 16 Potholing Supervision Research Assistant 8 Preliminary Investigation Principal Engineer 8 Principal Designer 8 Design Senior Designer 32 Draft Senior Drafter 40 Design Report Principal Engineer 16 Estimating Senior Designer 8 Coordinating & Meetings Principal Engineer 24 Word Processing Operator 8 Mileage 5 trips x 20 mi x $0.35/mi Printing — TA K TASK TOTAL 168 $10,383 DESIGN SURVEY Field Work 3 Man Crew 40 Office Research, Supervision & Calculations Principal Surveyor 16 Mileage 4 trips x 20 mi x $0.35/mi Stakes and Supplies TASK TOTAL $8,176 GEOTECHNICAL INVESTIGATION This work will be subcontracted at an estimated cost of$33,500. Our estimated fee will be $1,500 x 1.1 = $3,850. FINAL DESIGN Design Senior Designer 48 Drafting Senior Drafter 64 Estimating Senior Designer 8 Specifications Principal Engineer 16 Coordinating & Processing Principal Engineer 24 Principal Designer 8 Word Processing Operator 8 Mileage 2 trips x 20 mi x $0.35/mi Printing — TASK TOTAL 176 $11,886 ESTIMATED TOTAL DESIGN FEE $34,295