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HomeMy WebLinkAboutContracts & Agreements_38-1997_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR DESIGN OF PRESSURE SUSTAINING IMPROVEMENTS TO THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE This Agreement is made and entered into this 15th day of April, 1997 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Camp Dresser & McKee, Inc., (hereinafter"Engineer"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby agree as follows: ARTICLE I - ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform professional engineering services ("Services") for the Tate Water Treatment Plant Effluent Pipeline(the "Project"). 1.2 The Services shall be performed by Engineer in a professional manner, and Engineer 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 Engineers in the industry providing similar types of services. ARTICLE 2 -SERVICES OF ENGINEER 2.1 The specific Services which Engineer shall perform are more particularly described in Attachment "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. ARTICLE_3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Engineer information in its possession that is pertinent to the performance of Engineer's Services. 3.2 City will provide access to and make provisions for Engineer to enter upon City-owned property as required by Engineer to perform the Services. 3.3 City designates Mike Call, Project Manager to act as its representative with respect to the Services to be performed under this Agreement. 1 TATE WATER TREATMENT PLANT EFFLUENT PIPELINE Camp Dresser&McKee, Inc. April 15, 1997 ARTICLE 4 - PERIOD OF SERVICE 4.1 Engineer shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B. ARTICLE_5 - PAYMENTS TO THE ENGINEER 5.1 The total compensation for Engineer's performance of the Services shall not exceed $36,025 in accordance with Attachment C - Fee Proposal. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment D - Rate Schedule. 5.2 Engineer shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Engineer shall be made within 30 days after receipt and approval of Engineer's invoice, by warrant payable to Engineer. 5.3 All contractual 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 Engineer Mike Call Richard W. Corneille Municipal Utilities Department Camp Dresser & McKee, Inc. 35 Cajon Street 2920 Inland Empire Blvd. P.O. Box 3005 Ontario CA 91764 Redlands CA 92373 When so addressed, such notices shall be deemed given upon: deposit in the United States Mail. In all other instances, notices, bill 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 - INSURANCE AND INDEMNIFICATION 6.1 Engineer shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury and 2 TATE WATER TREATMENT PLANT EFFLUENT PIPELINE Camp Dresser&McKee, Inc. April 15, 1997 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 single limit of$1,000,000, and in the aggregate. Engineer shall maintain comprehensive automobile liability insurance with a combined single limit of$1,000,000 for bodily injury and property damage. Engineer shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per occurrence. City shall be named as an additional insured under all policies for public liability,property damage and comprehensive automobile liability and professional liability insurance, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Engineer shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Engineer shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges 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 or negligent act or actions, omission or failure to act on the part of the Engineer, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe 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 Engineer 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 this Agreement. 7.3 Engineer's key personnel for the Project are: Project Manager: Richard W. Corneille, P.E. Project Engineer John Price, P.E. Engineer agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 3 TATE WATER TREATMENT PLANT EFFLUENT PIPELINE Camp Dresser&McKee, Inc. April 15, 1997 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases 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 the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Engineer is for all purposes an independent contractor. All personnel employed by Engineer are for its account only, and in no event shall Engineer 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 If this Agreement is terminated by City, 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 Engineer at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Engineer. 7.9 Upon receipt of a termination notice, Engineer shall (1) promptly discontinue all services affected, and (2) 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 Engineer in performing the Services required by this Agreement. 7.10 Engineer shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Engineer. TATE WATER TREATMENT PLANT EFFLUENT PIPELINE Camp Dresser&McKee, Inc. April 15, 1997 7.11 This Agreement, including the attachments 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 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 City and Engineer have signed in confirmation of this Agreement. City of Redlands Camp Dresser & McKee, Inc. ("City„) Engineer By: SWEN LARS N Richard W. Corneille Mayor Vice-President ATTEST: Cot lerC, 'Ct .lands 5 ATTACHMENT A TO AGREEMENT BETWEEN OWNER AND ENGINEER TO FURNISH ENGINEERING SERVICES FOR CITY OF REDLANDS DESIGN OF PRESSURE SUSTAINING IMPROVEMENTS TO THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE SCOPE OF WORK Review the December 20, 1994 conceptual design and meet with City staff to confirm hydraulic and operational requirements. 2. Site investigation: Investigate existing utilities and property lines in the vicinity of the proposed improvements. This work includes the collection and review of utility record drawings and a field survey to establish/confirm property lines and collect topographic data for base maps. CDM will also conduct 3 geotechnical borings with associated soil tests and reports to determine subsurface conditions. If available, CDM will review additional geotechnical information from previous City construction/design documents for the effluent pipeline. 3. Prepare the following construction drawing.- • Title sheet with location and vicinity maps, legend, abbreviations, agency index, and construction notes. Pipeline improvement plan and profile sheet. Drawn to I inch =20 feet horizontal scale and I inch =4 feet vertical scale with existing topography and utilities, proposed improvements, and construction notes. • One electrical/instrumentation sheet for power supply and integration with the City's SCADA system. • Two detail sheets with necessary pipeline, manhole/vault, and instrumentation details. 4. Prepare modifications and/or special provisions for the City's standard "front end" documents and standard specifications. vs:1405-rnK'tPr(7Pf'-faArediangLv\aitachmt,wpd Attachment A (continued) Scope of Work 5. Submit 90% complete construction drawings for City review, incorporate comments, and submit final drawings for construction. 6. Attend one two-hour meeting with City staff to review comments on the 90% submittal. T Prepare a bid sheet. S. Prepare an engineer's opinion of probable construction costs. 9. Perform project management and quality assurance/quality control (QA/QC) during the execution of the contract. This work includes the preparation of invoices and progress reports; contracts with, and management of, any subcontractors (survey and I geotechnical); internal and CDM-City communications/coordination; and QA/QC of completed documents. Please note that this proposed scope of work does not include construction, construction management services, or permitting activities, except for the preparation of documents for permit submittals. w:WO5-inw\preipf)-vaAredktn,dv�attachm.t,wpd ATTACHMENT B TO AGREEMENT BETWEEN OWNER AND ENGINEER TO FURNISH ENGINEERING SERVICES FOR CITY OF REDLANDS DESIGN OF PRESSURE SUSTAINING IMPROVEMENTS TO THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE PROJECT SCHEDULE CDM will submit the 90% review documents 6 to 8 weeks after receiving notice to proceed and any applicable City record drawings, documents, or specifications. CDM will submit the 100% complete construction drawings within 2 weeks of meeting with the City to review comments. w:1405-nswlprr)prssattredtandv\wtach t.wird ATTACHMENT C TO AGREEMENT BETWEEN OWNER AND ENGINEER TO FURNISH ENGINEERING SERVICES FOR CITY OF REDLANDS DESIGN OF PRESSURE SUSTAINING IMPROVEMENTS TO THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE FEE ESTIMATE Compensation for services of principals and employees of the ENGINEER rendered for performance of the Scope of Work, Attachment "A" will be based on Article 5.1 and 5.4 of the Agreement. The estimated breakdown of labor hours, labor fees and nonsalary expense is shown in Table 1, Fee Estimate. w:\405-mw\propt'i,vaAredlandv\attachrnL wpd :Camp Dresser&McKee Table 1 March 25, 1997 City of Redlands Henry Tate WTP Effluent Line Improvements Fee Estimate Task/Description Labor Mrs) Costs CO PM PE SE DFT Total Labor I ODCs I —o-p-sTotal---T I Review Conceptual Design 0 2 2 0 0 4 $450 $50 $0 $505 2 Site/Utility Investigation 0 4 0 16 0 20 $1,660 $200 $7,000 $9,580 3 Prepare Construction Drawings 5 32 40 40 80 197 $16,670 $400 $0 $17 4 Front End Documents, Special Provisions 2 4 4 4 0 14 $1,480 $50 $0 $1,110 ,535 5 90% and 100% Submittals 0 0 0 0 0 0 $0 $500 $0 $550 6 Meetings (two 2-hour) 6 8 0 0 2 16 $2,110 $100 $0 $2,220 7 Prepare Bid Sheet 0 1 0 4 0 5 $415 $50 $0 $470 8 Prepare Engineer's Opinion of Costs 1 2 4 8 0 15 $1,340 $50 $0 $1,395 9 Project Management and QA/QC --2— 8 6 0 8— 24 ----$2,440 $-200 $0 $2,660 1 16 61 56 72 90 295 $26,565 $1,600 $7,000 ±2E,025 __j ATTACHMENT D TO AGREEMENT BETWEEN OWNER AND ENGINEER TO FURNISH ENGINEERING SERVICES FOR CITY OF REDLANDS DESIGN OF PRESSURE SUSTAINING IMPROVEMENTS TO THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE SCHEDULE OF HOURLY RATES January 1, 1996 ate -ries Z-- Hourly Rate Engineers/Scientists Grade 1 $60.00 Grade 2 70.00 Grade 3 80.00 Grade 4 90.00 Grade 5 100.00 Grade 6 110.00 Principal 125.00 Associate 135.00 Vice President 150.00 Sr. Vice President 165.00 Support Service Designer Drafter 1 $35.00 Designer Drafter 2 45.00 Designer Drafter 3 55.00 Designer Drafter 4 65.00 Designer Drafter 5 70.00 Designer Drafter 6 90.00 Designer Drafter 7 95.00 Designer Drafter 8 100.00 Planner 4 85.00 Inspector(CNR14) 70.00 Inspector(CNR 15 90-00 w:\405-mw\proposatxredLandv\auachmt wpd ateoriel Hourly Rate Support Service (cont'd) Administrative Manager 70.00 Administrative Assistant 45.00 Office Clerk 30.00 Clerical Manager 50.00 Work Processor 45.00 Technical Writer 65.00 Financial Manager 75.00 Contract Administrator 70.00 Finance Assistant 45.00 Accounting Clerk 45.00 Miscellaneous Expenses Auto Mileage Z� 0.30/mile Computer Time- PC 4.00/hour Computer Time - AutoCad 12.00/hour Outside Services Cost + 10% Material and Other Expenses Cost + 10% w:\405-mwl 7rtjposaAredLands\auachmi,wpd