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HomeMy WebLinkAboutContracts & Agreements_26-1985_CCv0001.pdf STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL STUDY AND REPORT SERVICES THIS IS AN AGREEMENT made as of the twentieth day of September in the year Nineteen Hundred and Eighty Five by and between the City of Redlands ( hereinafter called OWNER) and Camp Dresser & McKee Inc. ( hereinafter called ENGINEER) . OWNER wishes ENGINEER to perform professional engineering services, to serve as OWNER' s professional engineering representative, and to provide professional engineering consultation and advice for a professional fee (as set forth below) in connection with the determination of fees to fund the correction of deficiencies in the OWNER's sewer system (hereinafter called Assignment) . SECTION 1. BASIC SERVICES TO ENGINEER 1.1 ENGINEER shall perform the following professional services: 1.1.1 Consult with OWNER to clarify and define OWNER's require- ments relative to the Assignment and review available data. 1.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others special services and data required in connection with the Assignment (which services and data ENGINEER is not to provide hereunder but on which ENGINEER may rely in performing services hereunder) , and act as OWNER' s representative in connection with any such services of others. 1.1.3 Prepare a report of ENGINEER's findings and recommenda- tions, furnish 25 copies to OWNER, and present it in person and review it with OWNER. 1.2 The duties and responsibilities of ENGINEER described above are supple- mented and amended as indicated in Paragraph I of Exhibit A, "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters," which is attached to and made a part of this Agreement. 1.3 Additional professional services (Special Services) related to the Assignment will be performed by ENGINEER on request of OWNER for an additional professional fee as the parties may subsequently agree. Page I of 4 SECTION 2. OWNER 'S RESPONSIBILITIES OWNER shall : 2.1 Provide all criteria and full information as to OWNER'S requirements and designate a person with authority to act on 0WNER's behalf OM all matters concerning the Assignment. 2.2 Furnish to ENGINEER all existing studies , reports, and Other available data and services to others pertinent to the Assignment, and obtain additional reports and data as required; and ENGINEER shall be entitled to rely upon all such information and services in performing services hereunder. 2.3 Arrange for aCCg5s to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder. 2.4 Perform such Other functions as are indicated in Paragraph 2 of Exhibit A, "Further Description Of Basic Services, Duties of Owner, Method of Payment, and Related Matters." SECTION 3. PERIOD OF SERVICE ENGINEER shall start performing services hereunder upon execution Of this Agreement and will complete such services and submit the draft report by December 2, 1985. Additional requirements as to the timing Of ENGINEER'5 services in relation to the services Of others or the happening of events beyond ENGINEER'5 control are set forth in Paragraph 3 Of Exhibit A, "Further Description of BO6fC Services, Duties Of Owner, Method Of Payment, and Related Matters." SECTION 4. PAYMENT 4.1 OWNER shall pay ENGINEER for services rendered hereunder as indicated in Paragraph 4 of Exhibit A, "Further Description of Basic Services , Duties of Owner, Method Of Payment, and Related Matters." 4.2 ENGINEER shall submit monthly statements. 4.3 ENGlNEER` s above charges are QD the basis Of prompt pdJom8Ot of bills rendered and continuous progress of the work on the Assignment until submission of the report. 4.4 If OWNER fails to Wake any payment due ENGINEER for services and expenses within sixty days after receipt of ENGINEER's bill therefor, the amount due ENGINEER shall include a charge at the rate of 1.0 per- cent per month from said sixtieth day, and in dddft10O ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement unƒil ENGINEER has been paid in full all a0OVDtS due for services and expenses. Page 2 of 4 ' SECTION 5. COST CONTROL 5. 1 0WNER'$ budgetary requirements and considerations in respect Of the Assignment are set forth in Paragraph 5 Of Exhibit A, "Further Description of Basic Services, Duties of Owner, Method Of Payment, and Related Matters." 5.2 Opinions Of probable construction cost, financial evaluations , feasibility studies, eCOMD0ic analyses of alternate solutions, and utilitarian considerations Of operations and maintenance costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER' 5 exper- ience and qualifications and represent ENGINEER's best judgment as an experienced and qualified design professional . It is recognized, however, that ENGINEER does not have control over the cost of labor, material , equipment, or services furnished by Others Or over market conditions or contractors' methods Of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the report must of necessity be speculative until completion Of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids, Or actual costs will not vary from opinions, evaluations, Or studies submitted by ENGINEER to OWNER hereunder. SECTION 6. MISCELLANEOUS 6. 1 All documents prepared by ENGINEER pursuant to this Agreement are instruments of service in respect Of the facility that is to be coO- structed. They are not intended Or represented to be suitable for reuse by OWNER Or others in extensions Of the facility beyond that now contemplated Or On any other facility. Any reuse by OWNER without written verification Or adaptation by ENGINEER for the specific purpose intended will be at OWNER/6 sole risk and without liability Or legal exposure to ENGINEER. 6,2 The obligation to provide further services under this Agreement may be terminated ( a) by OWNER with or without cause upon seven days' written notice to ENGINEER and /b\ by ENGINEER for cause QDoD seven days' written notice to 0WNER. In the event Of any tSm0fnatfOD, ENGINEER will be paid for all services rendered to the date of termination, all reimbursable expenses, and termination expenses . 6.3 OWNER and ENGINEER and the respective partners, successors, executors, administrators, assigns, and legal representatives of each are bound by this Agreement to the other party to this Agreement and to the partners, successors, administrators, assigns, and legal representa- tives of such other party in respect of all cOUV8DantS, agreements, and obligations of this Agreement. 6.4 Nothing herein shall be construed to give any rights Or benefits hereunder to anyone other than OWNER and ENGINEER. 6.5 This Agreement is to be governed by the law of the principal place of business Of the ENGINEER. Page 3 Of 4 6.6 This Agreement (consisting of 4 pages) and Exhibit A identified above (consisting of 3 pages) , constitute the entire Agreement between OWNER and ENGINEER and supersede all prior written or oral understandings between them in respect of the subject matter covered hereby. This Agreement and said Exhibit A may only be amended, supplemented, modified, or cancelled by a duly executed, written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: CITY OF REDLANDS CAMP DRESSER & McKEE INC. By By Mayor, City of Redlands Vice President Page 4 of 4 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL STUDY AND REPORT SERVICES FURTHER DESCRIPTION OF BASIC SERVICES, DUTIES OF OWNER, METHOD OF PAYMENT, AND RELATED SERVICES This is an exhibit attached to and made a part of the Agreement dated September _20 , 1985 between the City of Redlands (OWNER) and Camp Dresser & McKee Inc . (ENGINEER) for study and report professional services. 1. The Basic Services of ENGINEER as described in Section 1 of said Agreement are amended and supplemented as follows: ENGINEER's approach will be to establish improvement zones within the collection system and determine fees that will pay to correct the deficiencies in the sewer system. ENGINEER will also identify those improvements that are common to all zones (e.g. , the major trunk sewers leading to the wastewater treatment plant) and that are needed under existing and future wastewater flows . The following paragraphs describe the tasks that ENGINEER will complete in determining these fees and recommending a method for financing the improvements. Task 1 . Develop Improvement Zones Using information ENGINEER developed for the City' s Wastewater Collection System Master Plan, ENGINEER will develop improvement zones and will identify existing and future interceptor sewers within each zone. The improvement zones will be compatible with the -drainage areas of the City' s existing wastewater collection system as illustrated in Figure 2-2 of the Master Plan. These zones will distinguish between those that are within the city limits and those that are not. The primary product of this task will be a preliminary map showing improvement zones, interceptor sewers within each zone, and trunk sewers that are common to all zones. Task 2 . Review Costs to Correct Deficiencies The recently completed Master Pian presented cost estimates for 16 projects that need to be completed by the year 2005. These cost estimates will be reviewed to determine what improvements need to be made to correct existing deficiencies ( see Figure 5-2 of Master Plan) in comparison to improvements needed to handle future growth (see Figures 5-3 and 5-4 ). This distinction is important to the evaluation of what costs should be covered by monthly user charges in comparison to connection fees assessed to developers or property owners and to determine if any limits or minimums should be placed on the fees. Page 1 of 3 Task 3. Allocate Costs and Determine Fees This task involves the development of alternative procedures to allocate costs to improvement zones and revenue sources. At the beginning of this task, ENGINEER will review the alternatives with the City staff, discuss various alternatives for revenue sources (connection fees, user charges, etc.) and make revisions in the cost allocation concepts as required. The cost allocation procedure will be programmed and fees will be calculated on an IBM-PC. It will be compatible with the data and model of OWNER's collection system that ENGINEER developed as part of the Master Plan. Use of the IBM-PC will allow the City staff to make future revisions to the fees as growth areas and trends become better known. At the end of this task, ENGINEER will review the improvement zone fees and user charge increases that will be required to pay for correcting the collection system deficiencies. Task 4. Evaluate Financing Alternatives Based on estimated costs, rate of development, and required revenues , ENGINEER will evaluate the alternatives available to the City for financing the required improvements. These alternatives will consider both short-term needs ( i .e., 1985-86) and long-range fi,nancing. Among the financing alternatives we will evaluate are City bond financing, developer financing, revolving funds started with City bond sales, and other financing vehicles that are currently being used in California . At the conclusion of this task, ENGINEER will present the financing alternatives that are appropriate and will recommend a specific approach to develop and implement. Task 5. Prepare Report and Improvement Zone Map This task includes all activities to prepare a brief (10 to 15 pages) report describing the cost allocation procedures, the development of revenue sources ( connection/developer fees and monthly user charges) , and the recommended method of financing the improvements . Also included will be the preparation of the final improvement zone map depicting the zones and the trunk and interceptor sewers covered by the connection/developer fees, as well as a presentation to the City' s Public Works Commission. 2. The responsibility of OWNER as described in Section 2 of said Agreement are amended and supplemented as follows: Provide historic information on actual costs and budgets for the wastewater collection system, as required. 3. The time periods for the performance of ENGINEER's services as set forth in Section 3 of said Agreement are amended and supplemented as follows: Submittal date of December 2, 1985, is contingent upon ENGINEER' s receipt of either a Notice-to-Proceed or a signed contract by September 21, 1985. Page 2 of 3 4. The method of payment for services rendered by ENGINEER shall be as set forth below: Charges shall be billed monthly to CITY before the 25th day of the following month, and payment by CITY shall be made within 30 days. Invoices shall include billing for labor charges and direct costs incurred by ENGINEER during each month of services rendered to CITY in conformance with this Agreement. Charges shall be based on ENGINEER'S standard billing schedule for 1985. This schedule will be updated in January 1986. ENGINEER shall keep records on all services and charges made them available for review and audit if requested by CITY. 5. OWNER has established the following special provisions and/or other considerations or requirements in respect of the Assignment: ENGINEER' s estimate of the cost of this Assignment is $25 ,000. ENGINEER will advise OWNER when seventy-five (75) percent of the costs are expended and will provide a review of the expenditures. ENGINEER may request a revision in the estimated cost for performance of this Assignment and will relate the rationale for the revision to the spe- cific basis of estimate as described under Basic Services in Paragraph I of this Exhibit. Such notification will be submitted to OWNER at the earliest possible date. The authorized cost estimate will not be exceeded without approval of OWNER and ENGINEER. Page 3 of 3 TIME AND MATERIALS BILLING SCHEDULE Effective January 1, 1985 PROFESSIONAL AND SUPPORT SERVICES Vice President/Sr. Consultants $ 80.00 - $120.00 Principal Engineer/Scientist 80.00 - 100.00 Supervising Engineer/Scientist 60.00 - 90.00 Senior Engineer/Scientist 50.00 - 80.00 Construction Resident Engineer 50.00 - 80.00 Construction Resident Inspector 30.00 - 70.00 Associate Engineer/Scientist 40.00 - 70.00 Staff Engineer/Scientist 30.00 - 50.00 Draftsperson/Designer 30.00 - 60.00 Rate Specialist 50.00 - 80.00 Technical Editor 20.00 - 40.00 Administrative Assistant 30.00 - 50.00 Technician/Clerk 20.00 - 40.00 Secretary/Word Processor 20.00 - 40.00 OTHER DIRECT COSTS Other reimbursable direct costs shall be billed at 1.1. times actual cost to cover the cost of general and administrative expenses and handling. These reimbursable costs include, but are not limited to: Travel : Air Fare, Auto Rental , Local Mileage ($.20/mile) Subsistence: Lodging and Meals Communications: Long Distance Telephone, Postage and Federal Express Printing: Internal Reproduction ($.15/sheet); Outside Printing Services Computer and Word Processing Services Consultant and Subcontracted Services Equipment Rental APPROVED Donald E. Evenson