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HomeMy WebLinkAboutContracts & Agreements_109-2002_CCv0001.pdf AGREEMENT TO FURNISH STAND ALONE CONSTRUCTION CONTRACT DOCUMENTS FOR THE 1350 ZONE RESERVOIR AND WATER TRANSMISSION PIPELINE PROJECT This Agreement is made and entered into this 16th day of July 2002 by and between the City of I Redlands, a municipal corporation (hereinafter "City") and Camp Dresser McKee, Inc., (hereinafter"Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 11 City hereby engages Consultant. and Consultant hereby accepts the engagement, to perform services ("Services") for the preparation of stand alone construction contract documents for the 1350 Zone Reservoir and Water Transmission Pipeline Project ("Project"),for the City of Redlands, California. 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 III the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this agreement including but not limited to all applicable Labor code and prevail-Ing wage laws. ARTICLE 3 - RESPONSIBILI'T'IES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property or rights-of-way as required by Consultant to perform the Senices. 1350 Zone Water Transmission Main & Reservoir Project JL1]V 16, 2002 Pale 33 City designates Mike Pool as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. Z7 ARTICLE 4 - PERIOD QFSERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of$7,600. City shall pay Consultant on a time and materials basis lip to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment -D", entitled "Rate Schedule". 5.2 Consultant 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 Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by I Z7 Z-- personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City Consultant Mike Pool Izzat Hamawl Municipal Utilities Department Camp Dresser& -McKee Inc. 35 Cajon Street 2920 Inland Empire Blvd, Suite 108 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 6 - INSURANCE AND INDEMNIFICATION 1350 Zone Water Transmission Main & Reservoir Project Rilv 16, 22002 Pa-e 3) 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall provide City with Certificates of Insurance and endorsements evidencinu such insurance within fifteen (15) days of execution of this Agreement, or prior to commencement of work, whichever occurs first. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throuOhout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. Such Insurance shall be primary and non-contributing to any insurance or self- insurance maintained by the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (1-5) days of execution of this Agreement or prior to commencement of work, whichever Occurs first. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising., from injury or death to persons or damage to property occasioned by any act, omission or failure of Consultant, its officer, agents and employees in performing the Services required by this Agreement. Consultant's obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits. 1.350 Zane Water Transmission Main & Reservoir Project July 16, 2001 Page 4 6A Assignment and Insurance. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide the City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.5 Comprehensive General Liability .Insurance. Consultant shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($.1,000,000)per claim made. 6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. The City shall be named as an additional insured and a certificate of insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. ARTIC:LEE 7 - GENERAL CONSMERATIONS 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 1350 Zone Water Transmission Main & Reservoir Project July 16, 2002 Page 5 conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: Project Manager: Istat Hainawi Quality Control: Bruce Chalmers Principle in Charge: Richard Corneille Consultant 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. 7.4 All docurnents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement and any copyright interest Consultant may have in said herein described documents, records and data 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 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 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 the City,without cause, by providing ten (10) days prior written notice to the Consultant (delivered by certified mail, return receipt requested)of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant 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 Consultant in performing the Services required by this Agreement. 7.9 This Agreement, ng the attachments incorporated herein by reference, represents re including I the entire agreement and understanding between the parties and any prior negotiations, proposals or oral aureerrients, 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 1350 Zone Water Transmission Main & Reservoir Project July 16, 2002 Paur, ,--e v, and Consultant_ ThisAgreement 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 Consultant have signed in confin-nation of this Agreement. C> City Redlands, Camp Dresser and McKee Inc. ("City") ("Consultant") By- BY: KARL N. (KASEY) IIA W S RICHARD CORNEILLE Mayor Vice President ATTEST: L(5 IE POYgC C-i't-y Clerk, City of Redlands AGREEMENTTO FURNISH SERVICES FOR STAND ALONE CONSTRI'('TION CONTRACT DOCU"MENTS FOR THE 1350 ZONE RESERVOIR AND WATER TRANSMISSION PIPELINE PROJECT ATTACUINNIENT A SCOPE OF SERVICES Attachment Scope of Work This is an exhibit attached to and made a part of the letter proposal dated June 19,20()3. between City of Redlands (OWNER) and Camp Dresser and McKee Inc. (ENGINEER) for professional services- 1. The Basic Services of ENGINEER as described are as follows: L Design Services I-1 Final Drawing/Specification Changes. . Incorporate any final City or San Bernardino County comments on the plans and specifications. Incorporate changes to plans and specifications to bid pipeline only. I-2 Signing of drawings. Sign and stamp all plans and profiles,and traffic control plans mylars I-3 Printing. Print one set of full size plans and profiles and traffic control plans(37 sheets)on mylars. Provide one (1)hard copy of plans and specification to the City. Print one set of plans half size to be printed and used for bidding purposes.. 1-4 Electronic copy. Provide an electronic copy of the plans and profiles,and the specifications. 2. The time periods for the performance of ENGINEER's services as set forth in Article 5 of said Agreement are amended and supplemented as follows: A final set of drawings and specifications shall be submitted two weeks after receipt of the City comments. 3. The method of payment for services rendered by ENGINEER shall be as set forth below: Compensation for services of Consultant described in this Work Assignment will be on the following basis: 3.1 Labor and expenses shall be paid as specified in the Agreement in accordance with the attached Schedule of Hourly Rates. 3.2 The total not-to-exceed price is`57,600.00 F'a�e t AGREEMENT TO FURNISH SERVICES FOR STAND ALONE CONSTRUCTION CONTRACT DOCUMENTS FOR THE 1350 ZONE RESERVOIR AND WATER TRANSMISSION PIPELINE PROJECT ATTACHMENT B PROJECT SCHEDULE Attachment B City of Redlands UpdateThe 1350 Gone Reservoir and 'Transmission Pipeline Proposed Project Schedule f E =� Task Task Description 15 21 28 3 1 City's Review OF Drawings 2 Complete Drawings and Specifications 3 Submit Electronic Copy and Nlylars 7!1012002 CDM ExhilDi t 3 - scnedu?ere =.x?sScheduIri, AGREEN/ILN'r TO FURNISH SERVICES FOR STAND ALONE CONSTRUCTION CONTRACTDOCUMLNTS FOR THE, 1350 ZONE RESERVOIR AND WATER 'TRANSMISSION PIPELINE PROJECT ATTACHMENT PROJECT FEE A`f'fACII'MENI'(' -- �— CITY OF REDL.ANDS 1350 ZONI;RESERVOIR AND TRANSMISSION PIPELINE Manhour Estimate for Design Fee Estimate officer in Project Project Struct. Elect. Staff Word Total (<rsk Task Description Charge Manager Engineer Lngineer Engineer Engineer Draft Processor Hours [.arhm Outside ODCS Intal (€,,NEV7) (1) (1) (l) (E;NEV3) (DNDF-S) Prof 160 145 100 110 110 85 95 55 1 Design Finalization Services l-I Final DrawingtSpeciFicationChanges 8 16 0 0 8 12 13 56 $5.120 sO SIM S>.1100 t--1 Signing 32 firaw`ial s 2 0 0 _' 0 4 5460 SO 51,000 S).4()O 1-3 Printing 32 Mylan$ 1 0 4 1 ly 5540 $0 $t0() S()<W 1-4 Electronic copy of Specs and plans 0 0 t Ill Ill 1115 5200 Total Design Phase $6,205 50 51.305 57.600 AGREEMENT TO FURNISH SERVICES FOR STAND ALONE CONSTRUCTION CONTRACTDOCLIT MENTS FOR THE 1370 ZONE RESERVOIR AND NATER TRANSMISSION PIPELINE PROJECT ATTACHMENTI) RATE SCHEDULE ATTACHMENT CAMP DRESSER & McKEE INC. SCHEDULE OF HOURLY RATES January 1, 2002 Categories Hourly Rate Engineers/Scientists/Planners: Grade 1 $85-00 Grade 2 95.00 Grade 3 105-00 Grade 4 115-00 Grade 5 125,00 Grade 6 135-00 Grade 7 145-00 Principal 1550 Associate 170.00 Vice President 180.00 Sr., Vice President 190-00 Specialty Service: Management Consultant 180.00 Technology Specialist 1100.00 Facilitator 225.00 Expert Witness 250-00 Support Service: Designer Drafter 1 5500 Designer Drafter 2 65-00 Designer Drafter 3 75-00 Designer Drafter 4 80.00 Designer Drafter 5 85.00 Designer Drafter 6 95.00 Designer Drafter 7 110.00 Designer Drafter 8 120.00 Administrative Manager 75.00 Administrative Assistant/Word Processor 60-00 Office Clerk 40-00 Financial Manager 90-00 Contract Administrator 75.00 Finance Assistant 45,00 kliscellaneous Expenses: Auto Mileage Current Government Rate Computer Time-PC 4.00/1-lour Computer Time-AutoCAD 12.00/Hour Reproduction Services Black and White Copies $0.10.Page Color Copies $1.00/Page Outside Services Cost + 10% Materials and Other Expenses Cost + 10% C:\temP---e'0LK2\EXh_bit D - RA-ES2002.doc