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HomeMy WebLinkAboutContracts & Agreements_18-2004_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING SERVICES This Agreement is made and entered into this 3rd day of February, 2004 by and between the City of Redlands, a municipal corporation (hereinafter "City") Carollo Engineers, a Professional Corporation hereinafter("Consultant"). In consideration of the mutual promises,covenants and conditions hereinafter set forth, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant and Consultant hereby accepts the engagement,to perform services ("Services") to prepare the Hinckley Water Treatment Plant Feasibility Study ("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 the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and 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" which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with 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 prevailing wage laws commencing at California Labor Code section 1770 et. se-Q. and non-discrimination laws including the American's with Disabilities Act. 2.3 Consultant further understands that if it violates the California Labor Code as it relates to prevailing wage, that City shall enforce the California Labor Code by Notice of the withholding of contract payments to the Consultant or Subcontractor pursuant to Labor Code sections 1726, 1727 and 1771.6. 2.4 Consultant agrees that if it executes an agreement with a subcontractor to work on this Project, that the Consultant shall comply with California Labor Code section 1775 and 1777.7 including providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing wages mill be enforced by the City pursuant to Labor Code sections 1775 and 1813. CADoug\Water Systetn',Carollo Hinckley Evaluation,wpd ARTICLE 3..- RESPONSIBILITIES 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 as required by Consultant to perform the Services, 3.3 City designates Douglas Headrick as Project Manager to act as its 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 prompt and diligent manner and in accordance with the schedule set forth in Attachment"B," attached hereto and incorporated herein by this reference entitled "Project Schedule." ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed Forty-nine thousand two hundred and ten dollars ($49,210). City shall pay Consultant on a time and materials basis up to the not-to-exceed amount, in accordance with Attachment"C" attached hereto and incorporated herein by this reference entitled "Project Fee" based on the hourly rate as shown on Attachment "D" attached hereto and incorporated herein by this reference entitled "Rate Schedule." 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the portion of 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 personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City Cons ultan Douglas Headrick George Beliew PO Box 3005 Carollo Engineers Redlands, CA 92373 225 W. Hospitality Lane, Suite 212 San Bernardino, CA 92408 C"Doug:\Water System"Carollo Hinckley Evaluation.wpd 2 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to whom notices and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 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 not perforin any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against 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 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of this 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. [:"ca'icin'.-t\greementsl,Agr,-etneiit.Carollo.wpd 6.4 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. The Consultant must obtain an endorsement extending the reporting period twelve (12) months beyond the current policy expiration date of July 4, 2004. 6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of I 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.6 Assignment and Insurance Requirements. 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 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. 6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless City, its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees,that may be asserted or claimed by any person,firm,entity, corporation,political subdivision or other organization arising out of or in connection with Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. ,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 this Agreement. 7.3 Consultant's key personnel for the Project are: 1!';Ca\iem',LAiareements\Agre�ment,Carollo.wpd 4 Technical Panelists: Graham Juby, Jim Meyerhofer, Patrick White Project Manager: George Beliew Consultant agrees that these key people shall be made available and assigned to the Project and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, cost estimates, electronic data files, databases, and other documents developed by Consultant pursuant to this Agreement and any copyright interest in said above described documents, 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 and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the consulting services in this Agreement. 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 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made,but(1)no amount shall be allowed for anticipated profit or unperformed services, and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. -7.9 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. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. TIO Consultant 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 Consultant. 1:',callem',.,kgrect-ncnts',,A,-i-eenient.Carollo.\kpd 5 -1 1.11 This Agreement,including the attachments incorporated herein by reference,represents the entire agreement and understanding between the parties as to the matters contained herein, and any prior negotiations,proposals or oral arguments 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. 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 Consultant have signed in confirmation of this Agreement. City of Redlands Carollo Engineers ("Consultant") By: By: SUSAN PEPPLER- GEOE—BELIEW Mayor Partner z?144— Attest: I 4fr- Citylelerk, City of hands 1tcalcrrfA.greements,,'greement.Carollo."pd 6 ATTACHMENT A City of Redlands Engineering Services for the Hinkley Water Treatment Plant Feasibility Study SCOPE OF SERVICES INTRODUCTION The purpose of this Agreement is to provide the City with engineering services needed to prepare a Feasibility Study for the Hinkley Water Treatment Plant. As described in the tasks below, the engineering services will include the following services: TASK I - REDLANDS SOURCE MANAGEMENT PLAN 1.1 Facilitate a one-day workshop in which the team develops and evaluates various possible water sources that may be available to the City in the future. At the workshop identify ways to maximize existing facilities and to expand when applicable. 1.2 Provide budget-level cost estimates for the alternatives selected at the workshop. 1.3 Develop and use a"paired-wise selection process"to rank each alternative. 1.4 Develop a report/technical memorandum to document findings and conclusions. TASK 2 - EVALUATE SHORT-TERM (Summer 2004)ALTERNATIVES TO ADDRESS PERCHLORATE IN GROUNDWATER WELLS 2.1 Facilitate a one-day workshop to develop and evaluate alternative solutions to perchlorate in the City groundwater. This will include developing alternatives to treat the groundwater plus identifying one or two alternative source replacement projects that may be available for this summer, 2.2 Provide budget-level cost estimates for the alternatives selected at the workshop. 2.3 Develop and use a"paired-wise selection process"to rank each alternative. 2.4 Develop a report/technical memorandum to document the findings and conclusions. TASK 3 - UPGRADES AT HINKLEY WATER TREATMENT PLANT 3.1 The City has identified three issues that may require upgrades at Hinkley Water Treatment Plant. The include: C:Doug'Water Sy stein tCarollo Attachment Al.doc A-1 January 25,2004 • Filter to waste • Treatment of filter backwash • Potential DBP formation when treating State Project Water Engineer will facilitate a one-day workshop to develop and evaluate alternatives to each issue. 3.2 Provide budget-level cost estimates for the alternatives selected at the workshop. 3.3 Develop and use a"paired-wise selection process"to rank each alternative. 3.4 Develop a report/technical memorandum to document findings and conclusions. TASK 4 - REVIEW FEASIBILITY STUDY 4.1 Attend a half-day follow-up review meeting to finalize the draft report. TASK 5—MOUNTAINVIEW POWER COMPANY RECYCLED WATER SALES AGREEMENT 5.1 Provide,as needed,technical support to continued development of a sales agreement with the Mountainview Power Company. C:Doug'Mater System,Carollo Attachment A J.doc A-2 January 25, 2004 ATTACHMENT 13 City of Redlands Engineering Services for the Hinkley Water Treatment Plant Feasibility Study PROJECT SCHEDULE Engineer shall commence work immediately following approval of the Scope of Work and authorization from the City. Engineer has reviewed the project with City and agrees that the following schedule presents a reasonable time frame in which to complete the work. Days Following Notice to Item Proceed I Receive Notice to Proceed 0 2 Facilitate Workshops 30 3 Finalize Plan 45 Engineer and City mutually agree that they will work earnestly toward meeting the above tentative schedule. Should the Scope of Services change or should problems arise during the work period, which could affect the above schedule, it is understood that both Engineer and City will develop a revised schedule to address such scope changes and problems. The costing herein assumes that all work will be completed by March 31, 2004. C;;Documents and Setfingslernmerson.00FR-CMOkLocal Settings"Teniporary Intemet Files'OLKDtC!Irofio Attachment Rdoc B-IJanuary 25, ATTACHMENT C City of Redlands Engineering Services for the Hinkley Water Treatment Plant Feasibility Study PROJECT FEE Description Amount LABOR COSTS Engineering Labor: 250 hours @v $188/hour= $ 47,000 OTHER DIRECT COSTS Computer Equipment(PECE) $ 1,410 Printing= 400 Mileage = 400 ODC Subtotal $ 2,210 TOTAL $ 49,210 C'Doug'Vater SystemTarollo Attachment C.doc C-1 January 25,2004 ATTACHMENT D City of Redlands Engineering Services for the Hinkley Water Treatment Plant Feasibility Study FEE SCHEDULE As of March 1, 2003 Hourly Rate Engineers/Scientists Assistant Professional $ 96,00 Professional 125.00 Project Professional 152.00 Lead Project Professional 165.00 Senior Professional 188.00 Technicians Technicians 69.00 Senior Technicians 108.00 Support Staff Word Processing/Clerical 68.00 Project Equipment Communication Expense 6.00 (PECE) Per DL Hour Other Direct Expenses Travel and Subsistence at cost Mileage .36/mile Subconsultant cost + 10% Other Direct Cost cost+ 10% Expert Witness Rate x 2.0 C:'Documents and Settings\lenimersoti,(.'OFR__CMO�l.ocaI SettingsJemporary Internet Files',01-M7.Carollo Attachment 11).doc D-1 January 25.