HomeMy WebLinkAboutContracts & Agreements_55-2008_CCv0001.pdf AGREEMENT TO PERFORM ENGINEERING SERVICES
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FOR
NATER RESERVOIR ASSESSMENT PROJECT
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This agreement for engineering services for Redlands' Water Reservoir Assessment Project
("Agreement") is made and entered into this 21 st day of April, 2008 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Carollo Engineers
("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party"and,
together, as the "Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform engineering services for City's Water Reservoir
Assessment Project(the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the shill 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 Services which Consultant shall perform are more particularly described in Exhibit"°A "
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws
commencing at Labor Code section 1770 et seq. and non-discrimination laws including the
Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the
prevailing rates of per diem wages as determined by the Director of the California
Department of Industrial Relations for each craft,classification,or type of worker associated
with the performance of the Services are on file at the City of Redlands office of the
Municipal Utilities and Engineering Department, Civic Center, 35 Cajon Street, Suite 15A
(P.O. Sox 3005 mailing), Redlands, California 92373.
2.3 Consultant acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, City may enforce those provisions by issuing a notice of the w=ithholding of contract
payments to Consultant pursuant to Labor Code section 1771.6.
I)AVAg e/ arollo Reservoir Agmt 4-I5-08 1
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` ' 4 If Consultant executes an agreement with a subcontractor to perform any of
the Se
NE, Consultant shall comply with Labor Code sections 1775 and 1777.7,and shall row deces,
tor with p the
17b77,51 1 and 1�15�eCon pant acknowledges Provisions
of Labor Code sections 1771, 1775, 1776,
penalties for the failure to comply with state wage and hour laws and statutoryt the pa prevailing
imposing
may be enforced y City pursuant to Labor Code sections 1775 and 1813.prey°ailing wages
2.5 Consultant and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records' maintenance, certifications, retention and inspection.
2.6 Consultant acknowledges that eight (8) hours constitutes a legal day's work ursuant to
Labor Code section 1810. p
2.7 if applicable, Consultant shall comply with the provisions of Labor Code section 1777.5
relating to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and
1815.
A1�TICLE 3 - SPO? SiBILITIES af'CITY
3.1 City shall make available to Consultant information in itspossession that may assist
Consultant in performing the Services.
3.2 City will mare reasonable provision for Consultant to enter upon City-owned prope
required by Consultant, to perform the Services. rty, as
3.3 City designates Wen Huang as City's representative with respect to performance of
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Services, and such person shall Dave the authority to transmit instructions, receive
information,interpret and define City's policies and decisions with respect to performance of
the Services.
ARTICLE 4 - PE }R.l�1Ai�SCE CfF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit "B," entitled "Project Schedule."
4.2 At any time during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" means any work which is detennined
necessary by City for the proper completion of the project or work:for which the Services are
being performed, but which the Parties did not reasonably anticipate would be necessary at
the time of execution of this Agreement. Provided the Extra Work does not exceed torety
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executed by City's City Manager, Consultant shall not
percent ( 0%) of the compensation to be paid by City to Consultant for the Services, such
Extra Work may be agreed to by the Parties by written amendment to this A re
pe amendment
g ement,
nor compensated for,
Extra Work without such written authorization from City.
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ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Forty-Seven Thousand Five hundred Sixty Dollars ($47,560). City shall pay
Consultant on a time and materials basis up to the not to exceed amount,in accordance with
Exhibit"C"entitled"Project Costs,"and based upon the hourly rates shown in Exhibit"D,"
entitled"Rate Schedule." Both Exhibits"C"and"D"are attached hereto and incorporated
herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the work performed during the
preceding month. Consultant's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom,
and a description of reimbursable expenses, if any. City shall pay Consultant no later than
thirty(30) days after receipt and approval by City of Consultant's invoice,provided(1)the
Services reflected in the invoice were performed to the reasonable satisfaction of City in
accordance with the terms of this Agreement, (2)that the number of hours of Services set
forth in the invoice reflects the amount of time ordinarily expended for such Services by
members of the profession currently practicing in the same locality under similar conditions,
and (3)that all expenses, rates and other information set forth in the invoice are consistent
with the terms and conditions of the Agreement.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows.
Citv Consultant
Wen Huang George Beliew
Municipal Utilities and Engineering Dept. Carollo Engineers
City of Redlands 7888 Mission Grove Parkway South
35 Cajon Street, Suite 15A Suite 100
PO Box 3005 (mailing) Riverside, CA 92508
Redlands, CA 92373
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 who notices and payments are to
be given by giving notice pursuant to this section 53.
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ARTICLE 6 AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services 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 the Services. All insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty(30)days prior written notice to
City.
6.2 Workers' Compensation and Employer's Liability.
Consultant shall secure and maintain Worker's Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with the
laws of the State of California, with an insurance carrier acceptable to City.
6.3 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless
City and its elected officials, employees and agents from and against any and all claims,
losses or liability,including attorneys' fees,arising from injury or death to persons or damage
to property occasioned by Consultant's and its officers', employees' and agents' sole
negligent acts or omissions in performing the Services.
6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without
the express prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Consultant shall add the assignee as an additional insured and
provide City with the insurance endorsements required by this Agreement prior to the
performance of any Services by the assignee. Assignment does not include printing or other
customary reimbursable expenses that may be provided for in this Agreement.
6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the term of this Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars 01,000,000) 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. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the term of this Agreement in the amount of One Million Dollars
($1,0100,000)per claim made.
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6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars($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 in connection with Consultant's provision of the Services,
hired and non-owned vehicles,and employee non-ownership vehicles. Such insurance shall
be primary and non-contributing to any insurance or self insurance maintained by City. City
shall be named as an additional insured.
ARTICLE,7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in real
property that may be the subject of this Agreement or any other source of income.interest in
real property or investment which would be affected in any manner or degree by the
performance of Consultant's Services. Consultant further covenants and represents that in
the performance of its duties hereunder,no person having any such interest shall perform any
Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform
Act because Consultant:
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate,rule
or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design,report, study or similar item;
(vi) adopting, or granting City approval of, policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity,participate in making
a governmental decision or otherwise perform the same or substantially all the same duties
for City that would otherwise be performed by an individual holding a position specified in
City's Conflict of Interest Code under hove Hent Code section87')01
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7.3 In the event City officially determines that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 Nxrith the City Clerk's office
pursuant to the written instructions provided by the Of of the City Clerk.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. 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,including fees for the
use of in-house counsel by a Party.
8.2 Prohibition Against Assignment. Consultant shall not assign any ofthe Services,except with
the prior written approval of City and in strict compliance with the terms,and conditions of
this Agreement.
8.3 Documents and Records. All documents, records, dra-Mrigs, designs, cost estimates,
electronic data files,databases and other doctunents developed by Consultant in connection
with its performance of the Services, and any copyright interest in such 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, shall be at City's sole risk.
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and shall perform the Services as an independent contractor. Neither
City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as herein set forth. Consultant shall supply all tools and
instrumentalities required to perform the Services. 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. Consultant shall have no authority,express or implied,to act on behalf of City in any
capacity whatsoever as an agent,nor shall Consultant have any authority,express or implied,
to bind City to any obligation.
8.5 Termination.
A. Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City.
B. This Agreement may be terminated by City,in its sole discretion,by providing thirty
(30) days' prior written notice to Consultant (delivered by certified mail, return receipt
requested) of City's intent to terminate.
C. IfthisAgreement is terminated by City,ar.adjustment to Consultant's compensation
shall be made, but (1) no amount shall be allowed for anticipated profit or unperfortned
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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.
D. Upon receipt of a termination notice, Consultant shall immediately discontinue its
provision of the Services and, within five (5) days of the date of the termination notice,
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. Consultant shall be compensated on
a pro-rata basis for Services completed up to the date of termination.
8.6 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts
and all other records and documents evidencing costs and expenses related to the Services for
a period of three (3)years, or for any longer period required by law, from the date of final
payment to Consultant pursuant to this Agreement. Such books shall be available at all
reasonable times for examination by City at the office of Consultant.
8.7 Entire,Agreement/Amendment. This Agreement,including the Exhibits incorporated herein
by reference,represents the entire agreement and understanding between the Parties as to the
matters contained herein,and any prior negotiations,written proposals or verbal agreements
relating to such matters are superseded by this Agreement. Except as otherwise provided for
herein,any amendment to this Agreement shall be in writing,approved by City and signed by
City and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in
this Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction,the same shall be deemed severable from the remainder of this Agreement and
shall not affect, impair or invalidate any of the remaining sentences, clauses,paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of its
bargain under this Agreement.
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IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS CAROLLO ENGINEERS
By: _ By:
N. En *e Martinez, it r anager
Attest:
City Clerk
DJM/Agree/Carollo Reservoir Agent 4-15-O8
4,3108 12:05 p.m.
ATTACHMENT A
City of Redlands
Water Reservoir Assessment Project
SCOPE OF SERVICES
INTRODUCTION
Staff has identified five existing water reservoirs with varying degree of structural deterioration.
The primary objective of this Assessment Project is presented as follows:
Five existing concrete reservoirs have experienced observed concrete cracking with spalling
resulting in possible deterioration of the structural integrity of the tank. The objective of this
Scope of Services is to provide a structural assessment of the tanks to support the City in
implementing a program to upgrade the reservoirs.
The identified five reservoirs are as follows:
• Country Club Reservoir No. 1
• Country Club Reservoir No. 2
• Dearborn Reservoir
• 5th Street Reservoir
• Highland Reservoir
Tasks 1 through 4 provide the Scope of Services for the Water Reservoir Assessment Project.
TASK 1 - EVALUATE CONDITION OF EXISTING RESERVOIRS
1. Evaluate the existing structures and data to prioritize the severity and need for rehabilitation.
Conduct a site visit and perform a visual evaluation of each concrete reservoir. The initial
investigation will consist of visual inspection of the exterior of each structure, a review of
existing reports, drawings, and photo documents. Review existing plans and previous dive
inspection reports.
2. Provide an analysis to check for potential structural problems associated with observed
cracking.
3. Coordinate with City staff to determine the latest date when each reservoir can be
scheduled for routine maintenance and inspection. This scope assumes that City's water
department staff would conduct the shutdown and that up to two reservoirs may be taken
out of service for inspection prior to June 2008. The City would schedule the shutdown of
the remaining reservoirs prior to November 2008 depending upon water demand issues.
Engineer would provide a more complete visual structural assessment of the interior of each
reservoir. Also provide an estimate of lineal footage of crack repair that would be required.
Document the inspection with photographs and drawing identification.
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4. Write a technical memorandum addressing the structural condition of all five reservoirs.
Meet with City staff to present findings and review Engineers findings and
recommendations.
5. Work with City staff to establish evaluation criteria for determining the basis of rehabilitation
procedures.
TASK 2 - DEVELOP ALTERNATIVES-COUNTRY CLUB NO. I
1. For Country Club Reservoir No 1 develop alternatives to repair or replace the reservoir.
Present the alternatives with a draft written description and relative budget estimate.
2. Meet with City staff in workshop concept to present options for both rehabilitation and
replacement of the concrete reservoir.
3. For the selected alternative, provide a more detailed budget cost estimate complete with
engineering and administrative cost, construction cost and management during the
construction phase.
TASK 3 - DEVELOP A REHABILITATION PLAN FOR REMAINING FOUR RESERVOIRS
1. Based upon the information gained in our preliminary investigation, where rehabilitation is
required, recommend a plan to retrofit each of the four remaining reservoirs.
2. Identify a project delivery method that will consider maximizing the operation of the City's
reservoir system. Suggest priority for reservoir rehabilitation,
3. Develop technical specifications along with the City's Front End documents to serve as bid
documents for each reservoir. It is assumed that all four reservoir rehabilitation will be
included in one set of documents. Work would be scheduled to occur in the off-season
winter of 2008/09.
TASK 4 - SELECT ALTERNATIVE
1. Document evaluation of the existing structure in a report, complete with photographs and
written descriptions. Identify feasible rehabilitation procedures necessary to secure and/or
extend the service life of each structure. Provide an engineering opinion on probable
remaining life of service for each reservoir if the recommended rehabilitation is performed.
Z In a Design Information Memoranda (DIM), present the alternatives in detail including
budgetary costs.
1 In a workshop concept, meet with City staff to present findings.
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4. Present recommendations based upon criteria established in the workshop by the City. Final
DIM will present report evaluation and recommendations.
Other Direct Cost:
1. Provide an allowance for six (6) concrete core samples with associated compressive testing
for the purpose of determining in-place concrete strength at areas of the reservoir(s)
deemed by the structural engineer as requiring further evaluation beyond visual inspection,
If utilized, concrete coring and testing shall be completed by a subconsultant.
Scope of Services based upon the following assumptions:
1. No soil borings or other material testing procedures are included in this budget estimate. If
required, tests will be provided by sub-consultants and cost plus 10% passed onto the City.
2. City staff will participate in workshops and provided weighted value to evaluation criteria.
3. City staff will be the responsible agency in taking the reservoirs out of service and cleaning
adequately so that a visual inspection can be done for each reservoir. Shutdown and
inspection will be closely coordinated with the City to minimize downtime. City to provide
lighting and scaffolding necessary to inspect the structures.
4. Design and construction phase administration and material testing cost will be included in
budget estimates and are not included herein.
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ATTACHMENT B
City of Redlands
Water Reservoir Assessment Project
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.
TASKS 1 -4
Task Item Schedule
1 Receive Notice to Proceed April 22, 2008
2 Conduct Inspection of Country Club No 1 Reservoir July 31, 2008
Conduct Workshop
Develop alternatives
3 Conduct Inspection of the remaining reservoirs November 2008
Conduct Workshop
4 Submit Final Report December 2008
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 December 31, 2008.
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ATTACHMENT C
City of Redlands
Water Reservoir Assessment Project
PROJECT FEE
Description Amount(')
TASKS 1 -4 Engineering Labor $41,360
220 hours @ $188/hour
Other Direct Costs $6,200
TOTAL $47,560
(1) Cost for six concrete core samples included
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ATTACHMENT D
City of Redlands
Water Reservoir Assessment Project
FEE SCHEDULE
As of March 1, 2008
Hourly Rate
Engineers/Scientists
Assistant Professional $134.00
Professional 165.00
Project Professional 197.00
Lead Project Professional 213.00
Senior Professional 234.00
Senior Process Specialist 315.00
Technicians
Technicians 100.00
Senior Technicians 142.00
Support Staff
Document Processing / Clerical 90.00
Project Equipment Communication Expense 9.00
(PECE) Per DL Hour
Other Direct Expenses
Travel and Subsistence at cost
Mileage .505/mile
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
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