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HomeMy WebLinkAboutContracts & Agreements_8-1993_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR FLOOD DAMAGE REPAIR - EMERGENCY OPENING ALABAMA STREET AND ORANGE STREET i This AGREEMENT is made and entered into as of this 23th day of February, 1993, by and between City of Redlands Public Works Department hereinafter j referred to as "OWNER" and Dokken Engineering, hereinafter referred to as CONSULTANT" In consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties do hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF THE CON ULTANT 1.1 The OWNER hereby engages the CONSULTANT and the CONSULTANT hereby accepts the engagement to perform engineering evaluation, design services, construction administration, and other support services, in connection with Alabama Street and Orange Street crossing of the Santa Ana River, hereinafter called the Project. 1.2 All work under this AGREEMENT shall be done in a and CONSULTANT represents that he is skilled Professionalthe Professional of ss onal expertise necessary to provide high quality services under this AGREEMENT. 1.3 The CONSULTANT shall be responsible, to the level of competent presently maintained by other practicing professional civil engineers Performing the same type of work for the professional and technical soundness, accuracy and adequacy of all studies, specifications, and other work and materials furnished AGREEMENT. s undewi draws, ARS OF THF � LT—ANT 2.1 The CONSULTANT will perform the services in connection with Project as defined in Attachment "All, Scope of Services. the 2.2 Additional services may be provided by the CONSULTANT when requested and approved by the OWNER. PAGE 1 OF 6 4 5 ARTICLE 3 - RESPQNSIBILITIE S OF TFfE C R 3.� The OWNER will place at the disposal of the CONSULTANT NT all available pertinent to the Project, including previous reports and any other data relative to the Project. 3.2 The OWNER will provide access to and make all provisions for the CONSULTANT to eater upon public and private lands as required for the CONSULTANT to perform his work under this AGREEMENT. 3.3 The OWNER will provide environmental assessments or impact reports required for this project. 3.4 The OWNER will provide all field survey work, profiles, cross-sections, note reductions, alignment, properly ties and construction control staking required for this project. 3.5 The OWNER will designate in writing a person to act as the OWNER'S representative with respect to the work to be Performed under- this Agreement, such person to have complete authority to transmit instructions, receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this AGREEMENT. ARTICLE 4 - PERIQD OF SERVICE 4A The CONSULTANT shall proceed with the engineering services set forth in Article 2 in accordance with the Schedule as defined in Attachment "B" 4.2 The CONSULTANT shall proceed with the services under this AGREEMENT promptly and will prosecute them diligently, ARTICLE5 - PAYMENTS TES HE t r r r rr re r- 5A For the services performed under Article 2, OWNER will pa the CONSULTANT on a time and materials basis at the hourly rates shown in Attachment "C", Fee and Total Cost of Services. 5.2 Payment for additional services requested by the OWNER per Article 2.2 will be in accordance with a separately negotiated fee or in acco with the hourly fees shown in Attachment "C� Consultant's Fee hence for Additional Services. elle 5.3 CONSULTANT agrees that at the point75-percent of budgeted casts have been expended for each scope project, the CONSULTANT will notify the OWNER in writing, including a brief report on job status, analysis of get, d envisioned expenses to complete Percent e contractual Budgets shall not be exceeded exceptif previously approved b C ER. y PAGE 2 OF v 5.4 The CONSULTANT shall bill the OWNER within fifteen (15) days following the close of each month by submitting an invoice indicating the work performed, estimated percent complete, and the detailed cost of all work, including backup material, if requested. Payments by OWNER to CONSULTANT shall be made within thirty (30) days after receipt and approval of CONSULTANT'S hereinabove invoice, by warrant payable to Dokken Engineering. All notices, bills and payments shall be maple in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by snail should be addressed as follows: TO OWNER: Ronald C. Gutter Assistant City Manager/ Public Works Director CITY OF REDLANDS Public Works Department P.O. Box 3005 Redlands, CA 92373 TO CONSULTANT: Richard A. Dokken, President Dokken Engineering 242 East Airport Drive, Suite 205 San Bernardino, CA 92408 When so addressed, such notices shall be deemed given upon deposit in the United States Mail, in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the perm to whom notices, bills and payments are to be given by giving notice pursuant to this paragraph. ARTI LE fi - INSURANCE AND INDEMNIFIt�ATI .1 CONSULTANT shall maintain worker's compensation insurance and, in addition shall maintain insurance to protect OWNER from claims for damage due to bodily injury, personal injury, or dearth and clauses for injury to or destruction of tangible property while performing the services covered by this AGREEMENT. Said public liability and insurance property shall be in a minimum combined single limit o mage er occurrence. The OWNER shall a named a primary additional insured on insurance coverage for public liability and property damage- The CONSULTANT shall provide OWNER with a certificate evidencing such insurance coverage. .2 CONSULTANT agrees to maintain professional liability insurance pursuant to this paragraph to protect OWNER from negligent acts, errors or omissions of a professional nature; the total aggregate o I PACE 3 OF 6 CONSULTANT'S professional liability insurance coverage shall be a minimum of 1,000,00o, 6.3 CONSULTANT agrees to indemnify, held harmless and defend OWNER and any and all of their officers, agents and employees from and against all claims, loss, damage, charge or expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful or negligent act or actions, emission or failure to act on the part of the CONSULTANT, his contractors, his suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable in the performance of the services described in this AGREEMENT. ARTICLE Z_- GENERAL CONaQERATIONS 7.1 In the event of any legal action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, expenses, including attorney's``fees, as may be set by the Court. 7.2 The CONSULTANT shall not sublet or assign any of the work covered by this AGREEMENT, except with the prior written approval of the OWNER and in strict compliance with the terms, provisions, and conditions of the CONTRACT. 7.3 The key CONSULTANT'S personnel proposed for this project are as follows: WILLIAM O. BAYNE, MANAGER CONSULTANT agrees that these key people will be made available and assigned to the OWNER'S project, and that they will not be replaced without concurrence from the OWNER. T4 It is understood and agreed by and between the parties that all documents, records, drawings, designs and specifications, cost estimates, and other project documents developed by the CONSULTANT pursuant to this AGREEMENT shall become the property of the OWNER and shall be delivered to OWNER if and when requested upon completion of services. Any reuse of such documents for other projects and any use of incomplete documents will be at the OWNER'S sole risk, 7.5 CONSULTANT is for all purposes an independent contractor. All qualified personnel provided by CONSULTANT pursuant to the provisions of this AGREEMENT are to be employed by CONSULTANT for his account only, and in no event shall CONSULTANT or any personnel retained by him be deemed to have been employed by the OWNER or engaged by the OWNER for the account of or on behalf of the OWNER. PAGE 4 OF 7,6 Unless earlier terminated as stipulated below, this agreement shall terminate upon completion and acceptance by the OWNER of all work approved for performance under Article 2 of this AGREEMENT. 77 This AGREEMENT may be terminated in writing by either party in the event of failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party: PROVIDING, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. 7,8 If this AGREEMENT is terminated by the OWNER for reasons of default by the CONSULTANT, 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 to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs to the OWNER occasioned by the CONSULTANT'S default. If termination for default is effected by the CONSULTANT, the adjustment in compensation shall provide for payment to the CONSULTANT to include a reasonable profit for services rendered and reimbursement for expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the CONSULTANT relating to commitments which had become firm and approved by OWNER prior to the termination. 7,9 Upon receipt of a termination notice, the CONSULTANT shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER, copies of data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONSULTANT in performing this AGREEMENT. 7,10 CONSULTANT shall maintain books and accounts of all project related payroll costs and all expenses and incidental expense. Books shall be available at all reasonable times for examination by the OWNER at the office of the CONSULTANT. 7,11 This AGREEMENT, including attachments incorporated herein by reference, represents the entire AGREEMENT and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written AGREEMENT. Any supplement or amendment to this AGREEMENT to be effective shall be in writing and signed by the OWNER and CONSULTANT. 7.1 This AGREEMENT is to be governed by and construed in accordance with the laws of the State of California, PAGE 6 OF 6 IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this AGREEMENT. CITY OF REDLANDS DOKKEN ENGINEERING c- BY , °, BY ct,ur Regional Manager ATTEST �`� ' �� DATE February 23, 1993 City Cierl . PAGE 6 OF 6 ATTACHMENT "Alf SCOPE OF SERVICES FLOOD DAMAGE - EMERGENCY OPENING ALABAMA STREET AND ORANGE STREET TASK ORDER NO. I TASK NO. DESCRIPTION 310 RESEARCHIDATA GATHERING - Collect data including project site factors, right-of-way maps, "As-Built" plans, record maps, surveys, deeds, reports, assessor maps and contract documents, 330 PROJECT TEAM MEETINGS - Team meetings will be held at regular intervals to report on progress and to discuss upcoming concerns. Special meetings will be held as needed. 340 ENVIRONMENTAL PROCESSING - Review and comment on Environmental Documents prepared by the City. Provide maps, plans, sections and details for reproduction as needed. 350 PRELIMINARY DESIGN - Prepare preliminary plans, profiles and typical sections; develop a preliminary construction cost estimate. 380 MISCELLANEOUS DESIGN SUPPORT - Note approximate right -of-way lines on the plan sheets, recommend right-of-way takes and temporary easements to be acquired by others. Coordinate with all affected Utility companies, Review topographic surveys prepared by the City, perform a geotechnical initial site assessment and offer an opinion as to maximum scour depth and requirements for embankment slopes and pavement structural section. 400 STRUCTURES - Prepare plans or notes for bridge removal at Orange Street, Prepare plans and details for headwalls, slope protection and debris racks, as necessary. 510 ROADWAY PLANS - Prepare roadway plans, which will include a title sheet, plan and profile sheets, typical sections, and cross sections, 530 DRAINAGE - Final plans, profiles and details will be prepared. It is understood that the system is to accommodate minimum flow in an amount approved by the City. It is further understood that the system is sacrificial and will not accommodate higher flows. 540 TRAFFIC DESIGN - Final signing and pavement delineation plans will be provided. 550 ESTIMATING - A final Engineers Estimate of construction cost will be prepared based on plan quantities and cross sections. Unit prices will be based on Caltrans BEES system and recent local experience. 570 DRAFT P S&E REVIEW AND REVISIONS - Draft Special Provisions will be prepared based on Caltrans Standard Specifications and City of Redlands bid documents. The draft PS&E package will be submitted to the City for review and comment. Comments will be addressed and incorporated into the PS&E package, as appropriate. 5801 FINAL PS&E DOCUMENT SUBMITTAL a A camera ready set of the final PS&E package will be submitted to the City for approval and printing of bids sets. Og PROJECT ADMINISTRATION - Project administration will included project management, cost accounting, progress reporting, scheduling, contract administration, and quality control reviews. SUBSEQUENT TASK ORDERS 600 BIDDING SUPPORT - DE will assist during the bidding phase by responding to bidder's questions, preparing contract addenda, preparing a bid summary, verifying the accuracy, qualifications and completeness of the low bidder, and recommending award to the lowest responsible bidder. 700 CONSTRUCTION SUPPORT a DE will provide construction management support including attendance at the prnstruc#ion meeting, furnishing of resident engineer and inspectors, materials testing, shop drawing review, preparation and processing of contract change orders, monthly pay requests. the final cost estimate, and preparation of record drawings. ATTACHMENT 'IB-1 lf PROJECT SCHEDULE FLOOD DAMAGE - EMERGENCY REOPENING ORANGE STREET BRIDGE REMOVAL TASK DESCRIPTION FEB MAR APR MAY JUN JUL AUG SEP OCT NOV NO. NOTICE TO PROCEED NOTICE TO PROCEED 310 Research/Data Gathering 330 Project Team Meetings 350 Preliminary Design. 380 Miscellaneous Desi�nSupport 510 Roadway Plans 540 Traffic Design 560 Estimatinq 570 Draft PS&E Review & Rev. 580 Final PS&E Submittal 600 Advertising 700 Construction 200 Project Management ATTACHMENT 'fB-2'f PROJECT SCHEDULE FLOOD DAMAGE - EMERGENCY REOPENING ALABAMA STREET AND ORANGE STREET TASK DESCRIPTION FEB MAR APR MAY JUN JUL AUG SEP OCT NOV NO. NOTICE TO PROCEED NOTICE TO PROCEED 310 Research/Data Gathering 330 Project Team N Meetings 350 Preliminary _P±siqn 380 Miscellaneous Design Support 400 Structures 510 Roadway Plans 530 _ Drainage 540 Traffic Design 560 Estimatin2 570 Draft PS&E Review & Rev. 580 Final PS&E Submittal 600 Advertising 700 Construction 200 Project , ,,Mana2ement A17ACHMENT lfcff FEE AND TOTAL COST OF SERVICES FLOOD DAMAGE - EMERGENCY OPENING ALABAMA STREET AND ORANGE STREET TASK NO. DESCRIPTION BUDGET AMOUNT 310 RESEARC ATA GATHERING $ 1500.00 330 PROJECT TEAM MEETINGS 1,500.00 340 ENVIRONMENTAL PROCESSING 500.00 350 PRELIMINARY DESIGN 4.000.00 380 MISCELLANEOUS DESIGN SUPPORT 9"000.00 400 STRUCTURES 5,000,00 510 ROADWAY PLANS 5,000,00 530 DRAINAGE 3,000.00 540 TRAFFIC DESIGN 2,000.00 560 ESTIMATING 500.00 570 DRAFT PS&E REVIEW AND REVISION 1,000-00 580 FINAL PS&E SUBMITTAL 500,00 200 PROJECT MANAGEMENT 1,500.00 ---T— TOTAL BUDGET AMOUNT $35,000.00