HomeMy WebLinkAboutContracts & Agreements_3-2003_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING DESIGN SERVICES FOR THE 1350
ZONE RESERVIOR
This Agreement is made and entered into this 7t"'day of January 2003, by and between the
City of Redlands, a municipal corporation (hereinafter"City") and Dudek&Associates, Inc.,
(hereinafter "Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth,
City and Consultant hereby agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement,
to perform services ("Services")for the 1350 Zone Reservoir("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 in 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 prevailing wage laws.
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 or rights-of-way as required by Consultant to perform the Services,
33 City designates Lonny Young as Project Manager, to act as its representative with
respect to the Services to be performed under this Agreement.
1350 Zone Reservoir Project
January 7, 2003
Page 2
ARTICLE 4 - PERIOD OF SERVICE
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$18,000. City shall pay Consultant on a Time and Materials basis up
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 personal delivery or by mail. Notices, bills and payments sent by mail shall
be addressed as follows:
CITY CONSULTANT
Mr. Lonny Young Mr. Ken King, P.E.
Municipal Utilities Department Dudek &Associates, Inc.
35 Cajon Street 10 East Vine Street
P.O. Box 3005 Suite 214
Redlands, CA 92373 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.
1350 Zone Reservoir Project
January 7, 2003
Page 3
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 perform 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.
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.
1350 Zone Reservoir Project
January 7, 2003
Page 4
6.5 Business Auto Liability Insurance. Consultant shall have business auto
liability coverage,with minimum limits of 1 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. Contractor 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 Contractor'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.
1350 Zone Reservoir Project
January 7, 2003
Page 5
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 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:
Project Manager: Kenneth R. King, P.E.
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 documents, records, drawings, designs, cost 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 the 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.
1350 Zone Reservoir Project
January 7, 2003
Page 6
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, including the attachments incorporated herein by reference,
represents the entire agreement and understanding between the parties and any
prior negotiations, proposals or oral agreements are superseded by this Agreement.
Any amendment to 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 Dudek & Associates, Inc.
("City") ("Consultant")
By: By:
Karl N. (Kasey) Haws
Mayor Tile: 'V1110i
V Dudek &Associates, Inc.
Frank J. Dudek
President
ATTEST:
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AGREEMENT TO FURNISH SERVICES FOR
THE ENGINEERING DESIGN OF THE 1350 ZONE
RESERVOIR
ATTACHMENT A
SCOPE OF SERVICES
A TTA CHMENT "A If
SCOPE OF SERVICES
The City of Redlands would like to construct a new reservoir for the 1350 zone. The new
reservoir will be a 3.9 million gallon welded steel tank.
Dudek and Associates will provide the following services.-
1. Meet with City Staff to establish the design criteria.
2. Prepare conceptual plans.
3. Solicit input from the various major tank manufacturers regarding tank
configurations, details, and specifications. It is normal practice to utilize the input of
the tank manufacturers to establish specifications for the tanks. Dudek &
Associates will explore each manufacturer's standard or preferred methods of
design and construction of the tanks. The final plans and specifications will be
tailored to include the maximum number of suppliers, while maintaining a high level
of quality in the finished product. By allowing a maximum number of suppliers to
respond to the reservoir construction, this will increase competition and reduce the
bid amounts for the reservoir.
4. Prepare Plans and Specifications for the bidding process. Documents to be
prepared will consist of the following:
a. Site Plan to establish location of work.
b. Plan and Section of the reservoir, including locations of piping, hatches, staff
gage, vent and ladder.
c. Accessory details.
d. Specifications.
AGREEMENT TO FURNISH CIVIL ENGINEERING
SUPPORT SERVICES TO THE CITY STAFF FOR THE
PREPARATION OF BID DOCUMENTS FOR THE
1350 ZONE RESERVOIR
ATTACHMENT B
PROJECT SCHEDULE
ATTACHMENT "B"
PROJECT SCHEDULE
A preliminary schedule for the project is included below:
January 8h, 2003 Begin work; prepare base maps
January 15th, 2003 Submit a preliminary concept of 3.9 million gallon tank
showing proposed design criteria. Solicit input from
various tank manufacturers.
January 22nd, 2003 Begin preparation of final plans and specifications
January 29t", 2003 Submit plans and specifications to City Staff for review
ATTACHMENT 66CII
Task Position Hours Rate Estimated
Obtain computer disks from Senior Designer 16 $105 $1680
City staff, plot base map Draftsman 16 65 1040
Prepare conceptual plan Senior Designer 24 105 2520
Solicit input from tank Principal Engineer 16 140 2240
manufacturers
Evaluate data; design grading Principal Engineer 16 140 2240
plan; prepare final plan Senior Designer 24 105 2520
criteria
Draft Grading Plan, draft tank Draftsman 24 65 1560
plan Senior Designer 24 105 2520
Write specifications Principal Engineer 8 140 1120
Meet with City Principal Engineer 4 140 560
TOTAL $189000
AGREEMENT TO FURNISH SERVICES FOR
THE ENGINEERING DESIGN OF THE 1350 ZONE
RESERVOIR
ATTACHMENT "D"
RATESCHEDULE
I&A` SOCIA'T TS,INC Y
ENGINEERING SERVICES CONSTRUCTION MANAGEMENT SERVICES
Principal Engineer.............................................. $140.00/hr Principal/ Manager..................... .............. $ 130.00/hr
Project Manager................................................. $130.00/hr Construction Manager ....................................... $ 120.00/hr
Senior Engineer............................... ..._ $115.00/hr Senior Project Manager.......,.......................___$ 110.00/hr
Associate Engineer............................................ $105.00/hr Project Manager............................................:,..,$ 100.00/hr
Project Engineer 11 .............................................. $95.00/hr Construction Engineer...........................,...,.......$ 90.00/hr
Project Engineer I............................................... $85.00;hr Construction Inspector III...................................$ 80.00/hr
Resident Engineer.............................................. $95.00/hr Construction Inspector11...............,....................$ 70.00/hr
Field Engineer.................................................... $85.00/hr Construction Inspector I.....................................$ 75.00/hr
Engineering Inspector 11 ..................................... $75.00/hr
Engineering Inspector I...................................... $65.00/hr DISTRICT MANAGEMENT & OPERATIONS
Engineering Assistant........................................ $55.00/hr District General Manager ..........................,.........$ 140.00/hr
District Engineer........_............__-._ $ 110.00/hr
PLANNING District Manager II ..............................................$ 110.00/hr
Planning Project Manager..................................$ 115.00/hr District Manager I ..,....................................,,.,.... $ 95.00/hr
Senior Planner................................................... $ 90.00/hr District Manager Assistant......................,........,..$ 70.00/hr
Project Planner................................................... $ 80.00/hr District Secretary/Accountant.............................$ 70.00/hr
Research Planner...............................................$ 70.00/hr Grade IV Operator...............................................$ 80.00/hr
Assistant Planner...............................................$ 65.00/hr Grade III Operator ...........,,......................,.,......... $ 65,00/hr
Planning Technician...........................................$ 60.00/hr Grade 11 Operator ...........................,...,...,,,.......,,.$ 55.00/hr
Planning Drafter................................................. $ 55.00/hr Grade I Operator......,.,...............,........................ $ 52,00/hr
SURVEYING Operator in Training ...........................................$ 40.00/hr
Division Manager/ Licensed Surveyor...............$ 125.00/hr Laborer.......,...............................................,,,....$ 34.00/hr
Surveying & Mapping Mgr/ Licensed Surveyor $ 115.00/hr INFORMATION SYSTEMS
Mapping & Legal Project Manager .....................$ 90.00/hr Information Systems Manager............................$ 155.00/hr
Field Supervisor/ Survey Analyst...................... $ 90.00/hr Systems Technician II,......................................,.$ 100.00/hr
Assistant Survey Analyst....................................$ 85.00/hr
Mapping & Legal Technician..............................$ 70.00/hr PRINCIPAL................... ......,...............$ 140.00 - $165.00/hr
Survey Technician .............................................$ 60.00/hr
1-Person Survey Crew.......................................$ 125.00/hr OFFICE SERVICES
2-Person Survey Crew.......................................$ 155.00/hr TECHNICAL / DRAFTING/CADD SERVICES
3-Person Survey Crew.......................................$ 195.00/hr
HYOROGEOLOGICAL SERVICES 3D Graphic Artist................................................$ 120.00/hr
Senior Designer.................................................$ 90.00/hr
Principal.............. ...... .......__............... $ 165.00/hr GIS Technician Il ..,..........,......................,...,.......$ 90.00/hr
Sc Hydrogeologist/ Sr. Project Manager.............$ 130.00/hr GIS Technician I..........,.........................,............$ 80.00/hr
Associate Hydrogeologist/ Engineer.................. $ 115.00/hr CADD /Designer III ,................................. ..,,......$ 85.00/hr
Hydrogeologist IV!Engineer IV............... $ 95.00/hr CADD/Designer II ............,...........,..................,..$ 85.00/hr
Hydrogeologist III/ Engineer III ..........................$ 80.00/hr CADD Drafter I ...___.................................___$ 75.00/hr
Hydrogeologist 11/ Engineer II ............................$ 75.00/hr CADD Operator I1....,................,,....,........,...........$ 70.00/hr
Hydrogeologist I /Engineer I............................. $ 65.001hr CADD Operator I,....................................,...........$ 65.00/hr
Technician ........................ $ 55.00/hr Assistant Designer Drafter............,.......,.,.,.........$ 65.00/hr
ENVIRONMENTAL SERVICES SUPPORT SERVICES
Principal..,....... .................. ........ $ 150,00/hr Computer Processing.................,.......,...,.,.........$ 65.00/hr
Senior Project Manager/Specialist................ $ 140,00/hr Clerical Administration..............,.......................,$ 55.00/hr
Environmental SpecialistPlanner VI ...................$ 125.0011hr FORENSIC ENGINEERING -Court appearances and depositions as expert witness will
Environmental Specialist/Planner V................... $ 115.00/hr be billed at 1.5 times normal rates.
Environmental Specialist/Planner IV. $ 105,00/hr EMERGENCY AND HOLIDAYS-Minn pmt charge of two hours will be billed at 1.5 times the
Environmental Specialist/Planner III ..................$ 95.00 hr normal rate.
Environmental Specialist/Planner 11 ................... $ 80.00/hr MATERIAL AND OUTSIDE SERVICES-.Subcontractors,rental of special equipment,
special reproductions and blueprinting, outside data processing and computer
Environmental Specialist t Planner I .................... $ 70.00,''hr services, etc., are charged at 1.15 times the direct cost,
Analyst.,.............................................................$ 60.00/hr TRAVEL EXPENSES-Mileage at 34.5 cents per mile. Per diem where overnight stay
Research Assistant...................._....... ........$ 50.00,'hr is involved is charged at cost.
Effective December 4,2001