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HomeMy WebLinkAboutContracts & Agreements_92-2002_CCv0001.pdf AGREEMENT TO FURNISH PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE 1350 ZONE NON-POTABLE WATER SYSTEM This Agreement is made and entered into this 18th day of June 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Engineering Resources of Southern California 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 Preliminary Engineering Design Services for the 1350 Zone Non-Potable Water System("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. 12 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. 3.3 City designates Lonny Young as Project Manager, to act as its representative with respect 0j to the Services to be performed under this Agreement. 1350 Zone Non-Potable Water Services Agreement June 18, 2002 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$19,820. 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 Lonny Young R. Barry Bierschbach,P.E. Municipal Utilities Department Engineering Resources of Southern 35 Cajon Street California, Inc. P. O. Box 3005 1820 Commercenter Circle Redlands CA 92373 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, 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 Non-Potable Water Services Agreement June 18, 2002 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 provide City with Certificates of Insurance and endorsements evidencing 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 throughout 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 (15) 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. 1350 Zone Non-Potable Water Services Agreement June 18, 2002 Page 4 Consultant's obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits. 6.4 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 coverage damage liability. This e shall zn 4n 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. 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. 1350 Zone Non-Potable Water Services Agreement June 18, 2002 Page 5 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: R. Barry Bierschbach, 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, 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, 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 1350 Zone Non-Potable Water Services Agreement June 18, 2002 Page 6 Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. 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. Engineering Resources of Southern City Redlands, California, Inc. ("City") ("Consultant" Z By: By: KARL N. (KASEY) HAWS 16H rot. V-Q Mayor Title: 44?0-1,qa---T ATTEST: Lorriaoyzer City Clerk, City(t "­dlands AGREEMENT TO FURNISH SERVICES FOR THE PRELIMINARY ENGINEERING DESIGN OF THE 1350 ZONE NON-POTABLE WATER SYSTEM ATTACHMENT A SCOPE OF SERVICES ATTACHMENT "A" SCOPE OF SERVICES Description The City would like to identify short-term and long-term non-potable needs within the area north of the I-10 Freeway, east of Mountain View Avenue,crest of Texas Street, and south of the Santa Ana Wash,and an analysis of pumping and reservoir capacity in Zones 1350 and 1570 to investigate future energy savings.(See attached map)Based upon our meetings with the City's staff on 1/31/02 and 2/27/02, the City's staff has identified a preliminary list of short-term projects for its non- potable/recycled water system and energy savings analysis to be evaluated for the report. The short- term projects and probable long-term projects are as follows: A. Short-Term Projects (planning period 2002-2007) 1. Evaluate three pressure zones for non-potable demand for period of 2002-2007. a. Non-potable Pressure Zone 1450' b. Non-potable Pressure Zone 1350' c. Non-potable Pressure Zone 1270' 2. Determine facilities in each pressure zone required to serve short term demand. 3. Estimate cost of facilities for each pressure zone to serve short term demand 4. Evaluate the pumping and reservoir capacity requirements for water systems pressure zones 1350 and 1570 to allow time of use pumping to avoid on-peak Edison demand periods. B. Long-Term Projects (planning period 2002-2022) 1. Evaluate three pressure zones for long term non-potable demands. a. Capacity and sizing of required pipelines. b. Capacity and sizing of pumping facilities and storage facilities. c. Estimate of cost of facilities 2. Evaluate other feasible areas for non-potable demands within the City. a. Proposed Sports Complex b. Other The proposed projects/alternatives that would be analyzed would then be integrated into the City's GIS parcel mapping system on AutoCad(to be provided by the City),and the hydraulic analysis would be performed on H2O Net software program. Project Management Engineering Resources will provide overall project management for the City. Specific tasks shall include: preparing an overall list of alternative short-term and long-term projects to be studied for the Phase 1 of the report, coordination of the alternative analysis process with the City's staff, preparing agendas for meetings,assembling the work product of the analysis of the alternatives into one final report, quality control, keeping the study on schedule and maintaining regular communications with the City's staff. Final Report Engineering Resources will summarize the findings in a report. The report will describe and analyze each of the alternatives including narrative, preliminary cost estimates, figures and tables as appropriate. 1. Progress Submittals (hardcopy only): 60% and 95% complete a. Sheet size will be limited to 8.5 x I I sheets as much as possible to minimize reproduction costs. b. If it is necessary to print a figure larger than 8.5 x 11, the figure size should be limited to a maximum of 11 x 17. c. Large maps will be prepared on the standard border(24 x 36) and plotted half-size (11 x 17)for inclusion in the report. City to provide standard border in an AutoCAD format. d. Number of copies for each progress submittal: 3 (60% and 95%) 2. Final submittal: a. Hardcopy of final report (5 copies). b. Hardcopy of full-size (24 x36) drawings (5 copies). c. Electronic files for final work product, in Auto Cad 2000, MS Excel,WordPerfect formats, delivered on compact disc. Meetings Engineering Resources would include three(3)meetings during the course of the project with City's staff. AGREEMENT TO FURNISH SERVICES FOR THE PRELIMINARY ENGINEERING DESIGN OF THE 1350 ZONE NON-POTABLE WATER SYSTEM ATTACHMENT B PROJECT SCHEDULE ATTACHMENT "B" Project Schedule A preliminary schedule for the project is included below: July 15, 2002 Prepare a list of alternatives for discussion with City's staff. August 12, 2002 Prepare and submit an outline of the Phase I Report September 6, 2002 Submittal of Draft Report (95% level) AGREEMENT TO FURNISH SERVICES FOR THE PRELIMINARY ENGINEERING DESIGN OF THE 1350 ZONE NON-POTABLE WATER SYSTEM ATTACHMENT D RATESCHEDULE ATTACHMENT 44C" Task Category Hours $/Hr Estimated Cost Evaluate Pressure Zones 1350& 1570 Principal Engineer 16 115 $1840 requirements to allow off&mid peak pumping Evaluate Pressure Zones Demands Assistant Engineer 20 75 1500 Principal Engineer 4 115 460 Determine Facilities Required Assistant Engineer 20 75 1500 Principal Engineer 8 115 920 Estimate Cost of Facilities Assistant Engineer 8 75 600 Principal Engineer 4 115 460 Parcel Based Map of Pressure Zones and Senior Technician 20 75 1500 Facilities H2O Net Analysis Senior Technician 32 75 2400 Principal Engineer 8 115 920 H2O Net Mapping of Non-Potable Systems Senior Technician 20 75 1500 Principal Engineer 4 115 460 Evaluate Long Term Non-Potable System Assistant Engineer 16 75 1200 Principal Engineer 8 115 920 Write Report Assistant Engineer 24 75 1800 Principal Engineer 8 115 920 Meetings Principal Engineer 8 115 920 Totals 228 $19,820 ATTACHMENT "D" E EMINGINEERING F3098OFS FRN OXF811WIL Schedule of Hourly Billing Rates (EFFECTIVE JANUARY 1,2002) PRINCIPAL . . . . . . . . . . . . . . . $135.00 PRINCIPAL PLANNER . . . . . . . $95.00 PRINCIPAL ENGINEER . . . . . 115-00 SENIOR PLANNER . . . . . . . . . 85.00 SENIOR CIVIL ENGINEER 95.00 ASSOCIATE PLANNER . . . . . . 70.00 ASSOCIATE CIVIL 80.00 ASSISTANT PLANNER . . . . . . 50.00 ENGINEER . . . . . . . . . . . . . . . ASSISTANT CIVIL 75.00 ENGINEER . . . . . . . . . . . . . . . ENGINEERING TECHNICIAN 75.00 EXECUTIVE SECRETARY . . . . 45.00 if . . . . . . . . . . . . . . . . . . . . . . . ENGINEERING TECHNICIAN 60.00 SECRETARY . . . . . . . . . . . . . . 40.00 1 . . . . . . . . . . . . . . . . . . . . . . . ENGINEERING TECHNICIAN 50.00 RESIDENT ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 X DIRECT SALARY SENIOR INSPECTOR . . . . . . . . . . . . . . . . . . . . . . 2.6 X DIRECT SALARY INSPECTOR . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . - 2.6 X DIRECT SALARY �D HVEY t-REW t2-15-ERS0M) 4) 1 ZDUHVEY ',-REVV k,-5-t-IHSON) 770 U TRAVELTiME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50% CREW RATE MILEAGE . . . . . . . . . . . . $0.38/MILE DIRECT COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COST + 15% TESTIMONY UNDER OATH WILL BE BILLED AT $220 PER HOUR WITH A FOUR (4) HOUR MINIMUM