HomeMy WebLinkAboutContracts & Agreements_4-2003_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING DESIGN SERVICES FOR THE
1450 ZONE NON-POTABLE WATER SYSTEM
This Agreement is made and entered into this 7th
day of January 2003, 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 ("Set-vices") for Engineering Design Services for the 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.
22 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.
Non-Potable Water Services Agreement
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$40,840.00. 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 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.
Non-Potable Water Services Agreement
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.
Non-Potable Water Services Agreement
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.
Non-Potable Water Services Agreement
January 7, 2003
Page 5
The City shall be named as an additional insured and a certificate of insurance shall
be delivered to the City within fifteen (15) days of execution of this Agreement of
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 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: 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, 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.
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,
Non-Potable Water Services Agreement
January 7, 2003
Page 6
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 bythis 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.
ENGINEERING RESOURCES OF
CITY OF REDLANDS SOUTHERN CALIFORNIA, INC.
("City) ("Consultant."
By: By:
Karl N. (Kasey) Haws -john Brudin, P.E.
Mayor President
ATTEST:
Lo—rd(;�06yzer- C Jerk
City of Redlands �-/
AGREEMENT TO FURNISH SERVICES
FOR
THE ENGINEERING DESIGN OF THE
NON-POTABLE WATER SYSTEM
ATTACHMENT "A"
Scope of Services
ATTACHMENT "A"
Scope of Services
Description
The City would like to provide Non-Potable Water System needs within the area north of
the 1-10 Freeway, east of Alabama Street, west of Texas Street, and south of the Santa
Ana Wash, and with a pumping design and transmission for the Non-Potable Zone 1450.
Based upon our meetings with the City's staff on December 11, 2002, the City's staff has
identified a list of design projects for its non-potable/recycled water system. The projects
are as follows:
A. Design of Pumping System
1. Evaluate Pumping System for non-potable demand for Pressure Zone
1450.
2. Determine facilities required for Pressure Zone 1450 required to serve
short term demand.
3. Estimate cost of facilities for each Pressure Zone to serve short term
demand.
4. Provide plans and specifications for construction of a Package Irrigation
Pumping System that would include site plans and grading plan.
B. Design of Transmission Pipelines
1. Provide plans and specifications for 7,600 lineal feet of 6"waterline and
2,500 lineal feet of 16" waterline.
Project Management
Engineering Resources of Southern California, Inc., will provide overall project
management for the City. Specific tasks shall include preparing plans and specifications,
preparing agendas for meetings, quality control, keeping the design on schedule and
maintaining regular communications with the City's staff.
City's Obligations
City shall provide electronic files for proposed street plans for all streets where waterlines
are to be constructed. The electronic files shall contain all rights of way, topographic,
horizontal and vertical data required to the pipeline design, with contours, profiles and
underground utilities. City shall provide all underground and site information of the water
facilities at Well 30-A and 1.0 Million Gallon Reservoir site at Texas Street and Lugonia
Avenue. City shall also provide an electronic file for the City's standard specifications for
waterline construction.
Final Design
Engineering Resources of Southern California, Inc., will provide plans and specifications for the
Pumping Facilities and Waterlines.
1. Progress Submittals (hard copy only): 60% and 95% complete.
A. Specifications will be limited to 8.5 X 11 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. Design sheets will be prepared on the standard border(24 X 36)and plotted
(11 X 17). 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. Original mylar.
B. Hard copy of full-size (24 X 36) drawings (5 blueline copies).
C. Electronic files for final work product, in AutoCAD 2000, IVIS Excel, Word
formats, delivered on compact disc.
Meetings
Engineering Resources of Southern California, Inc.,would include three(3)meetings with the City's
staff during the course of the project.
AGREEMENT TO FURNISH SERVICES
FOR
THE ENGINEERING DESIGN OF THE
NON-POTABLE WATER SYSTEM
,ATTACHMENT "B"
Project Schedule
ATTACHMENT "B"
Scope of Services
A preliminary schedule for the project is included below:
February 4, 2003 Notice to Proceed (City shall provide electronic files for
proposed street plans for all streets where waterlines are to be
constructed. The electronic files shall contain all rights of way,
topographic, horizontal and vertical data required to the
pipeline design, with contours, profiles and underground
utilities. City shall provide all underground and site information
of the water facilities at Well 30-A and 1.0 Million Gallon
Reservoir site at Texas Street and Lugonia Avenue. City shall
also provide an electronic file for the City's standard
specifications for waterline construction)
March 4, 2003 Prepare and submit 60% of Design and Specifications*
April 1, 2003 Submittal of Plans and Specifications (95% level)*
City to review submittal and return to Engineering Resources of Southern California, Inc.,
within one (1)week.
AGREEMENT TO FURNISH SERVICES
FOR
THE ENGINEERING DESIGN OF THE
NON-POTABLE WATER SYSTEM
ATTACHMENT "C"
Rate Schedule
ATTACHMENT "C"
Estimated
Task Category Hours $/Hr Cost
Meet with City staff for design
parameters Principal Engineer 4 115 $460
Evaluate Irrigation Pumping
System Principal Engineer 12 115 $1,380
Asst. Engineer 12 75 $900
Site Plan for Pumping
Facilities Principal Engineer 20 115 $2,300
Senior Engineer 36 95 $3,420
Design for Pumping Facilities Principal Engineer 32 115 $3,680
Engineering Tech 11 40 75 $3,000
Specifications Principal Engineer 12 115 $1,380
Asst. Engineer 20 75 $1,500
Executive Secretary 12 45
$540
Waterline Plans Principal Engineer 32 115 $3,680
Engineering Tech 11 180 75 $13,500
Waterline Specifications Principal Engineer 16 115 $1,840
Asst. Engineer 16 75 $1,200
Executive Secretary 12 45 $540
Meetings Principal Engineer 8 115 $920
Asst. Engineer 8 1 75 1 $600
TOTALS 472 1 =$40,840
Note: This does not include soils investigation, surveying, bid and construction services.
ATTACHMENT "D"
_�_� iNGINafflNG
ESOUNCES ATTACHMENT "D"
Of SINS om cutnmk M.
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 ASSC?CIATE PLANNER . . . . . 70.00
ASSOCIATE CIVIL 80.00 ASSISTANT PLANNER . . . . . 50.00
ENGINEER . . . . . . . . . . . . . .
ASSISTANT CIVIL 755,00
ENGINEER . . . . . . . . . . . . . .
ENGINEERING 75.00 EXECUTIVE SECRETARY . , . 45.00
TECHNICIAN iI . . . . . . . . . .
ENGINEERING 60.00 SECRETARY . . . . . . . . . . . . . 40.00
TECHNICIAN 1 . . . . . . . . . .
ENGINEERING 50,00
TECHNICIAN . . . . . . . . . .
CONSTRUCTION MANAGER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 X DIRECT SALARY
RESIDENT ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 X DIRECT SALARY
SENIOR INSPECTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 X DIRECT SALARY
INSPECTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6XDIRECT SALARY
SURVEY CREW SURVEY CREW
(2-PERSON). . . . . . . . . . . . . $160.00 (3-PERSON) . . . . . . . . . . , . . $175.00
TRAVEL TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50% CREW RATE
MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.38/MILE
DIRECTCOST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COST + 15%
TESTIMONY UNDER OATH WILL BE BILLED AT $220 PER HOUR
WITH A FOUR (4) HOUR MINIMUM
S:IERSCIERSC Rate ScheduleslERSC Schedule of Hourty Billing Rates 010102.wpd