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HomeMy WebLinkAboutContracts & Agreements_143-2004_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR UPDATE AND REVISION OF THE OF NON-POTABLE WATER SYSTEM STUDY This Agreement is made and entered into this 21 st day of September 2004, 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 to perform services ("Services") for Engineering Services for the updating and revisions to the Study of 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. 2.2.1 Consultant shall comply with applicable Federal, State and local laws in connection with its performance of the Services including, but not limited to, applicable State Labor Code requirements and non-discrimination laws including the Federal Americans with Disabilities Act and the State's Fair Employment and Housing Act. 2.3 Consultant acknowledges and agrees that if it violates the provisions of the California Labor Code relating to prevailing wage that City may withhold payments to Consultant pursuant to Labor Code sections 1726, 1727 and 1771.6. 2.4 Consultant agrees that if it engages a subcontractor to perform any of the Services, that Consultant shall comply with California Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by the City pursuant to Labor Code sections 1775 and 1813. 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. 3.3 City designates Greg Gage as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. 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$13,200.00. 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. Greg Gage 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. 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 commence the Services unless and until all required insurance listed below is obtained by Consultant and Certificates of Insurance and endorsements evidencing such insurance are presented to City. All insurance policies shall include a provision prohibiting cancellation, except upon thirty(30)days prior written notice to City. 6.2 Worker's Compensation and Employer's Liability A. Consultant shall secure and maintain Workers Compensation and Employer's Liability insurance throughout its performance of the Services in amounts which meet statutory requirements with an insurance carrier acceptable to City B. Consultant expressly waives all rights to subrogation against the City, its elected officials and employees for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees. Consultant agrees that its 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. 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 are 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 its performance of the Services 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 its performance of the Services in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate. 6.5 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 its performance of the Services, 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 assigning any of the Services without the prior written consent of City. In the event of mutual agreement between the parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured to Consultant's insurance policies and provide City with insurance endorsements prior to any Services being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.7 Hold Harmless and Indemnification. Consultant 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 Consultant's negligent and/or intentionally wrongful acts or omissions in performing the Services; 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. 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 All documents, records, drawings, designs, cost estimates, electronic data files, databases and other documents developed by Consultant pursuant to this Agreement 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 will be at City's sole risk. 7.3 Consultant's key person for the Project is R. Barry Bierschbach, RE., Project Manager and Consultant agrees that Mr. Bierschbach shall be made available and assigned to the Project, and that he shall not be replaced without concurrence from City. 7.4 Consultant is for all purposes an independent contractor. 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. 7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 7.6 This Agreement may be terminated by the City,without cause, by providing five (5) days prior written notice to Consultant of intent to terminate. 7.7 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but no amount shall be allowed for anticipated profit or unperformed Services, and 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. 7.8 Upon receipt of a termination notice, Consultant shall immediately discontinue all Services, and within five (5) days of the date of such 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 work completed up until notice of termination. 7.9 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in performing the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.10 This Agreement, including the attachments 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 agreements with regard to the subject matter hereof between City and Consultant are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City Council of City and signed by City and Consultant. 7.11 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: us Peppier John Brudin, P.E. Ma 7r PresidInt ATTEST: Lorry Po zer lerk City of R dlan s ATTACHMENT A Scope of Services Description The City would like to update and revise the Non-Potable Water System needs within the City's water service area. Based upon our meetings with the City's staff on July 27, 2004, the City's staff has identified a list of projects for its non-potable/recycled water system. The updates and revisions to the study are as follows: A. Mapping of the Non-Potable Water System 1. Revise the non-Potable pressure zones and existing and proposed non- potable water transmission and storage system to include all areas within the City's water service area. 2. Determine facilities required to serve existing high priority non-potable water demands within the City's water service area. 3. Estimate cost of facilities for each Pressure Zone to serve existing high priority non-potable water demands within the City's water service area. 4. Update and identify existing high priority non-potable water demands within the City's water service area. 5. Identify future potential areas of non-potable uses under current City General Plan. B. Study of Non-Potable Water System Report 1. Update and revise the draft report for the "Study of Non-Potable water System" to reflect current conditions for all areas within the City's water service area. The report will list and evaluate all potential existing non- potable users within City's water service area. 2. The updated report to include all future potential non-potable usage areas within the City's water service area. Each separate non-potable pressure zone to have estimate of potential non-potable usage. 3. The updated report to include recommendations for maximizing water supplies for potable and non-potable uses. 4. The updated report to provide hydraulic simulation model (H20Net) of existing and recommended pipeline transmission system, storage, and supply system for recommended non-potable water system. 5. The updated report to identify short-term high priority non-potable projects and long-term non-potable projects. Project Management Engineering Resources of Southern California, Inc., will provide overall project management for the City. Specific tasks shall include preparing the report and map, preparing agendas for meetings, quality control, keeping on schedule and maintaining regular communications with the City's staff. City's Obligations City shall provide all pertinent requested information on the City's existing water service area. Meetings Engineering Resources of Southern California, Inc.,will include three(3)meetings with the City's staff during the course of the project. List of Deliverables Engineering Resources of Southern California, Inc.will provide 5 hard copies of maps 36"x 24" with CID copy on AutoCad format of Map, and 5 hard copies of the Report with disk in MS Word format of Report and data for H20NET model simulation on disk. ATTACHMENT B Proiect Schedule The schedule for the project is included below: September 24, 2004 Notice to Proceed November 30, 2004 Prepare and submit 80% of Revised and Updated Report* December 20, 2004 Submittal of Report (95% level)* City to review submittal and return to Engineering Resources of Southern California, Inc., within one (1) week. ATTACHMENT "C" Proiect Fee Estimated Task Category Hours $/Hr Cost Meet with City staff for report and map parameters Principal Engineer 4 130 $520 Evaluate Revisions and Updates Principal Engineer 4 130 $520 Engineering Tech 11 4 75 $300 Map Revisions and Updates Principal Engineer 4 130 $520 Engineering Tech 11 16 75 $1,200 Analysis of Revisions and Principal Engineer 8 130 $1,040 Updates Engineering Tech 11 16 75 $1,200 Report Principal Engineer 16 130 $2,080 Engineering Tech 11 32 75 $2,400 Executive Secretary 12 55 $660 Cost Estimates of Facilities Principal Engineer neer 4 130 $520 Engineering Tech If 8 75 $600 Meetings Principal Engineer 8 130 $1,040 Engineering Tech 11 8 75 $600 ITOTALS 1 1 132 1 1 $13,200 ATTACHMENT D Rate Schedule Category $/Hr Principal Engineer 130 Engineering Tech 11 75 Executive Secretary 55