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HomeMy WebLinkAboutContracts & Agreements_6-1989_CCv0001.pdf r. Seam , :,rnrlds ' cnvir..,3menfa Nr eds _..-_. uiurg - - r1p -.r.. _... s . January 10, 1988 City of Redlands Public Works Department t 30 Cajon Street Redlands, California. 92373 Gentlemen: James M. Montgomery, Consulting Engineers, Inc. proposes to perform the f llo ming work on the terms and conditions as outlined herein: A. SCOPE To perform the detailed.. design mid preparation of bid documents for the enlargement of the caustic storage facilities at the Horace P. Hinckley Water Treatment Plant. The specific tasks will include the fallowing. I. Engineering Services 'a) Inspect the existing chemical storage and feed facilities. 'h) Review the record drawings and shop drawings, 'c) Prepare detailed drawings and specifications for the work to he completed by an independent construction contractor. The City will he furnished with one fall size set of reproducible le drawings, and 0 sets of complete bid documents consisting of specifications and half size drawings. The design will include the addition of a new alum storage tank with associated piping and level sensing instrumentation and conversion of an existing alum storage tank to caustic soda storage. 'd) prepare an estimate of the construction cast. 'e) Prepare plan clarifications during bidding and construction. 'f) Review shop draerings. 'g) Make three visits to the site at the request of the City during construction. City of Redlands -2- January 10, 1988 Z. Additional Services JMM can provide the following additional service if requested by the City. (a) Administration of the bidding process. (b) Construction management. (c) Any other item of work not specifically mentioned above. B. FEES AND CONDITIONS FORCONSULTING SERVICES (1) Consulting services are provided in accordance with the current Schedule of Fees and Conditions, a copy of which as attached. (2) used on the Engineer's present knowledge of the work described in A.1. Engineering Services, it is recommended that $15,000 be budgeted for the project. If the above proposal meets with your approval, it may serve as the basis for agreement by affixing the signature in the spaces provided below. Respectfully submitted, ACCEPTED BY: JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. CITY OF REDLANDS By: By: Mark D. Umphres Title: Ma or Pro Tem ate: February 7 1989 By William H. Moser Vice President ATTEST: APPROVED AS TO FORM: n/a City Attorney SCHEDULE OF FEES AND CONDITIONS Janus M.Montgomery,Consulting Engineers,Incorporated A. FEES ANIS PAYMENT 1. The fee for services will be based on salary,const plus 140 percent of said salary costs. When field engineering services gree to be performed by field personnel. the fee will be salary;cost plus 130 percent, Salary cost is the cast of salaries (including sick leave,-vacation- ftolidayand Incentive pay) of personnel for time directly chargeable to the project. plats unemployment, excise. and pavrotl taxes, contributions for soclat security, employment compensation Insurance, retirement, medical, and insurance benefits and, for the purpose of this project, salary costs are defined,as 13 times actual payroll,; Non-salary expenses directly ituributahle to the project like it) living and traveling expenses of employ wt away f lint the home ciffiace on business connected with rite pry, t2J indentifiable communication expenses, f3) identifiable drafting and stenographic supplies-aand expenses.and (4) Identifiable reproductkut costs applicable to the wont will be charged at actual cost plats 15 percent service charge, Charges far'the use of computers, word processors;and associated equipment and services will to tat accordance with the published schedule of feed in effect at fits time tate charges are incurred. Charges f'or services provided by Montgomery's approved water duality laboratory will be fit accordance with the published laboratory fee schedule in effect at the time the services are furnished, 2. The fee for Outside Services will be at actual cost plus 15 percent of actual cost to cover overhead and administration, 3, Payment shall be date within 30 days after date of monthly invoice describing the work performed and expenses incurred during the preceding inortth: 4. In order to defray carrying charges resulting from delayed payments, simple interest at the rate of eighteen percent (18%) per annum (but not exceeding the maxinium rate allowed by law) will be added to the unpaid balance of each invoice. The interest period shall commence 30 days after date of original invoice and shalt terminate upon elate of payment. Payments will he first credited to interest and then to principal. No interest'charge will be added during the initial 30-day period following date of invoice. B, COMMENCEMENT OF WORK The work wilt are commenced immediately upon receipt of notice to proceed, If after commencement of work the project is delayed for any reason beyond the control of Montgomery for more than 5()days, the terms and conditions contained herein are subject to revision. C. MISCELLANEOUS PROVISIONS 1. BOOKS OF ACCOUNT. Montgomery will maintain hooks and accounts of payroll costs, travel, subsistence. field and incidental expenses. Said books and accounts will be available at all reasonable times for examination by the Owner at the Corporate office of Montgomery.- 2. ontgomery'2. IT 7SURANCEA N DEMNIFIfbATION (a) Montgomery will maintain insurance as will protect Owner from claims antler the Worker's Compensation Laws and from General Liability and Automobile claims for bodily injury , or death, or property damage which may arise from the negligent performance by-its employees in the functions and services required uivJer this Agreement: (b) Montgomery asserts that it is skilled in the professional calling necessary to:the services and duties proposed to he performed and that it shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of Montgomery's caliber in the same locality and to that end Montgomery agrees to Indemnify and hold harmless Owner, its officers and employees from and against any and all liability claims, suits, lass, damages, costs and expenses arising out of or resulting from any negligent act, error or omission of Montgomery. its officers, employees, agents or subcontractors in the performance of their services and duties hereunder. Further to assure Owner that such standard will be maintained and to protect Owner from any negligent acts, error or omission on the part of Montgomerv, Montgomery maintains Professional Liability~insurance in the amount of$1000.060. The total aggregate of Montgomery's professional liability, however, to all parties related tea this Agreement shall not exceed$50,000 or the amount of Montgomery's fee,whichever is less. (c) Although the insurance as stated is currentiv in effect, date to the instability of the world insurance market, it is recognized that on periodic negotiation of policy renewals, it may not be possible to maintain the exact insurance coverage required tinder the terms of this Agreement, In such event, Montgomery will use its best efforts to obtain insurance coverage that is reasonably available and-`most nearly equivalent to the insurance coverage herein described. (it) In consideration of the unavailability bility of professional liability insurance for services'involving or relating to hazardous waste elements of this Agreement, if applicable, or the removal or encapsulation of asbestus, it is further agreed that Owner shall indemnify and hold harmless Montgomery and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including tett not limited to-fees and charges of attorneys and court and arbitration costs,arising out of or resulting front the performance of the work by Montgomery, or claims against Montgomery arising from the work of otters.related to hazardous waste or asbestos activity. The above indemnification provision extends to claims against Montgomery which arise out of, are related to. or are bast upon. the dispersal, discharge. escape,_ release or saturation of smoke, vapors, soot. fumes, acids. alkalis, toxic chemicals, liquids,gases or any other material, irritant, contaminant lir pollutant in or into the atmosphere, or on.onto, upon, in or into the surface or subsurface(a)soil. (b)water or watercourses. (c) objects,or (d) arty tangible or intangible matter. whether sadden or not, (e) Notwithstanding any provisions in this Agreement to the contrary. if this project involves construction as that terra is generally° understood. and Montgomery= does not provide Engineering Services during construction. including but not limited to. on-site monitoring, site visits, shop drawing review, design clarifications. etc., Owner agrees to indemni&and hold harmless Montgomery from any and all liability= arising out of this project or Agreement. 3. DOCUMENTS (a) All tracings, survey notes, and other original documents as instruments of service are and shall remain the property of Montgomery, except where by lava or precedent these documents become public property. Owner agrees to hold harmless. indemnify and defend Montgomery against all damages, claims, expenses and losses arising out of any reuse of the plans and specifications without the written authorization of Montgomery, (b) All computer programs, software and other like data developed during the course of the project, unless specifically developed for the client, are and shall remain the sole property of Montgomery. (c) Montgomery's liability to owner for any computer programs, software products or related data furnished hereunder is limited solely to the correction of residual errors, minor maintenance, or update as agreed. Montgomery makes no warranties of any kind, Including any'linpiled warranty of merchantability or of fitness for any particular purpose or against infringement, with respect to computer programs, software products, related data, technical information or technical assistance provided by Montgomery tinder this agreement. In no event shall Montgomery, Its officers, agentsor employees be liable tinder or In connection with the-agreement under any theory of tort, contract. strict liability, negligence, or other legal or equitable theory for incidental or consequential damages elating to any computer programs, software products or related data furnished hereunder. 4. TERMINATION OR ABANDONMENT. If any portion of the work is terminated or abandoned by Owner, the provisions of this Schedule of Fees and Conditions regarding compensation and payment shall apply insofar as possible to that portion of the work not tertninated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on Montgomery's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse Montgomery for termination costs, 5. REVISION OF TERMS. If notice to proceed is delayed for any reason beyond 60 days, the terms ad conditions contained in this schedule are subject to revision. 6. ATTORNEY'S FEES. If either party becomes involved in litigation arising out of this contract or the performance thereof. the court shall award reasonable costs and expenses, including attorney's fees to the party justly entitled thereto. In awarding attorney's fees, the court shall not be bound by any court fee schedule, but shall, in the interest of justice, award the fail amount of costs, expenses and attorney's fees paid or incurred in 11cod faith. 7. SUCCESSOR AND ASSIGNS. All of the terms, conditions and provisions hereof shall inure to the benefit of and he binding upon the parties hereto and their respective successors and assigns provided, however, that no assignment of the contract shall be made without written consent of the parties to the agreement. 8. CONSTRUCTION ESTIMATES. Estimates of cost for the facilities considered and designed under this Agreement are prepared by Montgomery through exercise of its experience and judgement in applying presently available cost data, but it is recognized that Montgomery has no control over cost of labor and materials, over the Conti-actor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or project construction costs will not vary from its cost estimates. 9. INJURY TO WORKERS. It is understood and agreed that Montgomery's fee is based on Montgomery being named as an additional named insured on construction contractor's insurance policy= for Comprehensive General Liability and Builders All Risk Liabliniv and the owner agrees to Insert into all contracts for construction between*Owner and construction contractor', arising out of this design, 'a provision requiring the Construction Contractor to indemnify both Owner and Montgomery for tiny and all actions arising out of the construction project including injury to huy worker on the job site, not caused by the sole negligence of Owner or Montgomery. 10. SITE VISITS. Visits to the construction site and observations made by Montgomery as part of services during construction tinder this Agreement shall not make Montgomery responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure c;nformance with the intent of the Contract Iocuments, and shall not make Montgomery responsible for, nor relieve the construction contractor(s) of the full responsibility for an construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work tinder the construction contract(s) and for all safety precautions incidental thereto. Such'Visits by Montgomery are not to be construed as part of the monitoring duties of the on-site monitoring person net defined Wow. It ON-SITE MONITORING. When Montgomery provides on-site monitoring personnel as a part of services during construction tinder this Agreement. the on-site monitoring personnel will make reasonable efforts to protect Owner against defects and deficiencies in the work of the contractor(s) and to help determine whether the provisions of the Contract Documents are being fulfilled. Their day-to-day monitoring will not, however, cause Montgomery to be responsible for those duties and responsibilities which Wong to the construction contractor(s) and which include, but are not limited to, futf responsibility for the means, methods, techniques, sequences and progress of construction and the safety precautions incidental thereto and for performing the construction work in accordance with the Contract Documents. 12. COMPLIANCE WITH LAWS. To the extent applicable hereto, Montgomery shall, in the performance of this Agreement comply with: The Fair Labor Standards Act of 1939 (20 U.S.C. 201-219); The Walsh-Healey Public Contracts Act (41 U.S.C. 35-45); The Contract WorIJ Hours Standards Act - Overtime Compensation (40 U.S.C. 327-330); Laws restraining the Use of Convict Labor; Utilization of Small Business and Small Disadvantaged Business Concerns (Public Law 95-507); at other federal, state and local laws, and all regulations and orders issued under any applicable law. (a) The Equal Employment Opportunity clause in Section 202 of Executive Order (E.O.) 11246, as amended, and the implementing rules Had regulations 41 CFR Part 60) are incorporated herein by reterence. unless this order is exempted by rules, regulations. or orders of the Sccretary or Labor issued pursuant to Section 204 of E.O. 11246 or provisions of any superseding E.O. As used in this clause. 'Contractor' means Sefler, Unless this order is exempted, the applicable Equal Emplovinent OPPOWtUniO Compliance Certificate previously submitted by Seller to Buyer is by reference also incorporated herein. N The affirmative action for Handicapped Workers Clause in Title 41. Code of Federal Regulations. Part 60, Subsection 741.4 and the inifiletrenting rules and regulations of the Department of Lahr associated therewith are incorporated herein by reference unless this order is under $2,500, (c) The Affirmative Action for Disabled Veterans and Veterans of the Vietnann Era Clause of Title 41. Code of Federal Regulations. Part 60, Subsection 25014 and the implementing rules and regulations of the Department of Labor associated therewith are incorporated herein by reference, unless this order is tinder $10,000. CAI-SC(12/87)