Loading...
HomeMy WebLinkAboutContracts & Agreements_117-99_CCv0001.pdf STANDARD AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES This Agreement is made and entered into this 7"day of December. 1999 by and between the City of Redlands, a municipal corporation (hereinafter "City") and John Egan and Associates, Inc., (hereinafter "Consultant"). In consideration of the mutual promises, 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 professional engineering consulting services("Services")for the Design of Church Street Widening from Redlands Boulevard to Colton Avenue (the "Project"). 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 professional engineering 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 Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. 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 Tom T. Fujiwara, Assistant Public Works Director, 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 Project Schedule set forth in Exhibit "B",which is attached hereto and incorporated herein by this reference. ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $54,700 in accordance with Attachment C - Project Fee. City shall pay Consultant on a time and materials basis at the hourly rates described in Exhibit "D" entitled "Rate Schedule," which is attached hereto and incorporated herein by this reference. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice to City indicating the Services performed to date, who performed the Services, indirect costs, and the detailed cost of all Services. 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 notices, shall be made in writing and may be given by personal delivery or by mail. Notices, sent by mail shall be addressed as follows: city Consultant Tom T. Fujiwara Thomas J. Crowley, Project Manager Public Works Department John Egan and Associates, Inc. 35 Cajon Street, PO Box 3005 25814 Business Center Drive, Suite A Redlands CA 92373 Redlands CA 92374 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notice 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. 2 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain worker's compensation insurance and,in addition,shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury and death, and claims for injury to or destruction of tangible property, while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of $1,000,000, and in $3,000,000 in the aggregate. Consultant shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per occurrence. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damages, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful misconduct or negligent acts or omissions on the part of Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. 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. 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 Thomas J. Crowley and John Egan. Consultant agrees that such key personnel shall be made available and assigned tothe Project, and that they shall not be replaced without prior concurrence by City. 3 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by Consultant pursuant to this Agreement 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 City, without cause, by providing thirty (30) days prior written notice to Consultant(delivered by certified mail, return receipt requested)of its intent to terminate. 7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) 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. 7.9 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. 7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.11 This Agreement, including the exhibits incorporated herein by reference, represents the entire agreement and understanding between the parties hereto as to the matters contained herein, and any prior negotiations, proposals or oral agreements are superseded by this 4 Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. 7.12 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 John Egan and Associates, Inc. city ("Consultant") By: I t By: Mayor, City of Redlands hn Egan ATTEST: City Clerk, City CR 'dlands 5 CONSULTING SERVICES EXHIBIT A SCOPE OF WORK EXHIBIT A ENGINEERING SERVICES FOR WIDENING OF CHURCH STREET FROM COLTON AVENUE TO REDLANDS BOULEVARD John Egan and Associates, Inc. (JEA) is pleased to submit this proposal to provide engineering services for design of street improvements for Church Street from Colton Avenue to Redlands Boulevard. Our project team consist of LOR Geotechnical Group, Inc. who will provide the geotechnical investigations to determine recommendations and pavement design; GP Surveying will be providing the design topographic survey; and JEA will be providing project management, right of way, and design services. PROJECT DESCRIPTION Project consists of widening Church Street from Colton Avenue to Redlands Boulevard. The goal of the project is to construct a 64-foot wide street where possible. We will be looking at issues that affect the right-of-way requirements versus street width, utility relocations, and impacts to existing structures and historical features. In general, the project includes construction of new asphalt concrete pavement, curbs and gutters, sidewalks and drainage improvements. For the most part the existing pavement section will be completely removed and replaced. There are areas where the existing pavement and curb and gutter will be saved and a pavement overlay is required. We will be looking at the existing drainage inlets and making provisions to relocate these drains using the existing drain system. In the area of the Mill Creek Zanja Channel we will be providing calculations and design of a Caltrans Standard Plan RCB to accommodate the flows determined by the Army Corps of Engineers (ACOS). The improvements will be constructed in accordance with the contract plans, specifications, and policies, procedures and requirements of the City of Redlands. SCOPE OF SERVICES PHASE I - PRELIMINARY DESIGN Phase 1 services will include sufficient research, survey, and preliminary design to establish the project's improvements and right-of-way requirements. 1.1 Research: Conduct a thorough research of the utilities in the project area, existing street right-of-way, survey control, hydrology and mapping information, and existing storm drain and street improvement plans. 1.2 Survey/Base Sheet Topo: Perform field centerline survey to establish record street alignment including searching for and verifying all existing monumentation. Perform field cross sections at 50-foot intervals from right-of-way to right-of-way (full width). At intersections, perform cross sections on adjacent streets 150 feet from Church Street for curb return design. Profile existing driveways adjacent to Church Street for match-up design. At the Mill Creek Zanja crossing, provide cross sections 200 feet each side of Church Street and flowline profiles 400 feet upstream and downstream. Topographic information will include utilities, trees, signs improvements and anything that may affect design. Prepare base sheets showing the above field information in a 1"=40' scale Autocad@ format. 1.3 Geotechnical Report: Perform five exploratory borings to a maximum depth of 20 feet within the street improvement location. Obtain selected soil samples at each boring location; conduct laboratory soil tests including, but not limited to sieve analysis, sand equivalent, insitu moisture content, unit weight, optimum moisture content, dry density, direct shear, and R-value. Prepare a geotechnical report that includes the details of the field investigations and a summary of the laboratory testing and recommendations for the street pavement structural section. 1.4 Preliminary Design: Base sheets will be developed consisting of right-of-way from assessor parcel maps, information from existing street improvement plans, utilities, and survey topographic information. We will prepare a preliminary layout of the proposed street improvements to better understand the impact of the improvements on the existing conditions. We will be looking at providing a 64-foot curb to curb width of the street and evaluate reducing this width in conjunction with eliminating street parking and reducing the right-of-way requirements. The goal is to provide two lanes in each direction. This task will also identify the utilities in conflict with the proposed street improvements and provide the City with information to begin coordination with the affected agencies and departments. This task will confirm the right-of-way requirements. 1.5 Right-of-Way Acquisition: Prepare a right-of-way exhibit (1"=40' scale) of the entire project area showing the existing right-of-way and the proposed right-of- way, parcel lines, and assessor parcel numbers. Obtain the vesting deeds of the affected parcels and provide legal descriptions and plats for these parcels within the project limits. Provide assistance to City in coordinating with affected property owners on potential improvements to their property. 1.6 Coordination Meetings: Provide project management services for quality control, administration, and coordination of the work. Provide meeting time during the preliminary phase of the project with the City. This will include data gathering meetings, design constraints and procedures, permit requirements, and field verifications with the affected agencies, PHASE 2 - FINAL DESIGN Phase 2 services will consists of preparing the plans and engineer's estimate and support during the bidding period. 2.1 Plans: Prepare final plan and profile (1"=40' scale} of the of Church Street improvements from Colton Avenue to Redlands Boulevard. Improvements to include curb and gutter and sidewalk, relocation of existing drainage inlets, Mill Creek Zanja Channel improvements, identifying utility relocations, pavement overlay of pavement to remain, and construction notes and details. We will be sizing a Caltrans Standard Plan RCB under Church Street and the Mill Creek Zanja Channel. We will be utilizing flow rates provided by the ACOS. Channel improvements will be limited to the RCB and minor channel improvements to provide for the new box. No major channel improvements are anticipated at this time. Additional plans will include striping, curb painting, and street signs 2.2 Engineer's Estimate: Prepare quantity calculations and engineer's estimates for all street and drainage construction items. 2.3 Bid Support: Answer bidders' questions and prepare addenda or clarifications to plans during the bidding phase. 2.4 Coordination Meetings: Continue to provide project management services for quality control, administration, and coordination of the work. Provide coordination and project status meetings with the City to obtain plan approval. ASSUMPTIONS • City to perform any required coordination and submittals to affected agencies and departments. This may include Caltrans, Railroad, City of Redlands Utility Department, Southern California Edison, The Gas Company, General Telephone, and Cable. • City to obtain any required environmental permits. This may include ACOE, Fish and Game, and Water Quality Control Board. • City to prepare the bid package, general conditions, specification, and bid schedule. i CONSULTING SERVICES EXHIBIT B pROJECT SCHEDULE WORK3NG DAYS am�mmmmmm�mmmmm HIM Ilia Ilia CALENDAR DAYS KICK OFF MEEnNG sign RESEARCH film oil"11111111151 ! 'Ilia ���II�A�III�I�MIa PREUMINARY DESIGN GN�II�MIIlia Ilia III'll 111II111EIII111nII111I111Ioil 11PREUMINARY DESIGN MTG. RIGHT-OF-WAY DOCUMENTS INq �Ilia.,.nm6L DESIGN PWE 1111 111N 11111 PLANS (90X COMPLETE) C" RE%nV# IN 1111 IN IN 11111 Ilia flIAN� "S (100% COMPLETE)ENGNEER*S ESTIMATE i110� �l� CONSULTING SERVICES EXHIBIT C PROJECT FEE EXHIBIT C FEE OF SERVICES JEA proposes to complete all services on a fixed fee basis. Total fixed fee for the work described under "Scope of Services" is proposed as follows: PHASE I - PRELIMINARY DESIGN $33,900.00 PHASE 2 - FINAL DESIGN $20,800-00 TOTAL FIXED FEE $54,700.00 CONSULTING SERVICES EXHIBIT D RATESCHEDULE EXHIBIT D SCHEDULE OF FEES PRINCIPAL ENGINEER $140.00/HOUR SENIOR ENGINEER $110.00/HOUR PROJECT ENGINEER $100.00/HOUR SENIOR DESIGNERIPLANNER $84.50/HOUR ASSOCIATE ENGINEER $76.00/HOUR DESIGNER $67.00/HOUR DESIGN ENGINEER $63.50/110UR DESIGNER/DRAFTER $63.50/HOUR DRAFTER/ENGINEERING ASSOCIATE $66.00/HOUR CADD OPERATOR I $47.00/HOUR CARD OPERATOR II $62.50/HOUR ENGINEERING TECHNICIAN $51.50/HOUR CADD OPERATOR/ENGINEERING AIDE $37.00/HOUR COMPUTER SYSTEM CONSULTANT $ 80.00/HOUR ADMINISTRATIVE SUPERVISOR $62.00/HOUR ADMINISTRATIVE ASSISTANT $56.00/IIOUR CLERICAL $35.00/HOUR UTILITY CLERK/TECHNICAL AIDE $21.50/HOUR CONSTRUCTION SERVICES SUPERVISOR $88.50/HOUR SENIOR INSPECTOR $72.50/HOUR INSPECTOR $63.50/HOUR LICENSED SURVEY SUPERVISOR $45.00/HOUR SURVEY CREW, 2-MAN $150.001HOUR SURVEY CREW,3-MAN $195.00/HOUR MISCELL-ANEOUS SERVICES MILEAGE $0.40/MILE DIRECT EXPENSES IN-HOUSE REPRODUCTION AT COST SUBCONTRACT SERVICES & FEES COST + 10