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HomeMy WebLinkAboutContracts & Agreements_19-1996_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE WABASH GROUNDWATER RECHARGE BASINS PROTECT This AGREEMENT is made and entered into as of this 11th day of March, 1996, by and between City of Redlands Municipal Utilities Department, hereinafter referred to as 11OWNER" and Krieger & Stewart, hereinafter referred to as "ENGINEER" . In consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties do hereby agree as follows : ARTICLE 1. - ENGAGEMENT OF THE ENGINEER 1 . 1 The OWNER hereby engages the ENGINEER and the ENGINEER hereby accepts the engagement to perform engineering services for design of the Wabash Groundwater Recharge Basins Project, hereinafter referred to as Project . 1 . 2 All services under this AGREEMENT shall be done in a profes- sional manner, and the ENGINEER represents that the firm employs those with the demonstrated skill and the professional expertise necessary to provide high quality services under this AGREEMENT. 1 . 3 The ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engi- neers providing the same type of services, for the profession- ul and technical soundness, accuracy and adequacy of all reports, designs, drawings, specifications, and other services and materials furnished under this AGREEMENT. ARTICLE 2 - SERVICES OF THE ENGINEER 2 . 1 The ENGINEER. shall perform the services required for te Project as defined in Attachment A, Scope of Work. 2 . 2 Additional services may be provided by the ENGINEER when requested and approved by the OWNER and agreed to by the ENGINEER. 1 j ARTICLE 3 - RESPONSIBILITIES OF THE OWNER ri 3 . 1 The OWNER shall place at the disposal of the ENGINEER all available informationerti nclud previous reports and any other ndata ret to lat v eoto theProjecting. 3 . 2 The OWNER shall provide access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his services under this AGREEMENT. 3 . 3 The OWNER shall provide all environmental assessments or impact reports required for this project and not otherwise specifically, required to be provided by the ENGINEER. 3 . 4 The OWNER shall designate in writing a person to act as the OWNER' S representative with respect to the services to be performed under this AGREEMENT, such person to have complete authority to transmit instructions, receive information, interpret and define the OWNER' s policies and decisions with respect to materials, equipment, elements and systems perti- nent to the services covered by this AGREEMENT. ARTICLE 4 - PERIOD OF SERVICE 4 . 1 The ENGINEER shall proceed with the engineering services set forth in Article 2 in accordance with the schedule defined in Attachment B: Schedule . 4 . 2 The ENGINEER shall proceed with the services under this AGREE- MENT promptly and shall prosecute them diligently. ARTICLE 5 - PAYMENTS TO THE ENGINEER 5 . 1 For the services performed under Article 2 , Owner shall pay the ENGINEER on a time and materials basis at the hourly rates shown in Attachment D, Schedule of Rates, except as provided herein. The manhour estimates and total project budget are shown in Attachment C, Fee Proposal . The total amount of compensation for the Project shall not exceed the total shown in Attachment C, Fee Proposal, unless the scope of the Proje is materially changed and agreed to by the Parties . ct 5 . 2 Payment for additional services requested by the OWNER per Article 2 . 2 shall be in accordance with a separately negot?at- ed fee or in accordance with the Hourly rates shown in Attachment D: Schedule of Rates . 2 4 5 . 3 ENGINEER agrees that at the point 7 percent: of budgeted costs have been expended for the Project,, the ENGINEER will notify the OWNED. in writing, including a brief report on job status, percent complete, analysis of budget, and envisioned expensed o complete the contractual effort. The budget shall notb exceeded except if previously approved by OWNER- 5 .4 The ENGINEER shall bill the OWNER within ten. (1 0) days following the close of each month by submitting an invoice indicating the work performed, who,performed the work, under which sub-task in the Project budget the work was performed, indirect costs, and if requested, the detailedcost: of all cork including back-up documentation. Payments by ,OWNER to ENGINEER shall be made within 36 days after receipt and approval of ENGINEER'S invoice, by warrant payable to the ENGINEER.. 5 .5 All 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 : TO OWNER: Michael Huffstutler Municipal Utilities Department P.O. Box 3005 Redlands CA 92373 TO ENGINEER: Mark Messersmith, P.E. Krieger & Stewart 3602 University Ave, Riverside CA 92501-3330 ' When so addressed, such notices shall be deemed given Ripon deposit in the United States Mail . In all other instances, notices, bills 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 . ARTIQE 6 - INSURANCE AND I E I ICA`LI T 6. 1 ENGINEER shall maintain worker' s compensation insurance and., in addition, shall 'maintain insurance to ,protect OWNER from claims for damage daze to bodily' injury, personal injury, o death and claims for injury to or destruction of tangible Property while performing the services covered by this ACRE T. Said public liability and property damage insurance shalrl be in a minimum combined single limit of $1, 000, 000, and in the aggregate. The OWNER shall be named a prima addi - tional insured on insurance coverage for public liability and property damage. The ENGINEER shall Provide OWNER with a certificate evidencing such insurance coverage, 3 6 . 2 ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph to protect OWNER from negligent acts, errors or Omissions of a professional nature; the total aggregate of ENGINEER' S professional liability insurance coverage shall be a minimum of $1 , 000, 000 . 6 . 3 ENGINEER agrees to indemnify, hold harmless and defend OWNER and any and all of their elected officials, officers, agents, engineers, and employees from and against all claims, loss, damage, charge or -expense, to which they or any of them may be put or subjected to arising out of or resulting from any willful misconduct or negligent act or actions, omission or failure to act on the part of the ENGINEER, his contractors, his suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable in the performance of the services described in this AGREEMENT. ARTICLE 7 - GENERAL CONSIDERATIONS 7 . 1 In the event of any legal action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, expenses, including attorney' s fees, as may be set by the Court . 7 . 2 The ENGINEER shall not sublet or assign any of the services covered by this AGREEMENT, except with the prior written approval of the OWNER and in strict compliance with the terms, provisions, and conditions of the AGREEMENT. 7 . 3 The key ENGINEER' S personnel proposed for the Project are as follows : ........ Dark E. 1Iessersmith - Principal in Charge Patrick M. Watson - Project Man'ager ENGINEER agrees that these key people shall be made available and assigned to the OWNER' S Project, and that they shall not be replaced without concurrence from the OWNER. 7 . 4 It is understood and agreed by and between the parties that all documents, records, drawings, designs and specifications, cost estimates, and other project documents developed by the ENGINEER pursuant to this AGREEMENT shall become the property of OWNER and shall be delivered to OWNER upon Completion of services . - Any reuse of such documents for other projects and any use of incomplete documents shall be at the OWNRIS sole risk. 4 7 7 . 5 ENGINEER is for all purposes an independent contractor. All qualified personnel provided by ENGINEER pursuant to the provisions of this AGREEMENT are to be employed by ENGINEER for his account only, and in no event shall ENGINEER or any personnel retained by him be deemed to have been employed by the OWNER or engaged by the OWNER for the account of or on behalf of the OWNER. 7 . G Unless earlier terminated, as stipulated below, this agreement shall terminate upon completion and acceptance by the OWNER. of all services approved for performance under Article 2 of this AGREEMENT. 7 . 7 This AGREEMENT may be terminated in writing by either party in the event of failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party: providing, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. 7 . 8_ If this AGREEMENT is terminated by the OWNER for reasons of default by the ENGINEER, an adjustment to ENGINEER' s compensa- tion shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs to the OWNER occasioned by the ENGINEER' S default . If termination for default is effected by the ENGINEER, the adjustment in compensation shall provide for payment to the ENGINEER to include a reasonable profit for services rendered and reim- bursement for expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm and approved by OWNER prior to the termination. 7 . 9 Upon receipt of a termination notice, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise) , and (2) deliver or otherwise make avail- able to the OWNER, copies of data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumu- lated by the ENGINEER in performing services under this AGREEMENT. 7 . 10 ENGINEER shall maintain boobs and accounts of all project related payroll costs and all expenses and incidental expense . Books shall be available at all reasonable times for examina- tion by the OWNER at the office of the ENGINEER. 5 I WE 7 . 11 This AGREEMENT, including attachments incorporated herein b reference, represents the entire AGREEMENT and understandiny g between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written AGREEMENT. Any ment amendment to this AGREEMENT to be effective suppleshall be or in writing and signed by the OWNER and ENGINEER. 7 . 12 This AGREEMENT shall be governed by and construed dance with the laws of the State Of California. in accor- IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this AGREEMENT. CITY OF REDLANDS EN LARSON By Mayor C/ P—C e6c---c ATTEST-- C) r 141te0o e_� A�lq ill, GS-S(0ts q City k Cit o ' Redlands (F r-wpx 6 "ATTACHMENT A" Kpmcm Or (STEA7,WT SECTION III SCOPE OF SERVICES We propose to organize our services into the following components: A. Initial Meeting with City Staff B. Records Search C. Design Survey (Horizontal and Vertical Control) D. Base Construction Drawing E. Preliminary Grading Plan E Review Meeting(40%)with City Staff G. Compliance with Storm Water Pollution Control Requirements H. Construction Drawings and Specifications (100%) 1. Review Meeting(100%) with City Staff J. Final Construction Drawings and Specifications Each of the components are discussed in the following paragraphs: A. Initial Meeting with City Staff The project, including design criteria, will be discussed with City staff before Krieger & Stewart begins providing services. A detailed project schedule and contract document format will also be presented for City staff comments and/or approval. We will request that the City furnish us with applicable materials at this meeting,particularly City facility drawings. B. Records Search The records search will consist of obtaining copies of all assessor's maps, records of survey, tract maps. , parcel maps, monument ties, benchmark data, and utility information which pertain to the project. Utility information will include atlas sheets from Southern California Gas Company, Southern California Edison Company, General Telephone, cable television companies,and other affected utilities. 8- TEAX:AQT C. Design Survey(Horizontal and Vertical Control) We propose to use aerial photogrammetry for the project. The design survey will consist of locating existing property corners for the City's site and setting aerial targets at said property comers. If property corners do not exist, then we will set the aerial targets at the approximate' property comers. We have assumed the City will provide a legal description for the site. Each target will be. elevated and the vertical control will be tied to existing benchmarks to ensure vertical closure. In addition, all water valves, utility vaults, and other visible facilities will be painted for ease in photo identifying same. If coordinated monuments are available near the align=ment, we will tie our survey to said coordinates to ensure horizontal closure. If coordinated monuments are not available, we will either complete a traverse or, if sufficient record distances are available, compare our measured distances to record distances, again to ensure reasonable horizontal closure. D. Base Construction Drawing Aero Tech Surveys will provide Krieger& Stewart with aerial topographic data for the project site in a digital AutoCAD Version 13 format. The base construction drawing including aerial topography will be prepared on 24" x 36° mylar sheets with standard City title block at a horizontal scale of I" equals 40, with V contours. Required signature blocks, existing improvements (including pavement limits, curb, gutter, sidewalks, fences, landscaping, storm drains, mail boxes, and utilities), property lines, public and private rights-of-way, street centerlines, and survey data will be added to complete the base construction drawing. After the base construction drawing is completed, the project engineer will field review the project site to ensure that existing conditions are correctly represented. When the base construction drawings are complete, a Krieger & Stewart design review committee will review project components and conditions, and provide comments regarding design criteria and critical design factors. Said committee will be composed of registered engineers who have expertise pertinent to project details. E. Preliminary Grading Plan We will prepare the preliminary grading plan after completing the base construction drawing. The Preliminary grading plan will include dimensions and elevations for each of the proposed grading percolation basins and berms, a typical section of the entire site, and preliminary earthwork calculations. Based upon the preliminary design, orientation of the percolation basins, existing utilities, and location of the existing waterline in Wabash Avenue. The preliminary design of the pipeline to the basins will be completed, 111-2 K F-c,EEV T F. Review Meeting(40%)with City Staff We will arrange a review meeting with.City staff to review the preliminary grading plan. Prier to the meeting, we will provide City staff with copies of preliminary drawings showing the proposed grading plan and supply pipeline. The purpose of this meeting will be to review and obtain comments and/or approval regarding the preliminary grading plan and supply pipeline. In addition,we will review possible utility interferences, system connections, required permits, and right-of-way requirements. G. Compliance with Storm Nater Pollution Control Requirements Since the project involves more than five acres of ground surface disturbance, it is subject to the requirements of the State General NPDES Permit No. CAS 02 for Storm Water Discharges Associated With Construction Activity (Permit). In conformance with the requirements of said Permit we will prepare a Notice of Intent to Comply with the Terms of the General Permit (No. 1) for submittal by the City to the State Water Resources Control Board(SWRCB) along with the standard $250.00 fee; and a Storm Water Pollution Prevention Plan(SWPPP)and Storm Water Monitoring Program for implementation by the Contractor. The SWPPP will include all elements required by the Permit, including a topographic map of the site vicinity and site map showing impacted areas,control practices and drainage courses; a list of potential storm water pollutants; runoff coefficients; and a description of erosion and sediment control practices and other Best Management Practices (EMP) to prevent and/or control pollutants of storm water runoff by construction activities. H. Construction Drawings and Specifications(100%) We anticipate that the construction drawings will consist of four sheets as follows. 1. Cover Sheet The cover sheet will include project title, vicinity map, location map, signatures, general notes, and an index to sheets. 2. Constructi nl'O e t The construction note sheet will address permits, site preparation (including clearing and grubbing), excavation requirements, and embankment requirements including compaction requirements for berms. 111- KQiEc,F,v- (STEWINQT 3. Site Gradin The site grading plan will consist of one sheet. The site grading plan will show all existing improvements and utilities (all based on survey data, record maps, and field reviews), adjacent street centerline control, topographic data, dimensions and elevations for the bottom of each of the basins, dimensions and elevations for each of the berms, slopes for each of the berms, connecting pipeline between basins, supply pipeline, site access, site fencing, and landscaping. It is our understanding that landscaping will consist of landscaping along Wabash Avenue with drip irrigation and hydroseeding of berms, 4. Detail Sheet The detail sheet will consist of one sheet and will address connection to the existing water system,discharge outlet and splash pad, and section view of percolation basins. The construction specifications will be prepared using the City's standard format. We will prepare bid sheets, special conditions, and provide any required technical specifications. 1. Review Meeting(100%)With City Staff Upon completion of the construction drawings and specifications, we will arrange a meeting with City staff to review and obtain approval and/or comments regarding same. One week prior to said meeting, we will submit copies of the construction drawings, and specifications, and a preliminary construction cost estimate for City review. At this meeting we envision reviewing in detail with City staff all site grading, connection details, appurtenance details, construction sequence, and construction notes. I Final Construction Drawings and Specifications Based on City staff comments from the 100% design review meeting, the final construction drawings and specifications will be completed and a detailed construction cost estimate will be prepared. Once the final construction drawings and specifications and cost estimate are completed, we will schedule a final project design meeting with City staff to present the completed documents. At the final meeting, we will furnish the City with the original (wet signed and stamped)construction drawing mylars, a computer disk copy of same, and a master set of specifications. 111-4 "ATTACHMENT B" TABLE V-1 CITY OF REDLANDS PERCOLATION BASINS FOR GROUNDWATER RECHARGE PROPOSED PROJECT SCHEDULE DAYS 0 10 20 30 40 50 60 70 80 l __L 1 _T 1 WEEK BEGINNING 3l4 3111 3118 3125 4l1 4le 4115 4122 4129 5/6 5113 5120 SERVICE COMPONENTS a i INITIAL MEETING WITH CITY STAFF RECORDS SEARCH i DESIGN SURVEY I I I i BASE CONSTRUCTION DRAWING i i j PRELIMINARY GRADING PLAN CITY STAFF REVIEW (40%) i 1 ; STORMWATER POLLUTION PREVENTION PLAN { j i CONSTRUCTION DRAWINGS 8, SPECIFICATIONS (100%) j CITY STAFF REVIEW (100%) I I I i FINAL CONSTRUCTION DRAWINGS &SPECIFICATIONS � N COOO/4815—PS "ATTACHMENT C" TABLE I CITY OF REDLANDS PERCOLATION BASINS FOR GROUNDWATER RECHARGE ESTIMATED FEES FOR ENGINEERING SERVICES PRINCIPAL PROJECT STAFF COMPUTER SURVEY OUTSIDE IN CHARGE MANAGER ENGINEER OPERATOR CLERICAL PARTY SERVICES TOTAL COMPONENT HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ $ $ ........... INITIAL MEETING WITH CITY STAFF 2 214 2 174 388 RECORDS SEARCH 12 792 792 DESIGN SURVEY 2 174 12 792 12 1,896 2,862 BASE CONSTRUCTION DRAWING 2 174 12 792 16 1,088 1,000 (1) 3,054 PRELIMINARY GRADING PLAN 4 428 8 696 24 1,584 16 1,088 3,796 REVIEW MEETING (40%) WITH CITY STAFF 2 214 2 174 388 STORMWATER POLLUTION PREVENTION PLAN 4 348 16 1,056 8 544 a 312 2,260 CONSTRUCTION DRAWINGS&SPECIFICATIONS (1000 4 428 12 1,044 40 2,640 16 1,088 8 312 500 (2) 6,012 REVIEW MEETING (100%)WITH CITY STAT F 2 214 2 174 388 FINAL CONSTRUCTION DRAWINGS&SPECIFICATIONS 4 428 4 348 8 528 8 544 a 312 2,160 ------------- —-------- ..... SUBTOTAL: 18 1,926 38 3,306 124 8,184 64 4,352 24 936 12 1,896 1,500 $22,100 REIMBURSABLES @ 5%: $1,105 PRINCIPAL IN CHARGE @ $107.00/HR PROJECT MANAGER @ $87.00/FIR STAFF ENGINEER @ $66=/HR ENGINEERING SERVICES TOTAL: $23,205 COMPUTER OPERATOR @ $68.00/HR CLERICAL $39.001HR ENGINEERING SERVICES TOTAL.(ROUNDED): $23,200 @ SURVEY PARTY @ $158.001HR (1) AERO TECH SURVEYS (2) RCB& SONS,INC, COOO/4815-ES "ATTACHMENT D" R vD FEE SCHEDULE 95/96 RATES CLASSIFICATION $/Hr. Forensic Services(4 hr.minimum) Senior Expert Witness Testirnonv 200.00 Investigation 155.00 Associate Expert Witness Testimony 155.00 Investigation 130.00 Engineering Services Consulting Engineer 128.00 Principal Engineer 107.00 Senior Engineer 97.00 Associate Engineer 87.00 Staff Engineer 1 77.00 Staff Engineer 11 66.00 Staff Engineer 111 56.00 Surveying Services Principal Surveyor 107.00 Senior Surveyor 97.00 Associate Surveyor 87.00 Staff Surveyor 1 77.00 Staff Surveyor B 66.00 Staff Surveyor 111 56.00 3 Man Crew with Survey Truck(including mileage)and Standard Equipment or 2 Man Crew with Robotic Equipment 194.00 2 Man Crew with Survey Truck(including mileage)and Standard Equipment or 1 Man Crew with Robotic Equipment 158.00 Geologic Services Principal Geologist 107.00 Senior Geologist 97.00 Associate Geologist 87.00 Staff Geologist 1 77.0O Staff Geologist 11 66-00 Staff Geologist 111 56.00 Environmental Services Senior Specialist 87.000 Associate Specialist 77.00 Staff Specialist 1 66.00 Staff Specialist 11 56.00 Staff Specialist 111 46.00 Page I of 2 Automated Design Services Operatians Supervisor Chief Operator 70.00 Senior Operator 68.00 Staff Operator I 63.00 Staff Operator II 59.00 Staff Operator III 55.00 Construction Services 51.00 Resident Engineer Senior Inspector 75.00 Staff Inspector I 53.00 Staff Inspector II 49.00 Staff Inspector III 45.00 41.00 Support and Technical Services Senior Secretary Staff Secretary I 39.00 Staff Secretary II 37.00 Staff Technician 35.00 Utility Technician 46.00 Utility Clerk 35.00 29.00 Outside Services Special Consultants and Purchased Services Cast+ 15% Reimbursable Expenses Vehicle Mileage(excluding survey trucks) Air Fare,Ground Fare,Parking,and Subsistence 0.35JMil t Copies,Prints,Telephone,Delivery,and Sundry Charges Cost Cost The above rates are subject to change on or about July I each year due to salary and cost increases. 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