HomeMy WebLinkAboutContracts & Agreements_55-1989_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR
DWIGHT STREET SEWER
This AGREEMENT is made and entered into as of this 3rd day of
October , 1989 ,
by and between City of Redlands Municipal
Utilities Department herein
after referred to as "OWNER"
and Krieger & Stewart , Inc . ,
hereinafter referred to as
"ENGINEER"
In consideration of the mutual promises , covenants and con-
ditions hereinafter set forth, the parties do hereby agree as
follows:
1 .1 The OWNER hereby engages the ENGINEER and the ENGINEER
hereby accepts the engagement to perform Engineering
services in connection with design of approximately 2100
feet of 8-inch sanitary sewer main in Dwight Street ,
extending from an existing manhole on a dry sewer at
Sunset and Fairmont to a live sewer on Dwight Street .
1 .2 All work under this AGREEMENT shall be done in a pro-
fessional manner , and ENGINEER represents that he is
skilled in the professional expertise necessary to
Provide services under this AGREEMENT .
1 .3 The ENGINEER shall be resDonsible, to the level of
competency presently maintained by other practicing
professional engineers providing the same type of
service for the professional and technical soundness ,
accuracy and adequacy of all designs , drawings ,
specifications , and other documents and materials
furnished under this AGREEMEN-1T.
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ART
2 .1 The ENGINEER will perform the services in connection
with the Project as defined in Attachment A, Scope of
Work .
2 .2 The followina additional services may be provided by the
ENGINEER when requested and approved by the OWNER:
1 . Construction survey
2 . Additional copies of plans and specifications
3 . Bidding Services
4 . Construction services
5 . Construction Inspection services
6 . Miscellaneous services not specified elsewhere in
the AGREEMENT .
&RT __TJ1
3 .1 The OWNER will place at the disposal of the ENGINEER all
available information pertinent to the Project ,
including previous reports and any other data relative
to the Project .
3 .2 The OWNER will provide access to and make all provisions
for the ENGINEER to enter upon public and private lands
as required for the ENGINEER to provide services under
this AGREEMENT.
3 .3 The OWNER will provide all environmental assessments oJ-
impact reports required for this project .
3 .4 The OWNER will designate in writing a person to act as
the OW ER's representative with respect to the services
to be provided 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 pertinent to the services covered
by this AGREEMENT .
4 .1 The ENGINEER shall proceed with the engineering services
set forth in Article 2 in accordance with the schedule
defined in Attachment B.
4 .2 The ENGINEER shall proceed with the services under this
AGREEMENT promptly and will prosecute thew, diligently.
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P __1i2_1HK_KNGJL1KKR
5 .1 For the services performed under Article 2 , OWNER will
pay the ENGINEER on a time and materials basis at the
hourly rates shown in Attachment C, Rate Schedule. The
manhour estimates and total budgets are shown on Attach
ment D, Fee Proposal .
5 .2 Payment for additional services requested by the OWNER
per Article 2 .2 will be in accordance with a separately
negotiated fee or in accordance with the hourly fees
shown in Attachment C, Rate Schedule.
5 .3 ENGINEER agrees that when 75-percent of budgeted costs
have been expended for each scope project , the ENGINEER
will notify the OT,41ER in writing , including a brief
report on job status , percent complete , analysis of
budget , and envisioned expenses to complete the
contractual effort . Budgets shall not be exceeded except
if previously approved by OWNER.
5 .4 The ENGINEER shall bill the OWNER within ten days fol-
lowing the close of each month by submitting an invoice
indicating the service performed, the individuals who
provided the services , and the detailed cost of all
services including backup material, if requested.
Payments by OVER to ENGINEER shall be made within 30
days after receipt and approval of ENGINEER' S
hereinabove invoice, by warrant payable to KRIEGER &
STET ART
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 should be
addressed as follows:
TO OW14ER: CITY OF REDLANDS
Municipal Utilities Department
P. C. Box 3005
2 East Citrus Avenue, Ste. 203
Redlands CA 92373
TO ENGINEER: KRIEGER & STET AR INC.
3602 University Avenue
Riverside CA 92501
Attention: Mark Messersmith
When so addressed, such notices shall be deemed given
upon 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.
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6 .1 ENGI14EER shall maintain worker ' s compensation insurance
and, in addition shall maintain insurance to protect
OWNER from claims for damage due to bodily injury,
personal injury, or death and claims for injury to or
destruction of tangible property while performing the
services covered by this AGREEMENT. Said public
liability and property damage insurance shall be in a
minimum combined single limit of $1 ,000 ,000 per occur-
rence. The OTNIIER shall be named a primary additional
insured on insurance coverage for public liability and
property damage. The ENGINEER shall provide OWNER with
a certificate evidencing such insurance coverage.
6 .2 ENGINEER agrees to maintain professional liability
insurance pursuant to this paragraph to protect OW14ER
from negligent acts , errors or omissions of a profes-
sional nature; the total aggregate of ENGINEER'S pro-
fessional 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 officers , agents 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 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 design
services described in this AGREEMENT .
ARTIC E-i
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 CONTRACT.
7 .3 The key ENGINEER' S personnel proposed for this project
project are as follows:
Mark E . Messersmith, P.E . - Project Manager
Michael P . Thornton , P .E . - ?project Engineer
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ENGINEER agrees that these key people will be made
available and assigned to the OWNER'S project, and that
they will 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 spe-
cifications , cost estimates , and other project documents
developed by the ENGINEER pursuant to this AGREEMENT
shall become the property of OWER and shall be deliver
ed to OWNER if and when requested upon completion of
services . Any reuse of such documents for other
projects and any use of incomplete documents will be at
the OWINER's sole risk .
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 OWNIER
for the account of or on behalf of the OWNER.
7 .6 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 AGREEME1,10-P is terminated by the OWNTER for reasons
of default by the ENGINEER, an adjustment to ENGINEER'S
compensation shall be made, but (1) no amount shall be
allowed for anticipated profit or unperformed services ,
and (2) any payment due to the tNGINEER at the time of
termination may be adjusted to the extent of any addi-
tional 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 reimbursement 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 .
-5-
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 other
wise make available to the OWNER, copies of data, design
calculations , drawings , specifications , reports , esti-
mates , summaries , and such other information and mater-
ials as may have been accumulated by the ENGINEER in
performing this AGREEMENT .
7 .10 ENGINEER shall maintain books and accounts of all
project related payroll costs and all expenses and
incidental expense . Books shall be available at all
reasonable times for examination by the OWNER at the
office of the ENGINEER.
7 .11 This AGREEMENT, including attachments incorporated
herein by reference, represents the entire AGREEMENT and
understanding 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 supplement or amendment to this AGREE-
MENT to be effective shall be in writing and signed by
7 .12 This AGREEMENT is to be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, duly authorized representatives of
the parties have signed in confirmation of this AGREE-
MENT.
CITY OF REDLANDS KRIEGER & STEWART, INC .
X/1
By Z10 /L
--------------- By
Mayor President/
ATTEST
-L-11i---- Attest
ity Cle 05(7 Secretary
ATTACHMENT "A"
SECTION III
DETAILED SCOPE OF WORK
We propose to organize the work into the following components:
1. Initial Meeting with City Staff
This meeting will be used to discuss the proposed facilities prior to
initiating project design. We will obtain all City furnished materials at
this meeting.
2. Record Search
The record search will consist of obtaining copies of all records of survey,
tract maps, parcel maps, monument ties, bench mark data, and utility
information. Utility information will include Atlas sheets from Southern
California Gas Company, Southern California Edison Company, General Telephone,
City of Redlands, cable TV, irrigation companies, and any other affected
utilities.
3. Design Survey (Horizontal and Vertical Control)
Design Survey will consist of locating and measuring distances and elevations
of existing survey monuments to provide centerline control. Thereafter, we
will provide a topographic survey of the construction area to define existing
improvements.
If coordinated monuments are available near the alignment, 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 to ensure reasonable horizontal closure. The vertical
control will be tied to existing benchmarks to ensure vertical closure.
Once the centerline control is established, all existing surface improvements
within the existing right-of way (sidewalk, curb and gutter, driveways, sewer
manholes, power poles, gate valves, fire hydrants, water meters, gas valves
and vaults, Edison vaults, and telephone vaults) will be located by our survey
crew. In addition, elevations of both developed and undeveloped parcels will
be determined to insure the proposed sewer is designed deep enough to provide
service to said parcels.
4. Base Construction Drawings Preparation
Once the design survey is completed, the data will be plotted on standard City
plan and profile sheets. The drawings will be prepared at a horizontal scale
of 1 inch = 40 feet and a vertical scale of 1 inch — 4 feet.
Required signature blocks, utility data, property lines, public and private
rights-of-way, street centerlines, and survey data will be added to complete
the base construction drawings. Once the base construction drawings are
completed, Project Manager and Project Engineer will field review construction
area to insure all existing conditions (utilities and improvements) are
correctly represented.
At this time, 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 areas of expertise pertinent to project details.
5. Alignment Selection
After completion of the base construction drawings, the preliminary alignment
will be selected. Said alignment will be selected to maintain proper
separation from existing and proposed waterlines, separation from existing
utilities or improvements to allow construction with minimum disruption of
same, provide adequate construction space and, it possible, provide space for
local traffic. Existing right-of-way will be determined at this time;
however, it appears the sewer can be constructed within existing right-of-way.
6. Preliminary Design Submittal and Alignment Review Meeting (50%) with City
Staff
Upon completion of the preliminary alignment selection, we will arrange a
preliminary design review meeting with City staff for review and approval of
same. At this meeting, we will present our preliminary design submittal which
will include technical design criteria, easement requirements, utility
interferences (including those to be potholed) , alignment selection criteria,
and proposed alignment, typical cross-sections showing proposed sewer location
and other existing utilities, proposed type, size, and class of pipe
(including bedding requirements) , special appurtenances, special construction
conditions, special permits required, and a preliminary construction cost
estimate.
7. Soils Investigation
As discussed in Section II, the soils investigation will be performed by John
R. Byerly, Incorporated. Approximately 3 test borings to an approximate depth
of 3' to 4' below proposed sewer flow line are proposed. One of the test
borings will be at the location of maximum sewer depth (20 feet to 30 feet) .
Said investigation will be used to determine excavation characteristics of the
soil, safe trench side slopes, lateral load requirements for trench shoring,
pipe bedding requirements, existing soil for use as backfill, presence of
groundwater, and appropriate backfill compaction procedures.
S. Utility Verification (Potholing)
After the alignment has been reviewed and approved by City staff, critical
utility interferences should be potholed for verification of utility data.
For our proposal, we have assumed said potholes will be provided by City
forces and our survey crew will field locate same with reference to the
horizontal and vertical control.
9. Preliminaly Construction Drawing and Specification Preparation
Based on the approved alignment and potholed utilities, the preliminary
construction drawings and specifications will be prepared. We envision the
project to consist of a title sheet, a construction note sheet, 3 plan and
profile sheets, and 1 traffic control plan sheet.
The construction note sheet will address pipe materials, construction
tolerances, utilities, backfill and compaction requirements, traffic control,
and street restoration requirements and notifications of residents prior to
construction.
During profile design, hydraulic calculations will be performed to determine
required pipe diameter for peak flows and to insure minimum velocities are
obtained. The profile section of the drawings will show existing ground
surface over the centerline of the sewer, flow line, top of sewer, flow line
elevation at all manholes, flow line slope, utilities (with elevations of
utilities potholed) , maximum width of trench and required bedding factor for
each reach of the sewer.
The plan portion of the drawings will show centerline control, location of
proposed sewer, manholes, sewer laterals, existing improvements, existing
utilities and details for connections to existing manholes.
The traffic control plan will show required traffic signs, number and spacing
of delineators, detours, and construction sequences.
The preliminary draft of the specifications will include the bid schedule and
special requirements. For our proposal, we have assumed the specifications
will be similar to the specifications prepared for the Citrus Avenue and
Roosevelt Road Trunk Sewer project. The bid schedule will include quantity
cost take-off and an engineer's cost estimate. Special Requirements will
address working hours and days, completion schedule, permits, insurance
requirements, construction water, traffic control, payment requests, and
sequence of work for connections. Technical specifications will be provided
for concrete, paving, and sewer.
10. Preliminary Construction Drawing and Specification Review Meeting (90%) With
City Staff
Upon completion of the preliminary construction drawings and specifications,
we will arrange a meeting with City staff to review and obtain approval and/or
comments regarding same.
11. Construction kr_awings and Specification Completion
Based on City staff comments from the 90% design meeting, the final drawings,
specifications, and cost estimate will be completed.
Once the construction drawings and specifications are approved by the City
staff, we will furnish 25 sets of same for bidding purposes.
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KQiEcEQ INCORPORATED - ENGINEERING CONSULTANTS
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'WAQT 3602 University Av•Riverside,CA 92501 Tel 714-684-6900*Fax 714-369-5026
ATTACHMENT"C"
FEESCHEDULE
89/90
RATES
CLASSIFICATION $/HOUR
Engineering Services
Consulting Engineer 90.00
Principal Engineer 81.00
Senior Engineer 75.00
Staff Engineer 68.00
Associate Engineer 60.00
Assistant Engineer 53.00
Junior Engineer 46.00
Senior Designer 55.00
Staff Designer 50.00
Junior Designer 44.00
Senior Drafter 48.00
Staff Drafter 42.00
Junior Drafter 38 00
Senior Construction Inspector 40.00
Staff Construction Inspector 36.00
Junior Construction Inspector =00
Utility Technician 26.00
Surveying Services
Principal Surveyor 75.00
Senior Surveyor 68.00
Staff Surveyor 61.00
Associate Surveyor 53.00
Survey Technician 42.00
3 Man Crew and Equipment 152.00
2 Man Crew and Equipment 122.00
1 Man Crew and Equipment 69.00
Support Services
Senior Secretary 30.00
Staff Secretary 28.00
Junior Secretary 24.00
Utility Clerk 20.00
Outside Services
Special Consultants and Purchased Services Cost + 15%
Reimbursable Expenses
Mileage
Automobile and Truck (2WD) 0-35/Mile
Truck (4WD) 0.55/Mile
Subsistence,where applicable (Field Services) Cost
Copies,prints,telephone,delivery charges Cost
The above rates are subject to change on or about July 1 each year due to salary and cost increases.
A FINANCE CHARGE of one and one half percent (1-1/2%) per month (18% per year) will he added to
any unpaid amount commencing thirty (30) days from date of invoice. A mechanic's lien may be filed for
any invoice remaining unpaid after thirty (30) days from date of invoice,
CITY OF REDLANDS
DWIGHT STREET SEWER
ESTIMATED COST FOR ENGINEERING SERVICES
ASSOCIATE
MEM MPT ENGINEER DRAFTER CLERICAL SURVEY CREW BYERLY
SERVICE COMPONENT HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ $ TOTAL
INITIAL MEETING W/CITY STAFF 1 81 81
RECORD SEARCH 2 136 8 480 616
DESIGN SURVEY 4 272 8 480 12 1,464 2,216
BASE CONSTRUCTION DRAWING 8 648 16 1,088 12 720 32 1,344 3,800
ALIGNMENT SELECTION 2 162 4 272 434
PRELIMINARY DESIGN SUBMITTAL AND 2 162 2 136 298 x
ALIGNMENT REVIEW MEETING (50%) H
H
SOILS INVESTIGATION 2 136 3,200 3,336
UTILITY VERIFICATION* 4 488 488
PRELIMINARY DRAWINGS AND 12 972 12 816 20 1,200 36 1,512 16 480 4,980
SPECIFICATIONS
MEETING W/CITY STAFF (90%) 2 162 2 136 298
COMPLETE DRAWINGS AND 12 972 12 816 20 1,200 32 1,344 16 480 4,812
SPECIFICATIONS
SUBTOTAL 39 3,159 56 3,808 68 4,080 100 4,200 32 960 16 1,952 3,200 21,359
REIMBURSABLE EXPENSES (5%): 1,068
MEM = MARK E. MESSERSMITH @ $81.00/hr.
MPT = MICHAEL P. THORNTON @ $68.00/hr. TOTAL: 22,427
ASSOCIATE ENGINEER @ $60.00/hr.
DRAFTER $ $42.00/hr. ENGINEERING SERVICES TOTAL (ROUNDED): 22,400
CLERICAL oO $30.00/hr.
2-MAN SURVEY CREW a@ $122.00/hr.
* ASSUMED TO BE PROVIDED BY CITY FORCES.
MEM/KDC
PROPOSAL/48P1OCE
9/5/89