HomeMy WebLinkAboutContracts & Agreements_53-1989_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR
1350 ZONE RESERVOIR SITE PLAN
This AGREEMENT is made and entered into as of this 19th day
of September , 1989 ,
by and between City of Redlands Municipal
Utilities Department herein
after referred to as "OWNER"
and Louis Waldo Flores ,
Civil Engineer
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:
ARTL�LE_J_-
1 .1 The OWNER hereby engages the ENGINEER and the ENGINEER
hereby accepts the engagement to perform Engineering
services in connection with preparation of a site plan
for the proposed 1350 Zone Reservoir and assistance with
acquisition of a Conditional Use Permit, hereinafter
called the Project .
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 high quality services under this AGREEMENT.
1 .3 The ENGINEER shall be responsible, to the level of
competency presently maintained by other practicing
professional engineers performing the same type of work
for the professional and technical soundness , accuracy
and adequacy of all designs , drawings , specifications ,
and other work and materials furnished under this
AGREEMENT.
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ARZI -ERYL!��ES-OF-THE-ERGUJKKR-
C�L& ---5
2 .1 The ENGINEER will perform the services in connection
with the Project as defined in Attachment A, Scope of
Work .
2 .2 The following additional services may be provided by the
ENGINEER when requested and approved by the OWNER:
1 . Miscellaneous Construction surveys
2 . Additional copies of drawings and reports
3 . Miscellaneous services not specified elsewhere in
the AGREEMENT.
ARTIST,E_3
__lag OWNER
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 perform his work under
this AGREEMENT .
3 .3 The OWNER will provide all environmental assessments or
impact reports required for this project .
3 .4 The OWNER will designate in writing a person to act as
the OWNER' s representative with respect to the work 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 pertinent to the work covered by
this AGREEMENT .
ART I CLE_J--
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 them diligently.
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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 at the point 75-percent of budgeted
costs have been expended for each scope project, the
ENGINEER will notify the OWNER 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 work performed, who performed the work ,
and the detailed cost of all work including backup
material, if requested .
Payments by OWNER to ENGINEER shall be made within 30
days after receipt and approval of ENGINEER'S invoice,
by warrant payable to Louis Waldo Flores .
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 OWNER: CITY OF REDLANDS
Municipal Utilities Department
P. 0. Box 3005
2 E. Citrus Avenue
Redlands CA 92373
TO CONSULTANT: Louis Waldo Flores
826 Brookside Avenue, Suite C
P . 0. Box 2011
Redlands , CA 92373
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 ENGINEER shall maintain , whenever required by law,
worker's compensation insurance and , in addition, shall
maintain insurance to protect OT0ER 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 occurrence. The OWNER 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 . The requirements of this Article
apply to all sub-consultants performing work under this
contract.
6 .2 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 services
described in this AGREEMENT .
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 work
covered by this AGREEMEt7` , except with the prior written
approval of the OWNER and in strict compliance with the
terms, provisions , and conditions of the CONTRACT.
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7 .3 The key ENGINEER' S personnel proposed for this project
are as follows:
Louis Waldo Flores
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 OWNER and shall be
delivered 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 OWNER' 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 OWNER
for the account of or on behalf of the OVER.
7 .6 Unless earlier terminated as stipulated below, this
agreemenC shall terminate upon completion and acceptance
by the OWNER of all work 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
compensation shall be made, but (1) no amount shall be
allowed for anticipated profit or unperformed services ,
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and (2) any payment due to the ENGINEER 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 01114ER 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 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-
ME14T to be effective shall be in writing and signed by
the OWNER and ENGINEER.
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 --------------------------
By_- --------------- By__
Mayor Louis Waldo Flores
Date_-ae i� 9 9
ATTEST p1girrILIEL
er,
4::�Iit�M . -6-
ATTACHMENT A
LOUIS WALDO FLORES
Civil Engineer
(714) 798-3858
Z
May 25 , 1989
lit. ri
Mr . Richard W . Corneille , Utilities Director M
City of Redlands
P . O . Box 280
Redlands , CA 92373
Subject : Proposal for Professional Services
1350 Zone Reservoir Site Plan
Dear Mr . Corneille ,
INTRODUCTION
At your request , we are submitting this proposal to provide
professional services to prepare comprehensive topographic and
related mapping to said in producing a site plan for approximately
19 acres of property located in the City of Redlands . This
proposal is based upon your request for proposal dated May 227
1.959 and upon conversations with your staff . We have visited
the site for the purpose of preparing this proposal and to review
the present site conditions .
SCOPE OF WORK : We propose the following scope of work .
a ) Review existing mapping , title and environmental information .
Research utility information and existing boundary data .
Compile utility information for presentation on base man .
b ) Perform boundary survey . Perform control surveys for aerial
topographic mapping of approximately 32 acres involving the
site and adjacent public streets . Perform field surveys to
locate and tie existing public utilities to new horizontal
ccntrol .
V Contract to obtain aerial topographic manuscript plotted at a
scale of ! "=40 ' for all property involved in this proposal
and for public right of way fronting said property (32 Ac . ) .
0 Prepare a base map at a scale of ! ' =10 ' refleccing all surface
and subsurface u! ilivies . sErucnures , zopcgrap hic features
and boand ary QaEa . P a rejucoi3n of base map au a
Scale of i ' 1-56 ' .
828 EBrookside Avenue, SLAte C AD P.J. EBox 2011 Redlands, CA 92373
1080 Proposal 938
May 20 ,
City of Redlands Page Two
e ) Prepare a preliminary site plan reflecting the ultimate site
development of two 3 . 5 million gallon reservoirs with related
support facilities on approximately 6 acres of the subject
parcel . Site plan is to show preliminary grading design of
developed site and access roadway . Site plan shall show the
spatial relationship of developed portion to the undeveloped
portion of the site . Site plan is to be acceptable for use as
CUP site plan submittal to the Planning Department .
f ) Assist Municipal Utilities Division in securing a Conditional
Use Permit from the City of Redlands for this project .
PROJECT APPROACH
We propose to coordinate our efforts to prepare a concise ,
comprehensive topographic base map at 1 ' =40 ' . Said map is
to include the adjacent fronting public streets . Such a map
can be utilized for design purposes now or in the future .
Possible uses include offsite utility installations adjacent
to the site , onsite future site and grading design , and for
a portion of the offsite street and storm drain improvements .
The use of aerial topographic mapping combined with field
surveys compiling all surface & subsurface utilities will
provide mapping that can be reduced or enlarged to suit a
variety of design needs . This is desired since the site in
question will have a variety of different site uses . it is
assumed that site development of the total land area will
occur over time . The preparation and filing of a Record of
Survey will establish record data for monumentation set by a
boundary survey .
Preliminary grading and site design can be accomplished at
the reduced scale of 1 "=50 ' . At this scale , the entire land
area along with adjacent fronting streets can be shown on one
standard City plan sheet . Thus this mapping can be used in
the final design of all of the onsite and offsite facilities .
The design of street improvements will require additional
fieldwork . Thus the Municipal Utilities Division can reduce
the overall cost of the design of future improvements by
utilizing the concise mapping and information we can produce
at this time .
FROjECT SCHEDULE
The schedule as proposed by the Municipal Utilities Division
for preparation of the topographic mapping and site plan is
acceptable . We can produce the mapping necessary for revie,,,�
by your staff in nhe time alotZed . Final approval of Record
` ay '19'9 ProDosal 938
T
City of Redlands Page hree
of Survey or for a Parcel Map will not fit into the schedule
proposed . The preparation of these maps can be accomplished
in the time proposed , but plan checking by county surveyor or
the city engineer will require a minimum of 60 days . The use
of boundary information generated by field survey can still
be utilized in the preparation of site plans and topographic
mapping in aci vance of approval of boundary record mapping .
SUBCONTRACT ARRANGEMENTS
All research and engineering design will be performed by this
firm . Most all surveying and map drafting will be performed
by this firm . It is possible subcontract arrangements for
some fieldwork and map draftinc, may be necessary to meet the
project deadline . Aerial topographic mapping will be a
subcontract arrangement . We Will provide survey control .
This firm at: times utilizes the skill of a professional land
surveyor to assist with fieldwork . All map drafting , both in
house and subcontract , is performed in our office . Fees paid
to subcontractors in normally on an hourly basis .
Personnel and organizational conflicts of interest prohibited
by law do not exist with the contract personnel currently
workingCivil
with this firm . Louis
Waldo Flores , ! Engineer
does not have any organizational or personnel conflicts of
interest prohibited by law for perf'ormance of work on this
project .
ESTIMATED PROFESSIONAL FEE
Our fees are based upon time and materials , in accordance
with the accompanying fee schedule . Breakdown each phase
of Work is shown below .
Boundary survey prepare and file-
Recor(4 olf Survev
i1i e r i a 1 t o p o g-_ a p'll i c it D P 1 n nrO or,
Field survevs : _>e al Cont- ro' & Cal
Field, locate and tie utilities
are' repare base maps . Preepa-- site plan .
Pr.__- _. Par ad, in g and road deu gn
T T
rocessing . s i
S CUP p
Proposal ,
May 198Q Page Four
Cit:v of Redlands
Our 'Lees are based upon p c-
e-formJnprofessional work that is
acceptable to ourselves , our client , and the various governing
agencies . We retain the services of reputable and responsible
personnel experienced in the type of work to be performed .
Accordingly , we will not incur expenditures above $ 10 , 900 - 00
without prior approval from the client .
Fees for professional services beyond the scope of work as
described in this proposal , such as construction staking ,
design work not presently identified , construction estimates ,
or meetings with the client ' s designated agents on unrelated
work , will be accrued on a time and materials basis . It Will
be considered extra work and be billed separately . - The
accOmpanvinR fee shedule shall apply unless arrangements
otherwise are made .
The opportunity of submitting this proposal is . sincerely
appreciated . If this proposal meets your requirements , or
if other information is needed , please contact the
undersigned .
0
Sincerely ,
T CIVIL E
LOUIS WALDO FLORES , ENGINEER
Louis Waldo Flores , P . E .
t
i
ATTACHMENT B
-----------------------------------------
PROJECT CP�L�UL
I' T CQI��FUTLI PS P
1 . City Issues Notice-to-Proceed September 20 , 1989
2 . Submit Preliminary Site Plan and
Topographic Map October 23 , 1989
. Submit Final Site Plan and
Topographic Map for Review November 17 , 1989
ATTACHMENT C
Civil Engineer
(71 4) 798-8858
June 1989
CITY OF REDLANDS -- Proposal 938
1350 Zone Reservoir Site Plan
FEE SCHEDULE FOR (SOURLY RATE OK
Civil Engineer $ 80.00 / nr
Craftsmen.& Technicians 45.00 / hr
Computer Time/Survey Calcs 80.00 ! hr
2 man survey crew 120.00 % hr
j man survey crew 140,00 I hr
Travel ( survey crew) 60.00 hr
Administrative/Clerical 23.00 / hr
Blueprints (24 x 3b) 1.25 % she?t (atter first six pian sets
have e been issued)
Blueprints (Mise. size) 0.20 1 sq. ft. ($1.00/sheet minimum)
826 Brookside Ave:iu€, Suite C P.O. Box 2011 Redl:an<Js, CA 92373
ATTACHMENT D
LOUIS WALDO FLORES
Civil Engineer
7#4) 798-3858
Proposal 93€3
CITY OF REDLANDS -- Zone 1350 Reservoir Site Flan
ESTIMATED PROFESSIONAL FEE _._ MAN HOUR COST BREAKD01§N
1.. Boundary Survey, prepare & file Record of Servet
Research Boundary Information 3.0 hr @ $80 $ 240.00
- Survey Precalculations 3.O hr @ $80 240.00
Boundary Survey ( 2 man crew) 6.0 hr @ $120 720.00
Drafting of Record of Survey 7.0 hr @ $45 315.00
Submit to County Surveyor 3 trips @$150 450.00
County Surveyor Filing Fee $100/ea 100.00
Materials / Clerical / Misc. 3.Ohr@ $23 14VOO
OO
plus materials
1. Subtotal $ 21210..00
2. Aerial Topographic Mapping
Subcontract to Aerial Firm 30 ac. @ $50/ac $ 1 ,500. 00
Coordinate with aerial firm
& provide information/handling. q Lump Sum 500.O0
2. Subtotal $ 21000.00
3. Field Surveys: Aerial Control and Calculations
Field locate & tie utilities
Field Survey - Aerial Control 6.O hr 0 $120 $ 720.00
Reduce Motes - calculations 6.0 hr @ $80 480.O0
Set Iles t&Ta gets & monvments, 2.0 hr @ $120 24C.010
Research City plans & utilities 4.O hr @ $80 .320.00
Field Locate Utilities Q man) 4.0 hr @ $120.00 480.00
Reduce Notes utilities locat_i ons 3,O hr C $ASO 240.00
Materials (Paint, stakes, eta.. Cstimated - 90.00
3. Subtotal2,5C3.p( IJ
continued on next page.
826 Brookside Avenue, Suite C 0 P.O. Box 2011 Redlands, CA 92373
LOUIS WALDO FLORES
Civil Engineer
(714) 798-3858
Proposal 938 -- City of Redlands
Man hour cost breakdown,continued -
4. Prepare Base Maps
Engineer develop site plan / Design 13.0 P $80 $ 1,040.00
Meetings with MUD 4.0 C $80 320.00
Plan Drafting 20.0'@ $45 900.00
Clerical 6.0 @ $23 138.00
Materials / miscellaneous 82.00
4. Subtotal 29480.0
5. Assist MUD with CUP Processing
Engineer - Public meetings: Design Review
ERC, Planning Commission. Council
Consultation with MUD etc.
Eng.neer 15 hrs @ $80 $1,200.00
Drafting - Estimated 6 hrs C $45 270.00
Clerical 6 hrs @ $23 138.00
Miscellaneous 32.00
5. Subtotal $1,640.00
TOTAL ESTIMATED FEE $101900.00
826 Brookside Avenue, Suite C 0 P.O. Box 2011 Redlands, CA 92373