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AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR
FC}RI) P HYDRA-PNEG' ATIC ,( -PCIT LEI DATION SYSTEM
This Agreement is made and enured into as of this 7th day of May, 1995, by and between
City of Redlands Municipal Utilities Department,
hereinafter referred to as "CITY"
and NBS/LOWRY, 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 CITY hereby engages the ENGINEER, and the ENGINEER hereby accepts the
engagement to perform engineering services for the Ford Park Hydro-Pneumatic Non-
Potable Irrigation. System, hereinafter referred to as "Project".
1.2 All services under this Agreement shall be done in a professional manner, and the
ENGINEER represents that the firm employs those persons 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 engineers providing the same VAX of services, for the
professional and technical soundness, accuracy and adequacy of all reports, designs,
drawings, specificatiom, and other services an ti '"teriais famished
A ment. under teiu
ARTICLE 2 - SFRVIC'"FC OF THE ENGINEER
2.1 The ENGINEER shall perform the services required for the Project as defined in
Attachment A, Scope of Work.
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Ford Park Hydro-Pneumatic Non-Potable Irrigation System Project
2.2 Additional services may be provided by the ENGINEER when requested and approved
by the CITY and agreed to by the ENGINEER.
I
ARTICLE 3..- RESPONSIBILITIES OF THE CITY
3.1 The CITY shall 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 CITY 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 CITY 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 CITY shall designate in writing a person to act as the CITY'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
CITY's policies and decisions with respect to materials, equipment, elements and systems
pertinent 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 Agreement 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 maiihour 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 Project
is materially changed and agreed to by the Parties.
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Ford Park Hydro-Pneumatic Non-Potable Irrigation System Project
5.2 Payment for additional services requested by the CITY per Article 2.2 shall be in
accordance with a separately negotiated fee or in accordance with the hourly rates shown
in Attachment D: Schedule of Rates.
5.3 ENGINEER agrees that at the point 75 percent of budgeted costs have been expended for
the Project, the ENGINEER will notify the CITY in writing, including a brief report on
job status, percent complete, analysis of budget, and envisioned expenses to complete the
contractual effort. The budget shall not be exceeded except if previously approved by
CITY.
5.4 The ENGINEER shall bill the CITY within ten (10) days following the close of each
month by submitting an invoice indicating the work performed, who performed the work,
under which subtask in the Project budget the work was performed, indirect costs, and
if requested, the detailed cost of all work including back-up documentation. Payments
by CITY to ENGINEER shall be made within 30 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 CITY: Gary Phelps
Municipal Utilities Department
35 Cajon Street
P.O. Box 3005
Redlands CA 92373
TO ENGINEER: Richard A. Bueermann, P.E.
NBS/LOWRY
164 W. Hospitality Lane, #1
P.O. Box 8124
San Bernardino CA 92412-8124
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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Ford Park Hydro-Pneumatic Non-Potable Irrigation System Project
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 ENGINEER 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, 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,
and in the aggregate. The CITY shall be named a primary additional insured on
insurance coverage for public liability and property damage. The ENGINEER shall
provide CITY with a certificate evidencing such insurance coverage.
6.2 ENGINEER agrees to maintain professional liability insurance pursuant to this paragraph
to protect CITY 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 CITY 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 in proportion and to the extent that they arise out of or result 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 CITY and in strict compliance
with the terms, provisions, and conditions of the Agreement.
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Ford Park Hydro-Pneumatic Non-Potable Irrigation System Project
7.3 The key ENGINEER'S personnel proposed for the Project are as follows:
Principal in Charge: Richard A. Bueermann, P.E.
Charge:
Project Manager: R. Barry Bierschbach, P.E.
Technical Advisor: Thomas Bayles, P.E.
ENGINEER agrees that these key people shall be made available and assigned to the
CITY'S Project, and that they shall not be replaced without concurrence from the CITY.
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
CITY and shall be delivered to CITY upon completion of services. Any reuse of such
documents for other projects and any use of incomplete documents shall be at the
CITY'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 CITY or engaged
by the CITY for the account of or on behalf of the CITY.
7.6 Unless earlier terminated, as stipulated below, this agreement shall terminate upon
completion and acceptance by the CITY of all services approved for performance under
Article 2 of this Agreement.
4:1
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.
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Ford Park Hydro-Pneumatic Non-Potable Irrigation System Project
7.8 If this Agreement is terminated by the CITY 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
ENGINEER at the time of termination may be adjusted to the extent of any additional
costs to the CITY 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 CITY 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
available to the CITY, copies of data, design calculations, drawings, specifications,
reports, estimates, summaries, and such other information and materials as may have
been accumulated by the ENGINEER in performing services under 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 CITY 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 Agreement to be effective
shall be in writing and signed by the CITY and ENGINEER.
7.12 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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Ford Park Hydro-Pneumatic Nan-Potable Irrigation System Project
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS NBS/LOWRY
("CITY") ("ENGINEER")
SWEN LARSON RICHARD A. BUEERMANN, P.E.
Mayor Mice President
ATTEST:
Deputy City Clerk, Cagy of Redlands
7
Attachment A
FORD PARK
^^^^^
mm"wIRRIGATION ~~SYSTEM S^ ~~^~^ �r^ ^~`~-~~~~~ ~
SCOPE OFWORK . . -
Based on the contents of the Request for Proposal, dated March 18, 1996, from the City of
Redlands, it is the understanding of NBS/Loxvry that the City wishes to retain the services of a
qualified consulting firm to provide design engineering services for the Ford Park Hydro-pneumatic
Non-potable Irrigation System Project. (timthe intent ofthe City that the selected consultant will:
�
Review and assess the existing water system and capacities.
r
Develop construction p|anm, specifications and estimates, and recommend replacement
equipment.
�
Establish eninstallation plan and construction schedule.
It is further understood that the City wishes to continue to use the existing on-site non-potable well
and irrigation distribution system.
NBS/Lovvry'a pmmpamod scope of work to meet the needs of the project and desires of the City
includes spreliminary design phase and afinal design phase. The anticipated tasks are osfollows:
1 ^0 PRELIMINARY DESIGN
1.1 Project Ascertain and confirm the objectives of the design. |timsuggested
&mhWadmn that the Parka Department also be included in order that the user's
needs are fully considered.
1.2 Data Collecdon, Field Investigation
1.2.1 Collect information on Well No. 11, including water levels, well capa-
city and existing pump characteristics.
1.2.2 Collect data onirrigation distribution system layout and sizing.
1.2.3 Obtain irrigation demand and schedule information.
1.2.4 Collect data on electrical availability and conditions.
1.2.5 Obtain/determine site availability.
1.3 Engineering Design
1.3.1 Assess existing facilities and capacities.
1.3,2 Develop preliminary design drawing showing site layout, including well,
tank location, existing pump building and required piping.
1.3.3 Size units (new pump, tank and piping).
1.3.4 Prepare draft technical specification.
`
,
/
1.3.5 Prepare preliminary construction cost opinion.
1,3.8 Submit preliminary design and hold review meeting with City staff.
1.3.7 Analyze existing distribution system
2'0 FINAL DESIGN
2.1 Final Construction Documents
2.1.1 Finalize drawings, incorporating concept changes and recommenda-
tions from City review meeting.
eoomnmn*nda'donsfrmmnCityroviovvmmeedng.
2.1.2 Finalize specifications incorporating Standard. Specifications for Public
Works Construction, latest edition, or other specification format as
requested by City' if any.
2'1.3 Develop installation plan and schedule, considering irrigation needs and
park usage.
2.1'4 Prepare final opinion of probable construction cost.
3.0 PROJECT REVIEW MEETINGS
3.1 aty Conduct semi-monthly review meetings with City staff and other
Reviews involved parties aumay beappropriate.
TIME SCHEDULE
Task WEEKS FROM NOTICE TO PROCEED
No. Description 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
m�
1.1 Project Initiation
1.2 Data Collection a Field Invest.
1.2.1 Well Data
1 Z Irrigation System
1.2.3 Irrigation Demand
1.2.4 Electrical Availability
1.2.5 Site Availability
1.3 Engineering Design
1.3.1 Assess Existing System 8 Capacity
1.3.2 Site Layout S Piping
1.3.3 Size Units
1.3.4 Draft Technical Specification
1.3.5 Preliminary Cost Opinion
1.3.6 Submit & Hold Review Meeting
1.3.7 Analyze Distribution System --- a
rt
rt
2.1 Finalize Construction Documents
2.1.1 Drawings
rt
2.1.2 Specifications
2.1.3 Installation Plan 8 Schedule
2.1.4 Final Cost Opinion
3.1 Project Review Meetings ■ ■ ■ ■ ■ ■ ■
Optional Service
FEE SCHEDULE
City of Redlands
Ford Park Hydro-Pneumatic System
LABOR
Desinger Survey Word CONSULTANTS SES Task
Task Mgr.(1) Prin.(2) QA/QC(S) (4) Crew Proc.(5) Subtotal Subtotal Subtotal Subtotal Total
No. Description $100 V35 $85 $70 $140 $40 Hours ($) Electrical ($1 Coin t. Roor. $
1.1 PROJECT INITIATION 4.0 4.0 2.0 10.0 1,020 0 1,020
---------------------------- ------------------------ ------ ----------- ------ ------ ---------- ------ -------
1.2 Data Collection/Field Invest.
---------------------- ------------------- ----------------
1.2.1 Well Data 2.0 2.0 200 200
----------------------------------- ----------------------------------- ------ ----------- -----
1.2.2 Irrigation System -- 4. --- ---- ---- -
-
0 8.0 12.0 960 960
--- ------ ------
----- ----- ----- ------280-
------------------------- -- -------------- -- -- -------
1.2.3 Irrigation Demand 2.0 2.0 4.0 280
----------------------- ------------ ------ ----------------------------- ------ ------ ----- ----- ----- -------
1.2.4 Electrical Availability 2.0 2.0 200 8 600 800
---------------------- ----------- ----------------- ------------------ ------ ------ ----- ----- ------ -------
14 1.2.5 Site Availability 4.0 2.0 4.0 10.0 1,230 0 1,230
---------------------- ------------ ----------------------------------- ------ ----------- ----- ----- -------
1.3 Engineering Design - Prelim.
---------------------- ------------ ----------------------------------- ------ ----------- ----- -
4.0 400 400
1.3.1 Assess Existing System&Cap. 4.0
---------------------- ----- ------ ----------------------------------- ------ ----------- - --- ----- -------
1.3.2 Site Layout& Piping 4.0 2.0 24.0 30.0 2,250 -- 2,250
----------------------------___---------------------- ------------ ------ ------ ----- ------ ---- - ----
1.3.3 Size Units 4.0 2.0 6.0 570 22 1,000 1,570
------------------------------------------ ----------------------------- ------ ----------- ----- ----- -------
1.3.4 Draft Technical Specification 10.0 4.0 20.0 34.0 2,140 22 1,000 100 100 3,240
----------------------- _-_-4.0
----- ------------_-20.0
-------94_0
---------- ------ ---1-000
--------- ---100
---- ----- -------
1.3.5 Preliminary Cost Opinion 4.0 4.0 400 3 200 600
----------------------------------------------------------------------- ------ ----------- ------ ----- -------
1.3.6 Submittal & Review Meeting 4.0 2.0 2.0 8.0 750 7 500 100 100 1,350
---------------------------- ------------------ ----- ----------- ------ ----------- ----- ----- -------
1.3,7 Analyze Distribution System See Supplemental Sheet >
-
--------------------- ------------------------------------------------ ------ ----------- ---- ------ ------- rt
2.1 FINAL CONST. DOCUMENTS
-
--------------------------- ----------------------------------------- ---- n
2.1.1 Drawings 32.0 2.0 4.0 80.0 1180 9,410 40 3.000 12,410
---------------------------------------------
-------- -- .01 34
2.1.2 Specifications 10.0 2.0 2.0 r - 2,240 ---3-311---2-,5-0-0 1- L=i-
20.o 4,740
(Continued)
NBS'
----------
JLOWRY
FEE SCHEDULE
City of Redlands
Ford Park Hydro-Pneumatic System
LA60R _
-prol I A'ol DrehpOr 5�wwy Word QONSULTAIYTS{�� pfPFN8E5 _ Talk
Task A�r.r1) Rln.{2)1 ativwp) M! crow Roc.{ subpar se►brnEar ��su6rorr s+,brota! TOW
No. Description 100 f135 1 f70 $140 $40 Hors E� t
2.1.3 Installation Ran&Schadula 4.0. ^--4.0 __ 6.0 -_560 zx 1.0� _-. - -- -- -
-----------------------� _--�----�----- ----- ---- ------------------ ------
2.1.4
--- - ---
2.1.4 Final Cwt Opinion 4.0' 2.0 5.0 460 7 500 _'-- -r-_ _r'_0 ow
----------------------- { ----�-__ +------ ----- --- ---- ---- ----- ------ ----
MONTHLY
3.1 --SE�i11-------REVIEW ttiATCi -_ 6.01 - 6_0 __--_ ----- -.--_ ---6.0 --24_0 --2.200 ----8 ----- ---_ ---- ----- - x650
i I
Toast Labor ►s) 106.0 20.011 14.0 112.0 4.0 60.0 316.0
: •:i`: .:
V...-[..C...
ToAei lwbor ) 10.800 2.700 1,180 7.640 586 2.400 Zb.z>70
Tole1 ConsWftnls 17a 10,850
: .
Toast EWwmde o 20052
TOTAL(i)
Personnel(l) Bierschbach (3) Bayles (5) Blaine
(2) Buewrnann (4) Sarenana
�,LOW RY
i
SUPPLEMENTAL SHEET
FEE SCHEDULE
City of Redlands
Ford Park Hydro-Pneumatic System
-—-- LABOR
Prat:_ ihmfter sty mw word CONSULTANTS EXPENSES Tmk
Task 11/Qr.(1) Part(11 x(3) (4) crew Proc.(5) SubbohW subiwW 5ub0ala! Subtow TOW
No. O►sa tion $100 f 13.5 sw $70 f t 40 $40 Noun M Ebeft wl G
----Ane---- lrIf'a-,lion sytctem--�- 20-0 --�-0 --^'4.0 ___-- ---- ---B.D --s4.o -^?'� 200 --- __ 200 _ 3.190
Tolol Labor"sJ 20.0 z.0 4.0 0.0 0.0 6.0 34.0
Total Labor 2.000 270 3i0 0 0 320 2,930
roe.t Conwi tartly
Toirl Egmmes 200 200
momTOTAL (f) $.7.130
Personnel(1) Blerschbach (3) Bayles (5) Blaine
(2) Buewrnann (4) Swenana
LOWRY _---
Attachment D
� ~
%0--WRY
SCHEDU
�
LE OF '' OU '' L ' , ' ^ ^ ' , , RATES
Effective July [ l9V5
1713311141111111111111111
Engineering/Planning Design and 8rmftinm
Senior Principal $135,00 Senior Designer — $75.00
Principal 120.00 Oosigoo/ 70�00
Phnc|yo| [nyi000r/Hnoom 100,00 Senior Dmha/ 55.80
Senior Engineer/Planner 86.00 Umhur 45�00
EnOi0000/P|onmor 75,00 Engineering Technician *08
/bsislootEoQioonr/90000r 511,00
Construction Management Surveying
Principal [oOinooVYnoshochooMUr 2.8 x Direct Salary Principal Surveyor '$100.00
Senior [oOioeor/loostm(hooWmr 2.8 x Direct Salary Senior Surveyor 86.00
Resident Engineer/Construction Eng 2.8 x Direct So{o/y Supervising Surveyor 75.00
Assistant Construction Engineer 2.0 x Direct Salary Survey Technician 45.00
Inspector 2.8xDirect Salary Survey Crew (3Person) 175.00
Survey Crew (2 Poouo) 14H0
Travel Time 5O%xCrew Rate
Mi|uu0u (Survey Truck) .50/Mi|o
! SERVICES AND EXPENSES --
Systems 6nulyst/S,Financial Analyst $85.00 Computers:
Programmer/Financial Analyst 65.00 PC Connect Time 0.Q�'--
�r
Senior Technician 55,0Storage�O0 Disk Storage (Per Mb) ll3—' M
Technician 45.00 Reports: Minimum)
--'
[mmhv Assistant 45.00 Lines Printed .02/Lino
Secretary 4HU CPU Time SO/Second.
Word �d 3� OU ` —''`~�~/~~~/""=°�" rmoumVms .lO/[opy
Mileage .32/Mile
Subsistence At Cost
Other Expenses Cost+ )5%
Billing rates include overhead and are subject to change each year due to oohm bargaining oUmomaots and cost ufliving increases.