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Home My WebLink AboutContracts & Agreements_21-1991_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR ESTABLISHMENT OF A FIRE SUPPRESSION ASSESSMENT DISTRICT This AGREEMENT is made and entered into this 4 =`74 day of jun ,e- , 1991. by and between City of Redlands, hereinafter referred to as "OWNER. " and NBSJLowry, Engineers and Planners, 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 in connection with the establishment of a City- wide Fire Suppression District in the City of Redlands, hereinafter referred to as "PROJECT. " 1.2 All work under this AGREEMENT shall be done in a professional 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 studies, designs, drawings, specifications, and other work and materials furnished under this AGREEMENT. ARTICLE 2 - SERVICES OF THE ENGINEER 2.1 The ENGINEER will perform the services in connection with the PROJECT as defined in Attachment A, Scope of Work. -1- ARTICLE 3 - RESPONSIBILITIES OF THE 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 relative data. 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. 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 A. 4.2 The ENGINEER shall proceed with the services under this AGREEMENT promptly and will prosecute them diligently. ARTICLE 5 - PAYMENTS TO THE ENGINEER 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 B, Rate Schedule. The manhour estimates and total budgets are shown on Attachment A. 5.2 Payment for additional services requested by the OWNER will be in accordance with a separately negotiated fee or in accordance with the hourly fees shown in Attachment B, Rate Schedule. 5. 3 ENGINEER agrees that at the point 75-percent of budgeted costs have been expended for each scope of the 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. -2- 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 N. B.S. Lowry, Engineers and Planners. . 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 Engineering services Dept. P. O. Box 3005 30 Cajon Street Redlands CA 92373 TO ENGINEER: N. B.S. Lowry, Engineers and Planners P. O. Box 8124 164 Hospitality Lane, Suite 1 San Bernardino CA 92412 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. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6. 1 ENGINEER 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 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. -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 and hold harmless 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. 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 work 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 are as follows: Richard A. Bueermann, Vice President Ed Houston, Senior Project Coordinator 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 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 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. -4- 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 . 6 Unless earlier terminated as stipulated below, this agreement 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, 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 terminations 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 termi- nation, 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 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 of amendment to this AGREEMENT 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 AGREEMENT. CITY OF REDLANDS NBS/LOWRY, ENGINEERS & PLANNERS By Vice President Date Cl I Date 7-7/ ATTEST; Citi Clerk 1 14) -6- E X H I B I T 'A' Proposal for The Establishment of a Fire Suppression Assessment for the CITY OF REDLANDS May 1991 Prepared for: City of Redlands Redlands, California CITY OF REDLANDS FIRE SUPPRESSION ASSESSMENT TASK LIST • Discuss services to be furnished by the Fire Suppression Assessment a. Fire Protection d. Salaries & Benefits b. Training e. Capital Equipment C. Equipment f. Building Facilities • Attend a working meeting to discuss the proposed boundary and area of benefit with City staff. • Review work assignments and data required. • Establish points of contact. Principal Consultant 8 hrs $ 920 Principal Engineer Assoc. 8 hrs, Engineer 760 8 hrs _520 $2,200 DAI-�Gath�erin • Obtain computer listing of property ownership, owner address, parcel number, acreage, improved parcel areas by square foot and assessed value from the , County of San Bernardino. • Review Redlands Specific Plans for land use • Meet with City staff to review Fire Suppression requirements and estimated costs a. Salaries d. Building Facilities b. Benefits e. Training C. Equipment f. Capital Equipment • Review similar Fire Suppression Assessment formations. • Review Government Code §50078: Fire Suppression Assessment requirements. Principal Consultant 5 hrs $ 575 Principal Engineer Associate 20 hrs 950 Engineer 10 hrs 600 Clerical 10 hrs --ao—o $2,425 .Preliminary Report • Prepare a preliminary boundary map • Prepare a preliminary listing of property owners including: - parcel number - requested owner - acreage - improvements - assessed values - improved property square footage - number of parcels - number of owners • Land use review • Net developable acreage by land use • Cost estimate of capital improvements • Cost estimate of personnel salaries and benefits • Recommended method of assessments - existing single family residence - Multiple family residence - commercial - industrial - office - unimproved Principal Consultant 20 hrs $ 2,300 Principal Engineer Assoc. 80 hrs 7,600 Engineer 80 hrs 5,200 Clerical 80 hrs 2,800 Computer 50 hrs 1.500 $19,400 Report Prepare a report in accordance with Government Code §50079.4 * Property-owner listing with proposed assessment * Proposed amount of assessment * Method of assessment * Schedule of assessment * Duration of assessment * Bans of assessment * Maximum amount of assessment for each lot or parcel Principal Consultant 10 hrs $1,150 Principal Engineer Assoc. 40 hrs Engineer 3,800 40 hrs Clerical 2,600 Computer 40 hrs 1,400 20 hrs 600 $9,550 MgMof Notice * Prepare a draft letter of explanation for each property owner for City signature. • Assist in the preparation of a draft letter of endorsement from the Redlands Professional Fire Fighters. * Provide address labels for each parcel owner in the City. * Provide a notice of property assessment for each parcel. * Mailing postage, envelopes and letter of explanation will be provided and paid by the City. Mailing will be at least 2 weeps before date set for public hearing. Principal Consultant 10 hrs $1,150 Principal Engineer Assoc. 10 hrs 950 $2,100 Postino of Notice • Post Notice of Hearing in three public places. • City will advertise hearing in accordance with Governmental Code §606b. Engineer 10 hrs - 650 650 Public Hearing • Assist City in determining percentage of written protest, if any. • Assist in providing responses to comments at the public hearing, if any. Principal Consultant 10 hrs $1,150 Principal Engineer Assoc. 10 hrs Engineer 950 20 hrs 1.300 $3,400 Final Assessment • Provide final assessment roll to the City reflecting any revisions approved bthe City Council for filing with the County Auditor and Tax Collector. y Principal 10 hrs $1,150 Principal Engineer Assoc. 20 hrs Engineer 20 hrs 1,900 Clerical 20 hrs 1,300 Computer 700 10 hrs --3-0-Q $5,350 SUMMARY Preliminary Meeting $ 2,200 Data Gathering 2,425 Preliminary Report 19,400 Report 9,550 Mailing 2,100 Posting 650 Public Nearing 3,400 Final Assessment Roll Travel $ 45,075 Reproduction 200 1.000 $46,275 E X H I B I T IB-11 NBS ENGINEERS & PLANNERS ' LOWRY SCHEDULE OF HOURLY BILLING RATES Effective July 1, 1990 OFFICE ENGINEERINGIPLANNING DESIGN AND DRAFTING Senior Principal . . . . . . . . . . . . . _ _ . . . $135.00 Senior Designer . . . . . . . . . . . . . . . . . . . . $ 65.00 Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115D0 Designer . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00 Principal Engineer/Planner . . . . . . . . . . . . . . . . 95.00 Senior Drafter . . . . . . . . . . . . . . . . . . _ 55.()0 Senior Engineer/Planner . . . . . . . . . . . . . . . . . . . . KOO Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 Engineer/Planner . . . .. . . . : . . . . . . . . . . . 65D0 Engineering Technician . . . . . . . . . . . . . . . . . . . . . 35.00 Assistant Engineer/Planner . . . . . . . . . . . . . . . . . 50,00 FIELD CONSTRUCTION MANAGEMENT SURVEYING Principal Engineer/Construction Mgr 2.8 x Direct Salary Principal Surveyor . . . . . . . . . . . . . . . . . . . . . . . $ 90.00 Senior Engineer/Construction Mgr . . . . . 2.8 x Direct Salary Senior Surveyor . . . . . . . . . . . . . . . . . . . . 80.00 Resident Engineer/Construction Mgr , . . 2.8 x Direct Salary Supervising Surveyor . . . . . . . . . . . . . . . . . . . 70.00 Assistant Construction Engineer . . . . . . 2.8 x Direct Salary Survey Technician . . . . . . . . . . . . . . . . . . . . . . . 45.00 Inspector . . . . . . . . . . . . . . . . . . . . 2.8 x Direct Salary Survey Crew (3 Person) . . . . . . . . . . . . . . . . . . . 160.00 Survey Crew (2 Person) . . . . . . . . . . . . . . . 130.00 Travel Time . . . . . . . . . . . . . . . . . . . . . 50% x Crew Rate Mileage (Survey Truck) . . . . . . . . . . . . . . . . . .45/Mile SERVICES AND EXPENSES Systems Analyst/Sr. Financial Analyst . . . . . . . . . $ 85.00 Computer: Programmer/Financial Analyst . . . . . . . . 65.00 Mainframe Connect Time . . . . . . . . . . . $ 30.00/Hour Senior Technician . . . . . . . . . . . . . 55.00 PC Connect Time . . . . . . . 10.00/Hour Technician . - - . . . . . . . . . . . . 45D0 Disk Storage (Per 100K) . . . . . . . . . . . . . 45.00/Month Executive Secretary/Admin. Assistant . . . . . . . 40,00 Reports: ($25.00 Minimum) Secretary . . . . . . . . . . . . . . . . . 35.00 Lines Printed . . . . . . . . .02/Line Word Processor/Clerk/Office Aide 30,00 CPU Time . . . . . . . . . . . . . . . . .30/Second In-House Reproduction _ . . . . . . . . . . .10/Copy Mileage . , � . . . . . . . . . . . . . . . . . . _ .30/Mile Subsistence . . . . . . . . . . . . . . . . . . At Cost Other Expenses . . . . . . , . Cost + 15% Billing rates include overhead and are subject to increases each war due to onlon botgoininq agreenwrits and cost of living increases. A late payment FINANCE CHARGE will be applied to onio unrooid N)'ance, cornruencingthirtv(30)days after the date of the original invoice, at the maximurn interest rate allotuted by lam 6/90 NIB E X H I B I T B-2 SCHEDULE OF HOURLY BILLING RITES Effective July 1, 1991 Engineering/Planning Design and Drafting Senior Principal 5135.00 Senior Designer Principal, 570.00 115.00 Designer Principal Engineer/Plonner 95.00 Senior Drafter 65.00 Senior Engineer/Plonner55.00 85.00 Drafter Engineer/Plonner 70.00 Engineering Technician 45.00 Assistant Engineer/Plonner55,00 40.00 Construction Management Surveying Principal Engineer/Construction Mgr 2.8 x Direct Salary Principal Surveyor $95.00 Senior Engineer/Construction Mgr 2.8 x Direct Salary Senior Surveyor 85.00 Resident Engineer/Construction Eng 2.8 x Direct Salary Supervising Surveyor 70.00 y Survey Tech Assistant Construction Engineer 2.8 x Direct Salarnic ion 45.00 Inspector 2.8 x Direct Salary Survey Crew(3 Person) 175.00 Survey Crew(2 Person) 140.00 Travel Time 50%x Crew Rote Mileage(Survey Truck) 2/Mlle IM Tj R Tn7j) Systems Analyst/Sr Financial Analyst $85.00 Computers: Programmer/Financiol Analyst 65.00 Mainframe Connect Time e S30.00/Hour Senior Technician 55.00 PC Connect Time 10.00/Hour Technician 45.00 Disk Storage(Per Mb) 515.30/Month Executive Secretory/Admin Assistant 45.00 Reports:(525.00 Minimum) Secretary 40.00 Lines Printed .02/Line Word Processor/Clerk/Office Aide 35.00 CPU Time .50/Second Photocopies .]a/Copy Mileage .32/Mile Subsistence At Cost tither Expenses Cost +15% Billing rates Include overhead and ore subject to sub' increases each year due to union bargaining agreements and cost of living increases. I A late payment FINANCE CHARGE will be applied to any unpaid bolonce,commencing thirty(30)days after the dote of the original invoice,at the maximum interest rate allowed by low, 6/91