HomeMy WebLinkAboutContracts & Agreements_20-2008_CCv0001.pdf Ny r
�w
AGREEMENT TO PERFORM PROFESSIONAL ENGINEERING SERVICE
� FOR PEAK POND LINER REPLACEMENT PROJECT S
AT WASTEWATER TREATMENT PLANT
This agreement for consulting services ("Agreement")is made and entered into this
5th day of February, 2008 ("Effective Date"), by and between the City of
Redlands, a
municipal corporation ("City") and Carollo Engineers ("Consultant") who are sometimes
individually referred to herein as a "Party"and together, as the "Parties."
In consideration of the mutual promises contained herein, City and Consultant agree
as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform professional engineering services for
Peak Pond Liner Replacement Project at Wastewater Treatment Plant (the
Services").
1.2 The Services shall be performed by Consultant in a professional manner, and
Consultant represents that it has the skill and the professional expertise necessary
to provide the Services to City at a level of competency
other practicing professional consultants in the industry y presently maintained by
types of Services. providing like and similar
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in
Attachment "A," entitled "Scope of Services," which is attached hereto and
incorporated herein by this reference.
2.2 Consultant shall comply with all applicable Federal,
State and local laws and
regulations in the performance of this Agreement including, but of limited to, the
Americans with Disabilities Act, the Fair Employment and Housing Act and
prevailing wage laws commencing at Labor Code section 1770 et seq, and non-
discrimination laws including the Americans with Disabilities Act. Pursuant to Labor
Code section 1773.2, copies of the prevailing rates of per diem wages as
determined by the Director of the California Department of Industrial Relations for
each craft, classification, or type of worker associated with the performance of the
Services are on file at the City of Redlands office of the Public Works Department,
Civic Center, 35 Cajon Street, Suite 222 (P.O. Box 3005 mailing), Redlands,
California 92373.
2.3 Consultant acknowledges that if it violates the Labor Code provisions relating to
prevailing wage, that City may enforce those provisions by issuing a notice of the
withholding of contract payments to Consultant pursuant to Labor Code section
1771.6.
2.4 If Consultant executes an agreement with a subcontractor to perform any of the
Services, Consultant shall comply with Labor Code sections 1775 and 1777.7, and
shall provide the subcontractor with copies of the provisions of Labor Code sections
1771, 1775, 1776, 1777.5, 1813 and 1815. Consultant acknowledges that the
statutory provisions imposing penalties for the failure to comply with state wage and
hour laws and to pay prevailing wages may be enforced by City pursuant to Labor
Code sections 1775 and 1813.
2.5 Consultant and its subcontractors shall comply with the provisions of Labor Code
section 1776 regarding payroll records' maintenance, certifications, retention and
inspection.
2.6 Consultant acknowledges that eight (8) hours constitutes a legal days work
pursuant to Labor Code section 1810.
2.7 If applicable, Consultant shall comply with the provisions of Labor Code section
1777.5 relating to apprenticeships, and Labor Code sections 1771, 1775, 1776,
1777.5, 1813 and 1815.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City will make reasonable provision for Consultant to enter upon City-owned
property, as required by Consultant, to perform the Services.
3.3 City designates Wen Huang as City's representative with respect to performance of
the Services, and such person shall have the authority to transmit instructions,
receive information, interpret and define City's policies and decisions with respect to
performance of the Services.
ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in
accordance with the schedule set forth in Attachment "B," entitled " Project
Schedule."
4.2 At any time during the term of this Agreement,9 City may request that Consultant
perform Extra Services. As used herein, "Extra Services"means any work which is
determined necessary by City for the proper completion of the project or work for
which the Services are being performed, but which the Parties did not reasonably
anticipate would be necessary at the time of execution of this Agreement. Provided
the Extra Work does not exceed twenty percent (20%) of the compensation to be
paid by City to Consultant for the Services, such Extra Work may be agreed to by
u
u
INS-
the Parties, by written amendment to this Agreement, executed b
Manager. Consultant shall not perform, nor be compensated for y qty's City
without such written authorization from City. Extra Work
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the
Services shall not
exceed the amount of sixty-six thousand seven hundred eighty-four
($86,784). City shall pay Consultant on a time and materials basis udollars
t
exceed amount, in accordance with Attachment "C" entitled "Project Costs,not to
D , and
reference. h
Both Attachments "C"and "D"are attached hereto and i corporatedte Scheduleerein by thi."
s
based upon the hourly rates shown in Attachment
5.2 Consultant shall submit monthly invoices to City describing t
during the preceding month. Consultant's invoices shall include a brief description
he work performed
of the Services performed, the dates the Services were performed the
number of
hours spent and by whom, and a description of reimbursable ex enses
shall pay Consultant no later than thirty(30)days after receipt and approval
if any. City
Of Consultant's invoice, provided the Services reflected in thepi oval by City
performed to the reasonable satisfaction of City in accordance with the terms were
Agreement, provided that the number of hours of Services set forth in ms of this
the invoice
reflect the amount of time ordinarily expended for such Services by mem
Profession currently practicing in the same locality under similar conditio sns,, the
Provided further that all expenses, rates and other information set fort and
invoice are consistent with the terms and conditions of the Agreement
h m the
5.3 All notices shall be given in writingb .
personal delivery or by mail. Notices sent by
mail should be addressed as follows:
City.
Consultant
ultant
Wen Huang
Municipal Utilities Department George Beliew
City of Redlands Carollo Engineers
35 Cajon Street, Suite 15A 7888 Mission Grove Parkway South
PO Box 3005 (mailing) Suite 100
Redlands, CA 92373 Riverside, CA 92508
When so addressed, such notices shall be deemed given upon de
States Mail. Changes may be made in the names and addresses of the in the United
notices and payments are to be given by giving notice pursuant to thisse person to who
coon 5.3.
�t
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6,1 All insurance required by this Agreement shall
be maintained
duration of its performance of the Services. Consultant s by Consultant for the
hallServices unless and until all required insurance listedbelow n st obtain m any
Consultant. Consultant shall provide City with certificates ed by
an
endorsements evidencing such insurance prior to commencement of the Service d
All insurance policies shall include a provision prohibiting cancellation of the s
except upon thirty (30) days prior written notice to City. policy
6.2 Workers' Compensation and Employer's Liability.
A. Consultant shall secure and maintain Worker's Compensation
and
Employer's Liability insurance throughout the duration of this Agreement
accordance with the laws of the State of California, with an insurance carrier
acceptable to City.
B. Consultant expressly waives all rights to subrogation against Cit its el
officials, officers and employees for losses arisingfrom work y' elected
Consultant for City by expressly waiving Consultant's immunity oerrfnju ie by
Consultant's employees and agrees that the obligation to indemnify, defend es to
hold harmless provided for in this Agreement extends to any claim brought b
fY d and
behalf of any employee of Consultant. This waiver is mutually negotiated boron
Parties. This waiver shall not apply to any damage resulting from the y the
ole
negligence of City, its employees or agents. To the extent any of the damages
referenced herein were caused by or resulted from the concurrent negligence
City, its agents or employees, the obligations provided herein to indemnify,
defend
of
and hold harmless are valid and enforceable only to the extent of the negligence o f
Consultant, its officers, agents and employees, of
6.3 Hold Harmless and Indemnification. Consultant shall defend, indemnify
d
harmless City and its elected officials, employees and agents from and against hold
any
and all claims, losses or liability, including attorneys fees, arising from injury
death to persons or damage to property occasioned by Consultant's anor
officers', employees' and agents' sole negligent acts or omissions in performing its
Services. g the
6.4 Assignment. Consultant is expressly
without the express prior written consent of Ci y.d from assigning
evv event of agreement by
any of the Services
Parties to assign a portion of the Services, Consultant shall add thea sas assignee a the an
additional insured and provide City with the insurance endorsements required
g
this Agreement prior to the performance of any Services by the assi by
Assignment does not include printing or other customary reimbursable ex nee.
that may be provided for in this Agreement. p nses
NEW
7
6.5 Comprehensive General Liability Insurance. Consultant shall secure and
in force throughout the term of this Agreement comprehensive generamaintain
Ali liability
insurance with carriers acceptable to City. Minimum coverage of O ability
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate n for
public liability, property damage and personal injury for
as an additional insured. Such insurance shallbeprimary and non-contributingll be named
any insurance or self-insurance maintained by City,
to
6.6 Professional Liability Insurance. Consultant shall secure and maintainr al
liability insurance throughout the term of this Agreement in the amount of �O
Million Dollars ($1,000,000) per claim made. ne
6.7 Business Auto Liability Insurance. Consultant shall have business aut
coverage, with minimum limits of One Million Dollars ($1,000 000 ° liability
combined single limit for bodily injury liability and property damage liability.
Th s
coverage shall include all Consultant owned vehicles used in connection with
Consultant's provision of the Services, hired and non-owned vehicles and
employee non-ownership vehicles. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City. City shall be
named as an additional insured.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any inves
interest in real property and shall not acquire any interest, direct or indirect,en t or
geographical area covered by this Agreement or any other source of income,
interest in real property or investment which would be affected in any manner
r
degree by the performance of Consultant's Services. Consultant further covenants
and represents that in the performance of its duties hereunder, no person havin
any such interest shall perform any Services under this Agreement. g
7.2 Consultant agrees it is not a designated employee within the meanin
Political Reform Act because Consultant: g of the
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a
rate, rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits licenses,
applications, certifications, approvals, orders or similar authorizations
or entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
�y
(iv) granting City approval to a contract that requires City ac
roval which City is a party, or to the specifications for such a contract;d to
(v) granting City approval to a plan, design, report, study or similar item;
(vi) Adopting, or granting City approval of
guidelines for City or for any subdivision thereof.cies, standards or
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially all
the same duties for City that would otherwise be performed by an individual holding
a position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City officially determines that Consultant must di
sclose
interests by completing and filing a Fair Political Practices CommissiontForm 7001
Statement of Economic Interests, Consultant shall file the subject Form 700 with the
City Clerk's office pursuant to the written instructions provided by the Office of the
City Clerk.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. In the event any action is commenced to enforce or interpret
of the terms or conditions of this Agreement the prevailing Party shall, in addition to
any costs and other relief, be entitled to the recovery of its reasonable attorneys'
fees, including fees for the use of in-house counsel of the Parties.
8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services,
except with the prior written approval of City and in strict compliance with the terms,
and conditions of this Agreement.
8.3 Documents and Records. All documents, records, drawings, designs
t
estimates, electronic data files, databases and other documents developed byConsultant in connection with its performance of the Services, and any copyright
interest in such documents, shall become the property of City and shall e
delivered to City upon completion of the Services, or upon the request of City. An
reuse of such documents, and any use of incomplete documentsshall be at Cit
sole risk. , y s
`
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement
an independent contractor and should perform the Services as an independent
contractor. Neither City nor any of its agents shall have control over the conduct of
Consultant or any of Consultant's employees, except as herein set forth.
Consultant shall supply all tools and instrumentalities required to perform the
Services. All personnel employed by Consultant are for its account only, and in n
event shall Consultant or any personnel retained by it be deemed to have been
r lw
NO
w
employed by City or engaged by City for the account of, or on behalf of Cit .
Consultant shall have no authority, express or implied, to act on behalf Y
ny
capacity whatsoever as an agent, nor shall Consultant have any authority, exp ress
or implied, to bind City to any obligation. p
8.5 Termination.
A. Unless earlier terminated, as provided for below,
terminate upon completion and acceptance of the Services by Citygreement shall
B. This Agreement may be terminated by City, in its sole discretion b
thirty (30) business days prior written notice to Consultant (delivered bypcertiified
mail, return receipt requested) of City's intent to terminate.
C. If this Agreement is terminated by City, an adjustment to Consultant'
compensation shall be made, but (1) no amount shall be allowed for anticipated
Profit or unperformed services, and (2) any payment due Consultant at the time of
termination may be adjusted to the extent of any additional costs to City occasioned
by any default by Consultant.
D. Upon receipt of a termination notice, Consultant shall immediate)
discontinue its provisions of the Services and, within five (5)days of the date of the
termination notice, deliver or otherwise make available to City, copies (in both hard
copy and electronic form, where applicable) of any data, design calculations,
drawings, specifications, reports, estimates, summaries and such other information
and materials as may have been accumulated by Consultant in performing the
Services. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Books and Records. Consultant shall maintain any and all books, ledgers invoices,
accounts and all other records and documents evidencing costs and expenses
related to the Services for a period of three 3
years,
required by law, from the date of final payment toConsultant pursuant period
Agreement. Such books shall be available at all reasonable times for exam nat o'n
by City at the office of Consultant.
8.7 Entire Agreement/Amendment. This Agreement, including the Exhibits incorporated
herein by reference, represents the entire agreement and understanding between
the Parties as to the matters contained herein, and any prior negotiations, written
Proposals or verbal agreements relating to such matters are superseded by this
Agreement. Any amendment to this Agreement shall be in writing, approved b Cit
and signed by City and Consultant. Y Y
8.8 Governing Law. This Agreement shall be governed by and construed in a
with the laws of the State of California. ccordance
8.9 Severability. If one or more of the sentences, clausesara
�µ
contained in this Agreement is declared invalid, void or unenforceable eab ea court of
by r sections
competent jurisdiction, the same shall be deemed severable from the remainder
this Agreement and shall not affect, impair or invalidate an niof
sentences, clauses, paragraphs or sections contained herein, unless to do so woung
ld
deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of the Cit an
Consultant have signed in confirmation of this Agreement. m d
CITY OF REDLANDS CAROLLO ENGINEERS
By:
Jon Harrison, Mayor By:
Attest:
City erk
ATTACHMENT A
City of Redlands
Peak Pond Liner Replacement Project
SCOPE OF SERVICES
INTRODUCTION
The primary objective of the Peak Pond Liner Replacement Project is presented as follows:
Due to the deteriorating condition of the liners of the existing
Water Reclamation Plant, provide an evaluation of materialand design techn calpeak ponds at the 'ty specifications.of
Tasks 1 through 5 provide the Scope of Services for the Peak Pond Liner Replacement Project.
TASK 1 -DEVELOP BACKGROUND INFORMATION 1
Objective: This task establishes the basis for all work in subsequent tasks to address the
Project objectives.
I. The north pond was constructed in 1972 and the south pond was constructed in 19 $ with a
flexible membrane liner. Review existing drawing to determine actual surface area of the
liner and other information needed for design.
2. Perform visual inspection of ponds to confirm condition and identify potential unforeseen
conditions.
TASK 2 - PREPARE DESIGN INFORMATION MEMORANDUM (DIM)
Objective: This task will provide a technical evaluation of the two most viable alternatives.
1. Based upon established design criteria, prepare a Design Information Memorandum and
cost estimate for replacing the liner with a) Hypallon flexible membrane or b) concrete. Draft
DIM will be presented to City staff for review.
2. Meet with City staff in workshop and, using agreed upon evaluation parameterscorn
the two alternatives. , pare
3. Develop a final DIM that presents the cost comparison, evaluation process, and
recommendations.
TASK 3 - DESIGN
Objective: This task will develop the technical plans and specifications for the City to use to
solicit bids to construct the selected alternatives. Design scope based upon flexible membrane
being the selected altemative. A concrete-lined pond may require additional design effort.
1. Using existing background, aerial topo, and grades, develop construction plans and
technical specifications to rehabilitate the two peak ponds. The City will incorporate standard
Front End Specifications into the final Contract Drawings.
H;\ClientlRedlands_SMPEAK POND LINER&CC RESERVOIR\PEAK POND REPLACEMENT PROJECT A B C&D.dcc
1
�`�
y
y
2. Attend one mid-point design workshop to review plant and specifications with
Receive comments from City.
City staff.
3. Deliverables:
a. One set of half-size drawings and technical specifications at approximate) to 5
completion point and to 100% completion point for review. y 0 to 75%
b. Electronic copies of final drawings at half and full size.
C. Electronic copies and one camera-ready set of final technical specifications.
d. Engineer's estimate of construction cost.
TASK 4- BID PHASE SERVICES
1. Attend one prebid meeting attended by potential construction contractors to provide a
Project overview and receive questions.
2. Prepare addenda if required. Estimated based upon one addenda.
TASK 5 - CONSTRUCTION PHASE SERVICES
1. Provide engineering services during construction including:
a. Review of shop drawings submitted by contractor.
b. Provide written response to contractor's Request For Information (RFI).
c. Review and provide technical recommendations to contractor's request for Change
Orders (CO).
2. Provide field services during construction including:
a. Provide periodic onsite observation with construction activity to identify that work is
preceeding per the Contract Documents. Budget for six trips to the site during the
construction period.
b. Provide a final inspection and punchlist to identify incomplete work. Assist City with
closeout of the contract.
H:\C4ent\Red1ands_SBOIPEAK POND LINER&CC RESERVOtR\PEAK POND REPLACEMENT PROJECT A B C&D.dac
2
MEMO
ATTACHMENT B
City of Redlands
Peak Pond Liner Replacement Project
PROJECT SCHEDULE
Engineer shall commence work immediately following approval
authorization from the City. Engineer has reviewed the project with City and agrees that he
following schedule presents a reasonable time frame in which to complete the work.
TASKS 1 - 3
Task Item Days Following
Notice to Proceed
1 Receive Notice to Proceed
2 Submit Draft Technical Memorandum February 25, 2 8
3 Receive Comments from Ci g)Meetin March 10, 2008
4 Submit Final Technical Memorandum March 19, 2008
March 26, 2008
5 Present 75% Submittal to City
May
6 Deliver final Plans & Specifications M 28, 2008
May 21, 2008
Engineer and City mutually agree that they will work earnestly toward meeting the above
tentative schedule. Should the Scope of Services change or should problems arise during the
work period, which could affect the above schedule, it is understood that both Engineer and City
will develop a revised schedule to address such scope changes and problems. The costing
herein assumes that all work will be completed by July 1, 2008.
HAClient Redlands_SBO\PEAK POND LINER&CC RESERVOIR\PEAK POND REPLACEMENT PROJECT A B C&D.doc
3
r
ATTACHMENT C
City of Redlands
Peak Pond Liner Replacement Project
PROJECT FEE
Description
Amvunt
TASKS 1&2 PRELIMINARY DESIGN (tasks 1 & 2)
Engineering Labor and Other Direct Cost=
$ 11,536
TASK 3 DESIGN DOCUMENTS
Engineering Labor and Other Direct Cost=
30,360
TASKS 4 & 5 CONSTRUCTION PHASE
Engineering Support Labor and Other Direct Cost=
24,888
TOTAL $ 66 784
(1) Laboratory costs not included
K\Client\Redlands_SBOIPEAK POND LINER&CC RESERVOIR\PEAK POND REPLACEMENT PROJECT A B C&D.doc
4
IM
�w
ry ATTACHMENT D
City of Redlands
Peak Pond Liner Replacement Project
FEE SCHEDULE
Engineers/Scientists Hourlyte
Assistant Professional
$122.00
Professional
Project Professional 157.00
187.00
Lead Project Professional
202.00
Senior Professional
222.00
Senior Process Specialist
300.00
Technicians
Technicians
Senior Technicians 95.00
Construction Services 135.00
Inspector
Senior Inspector 116.00
Senior Construction Manager 126.00
Support Staff 191.00
Document Processing/Clerical
85.00
Project Equipment Communication Expense
(PECE) Per DL Hour 9.00
Other Direct Expenses
Travel and Subsistence
at cost
Mileage
485/mile
Subconsultant
Other Direct Cost cost+ 10%
cost + 1 Q%
Expert Witness
Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
H:\CIient\Redlands_SBO\PEAK POND LINER&CC RESERVOIR\PEAK POND REPLACEMENT PROJECT A B C&D.doc
5