HomeMy WebLinkAboutContracts & Agreements_25-1989_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
ROSSMONT DRIVE TRAFFIC STUDY
This AGREEMENT is made and entered into this 23rd day of May,
1989,
by and between City of Redlands Engineering
Services Department, herein-
after referred to as "OWNER. "
and ASL Consulting Engineers
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:
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 Rossmont Drive Traffic
Study, hereinafter referred to as "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 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.
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.
3 . 5 The OWNER will provide standard mylar sheets, as
necessary.
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.
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 C, Rate Schedule. The
manhour estimates and total budgets are shown on
Attachment D, Fee Proposal.
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 C, 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.
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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 ASL Consulting Engineers.
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: ASL Consulting Engineers
10350 Commerce Center Drive
Suite 180
Rancho Cucamonga CA 91730
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 as 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 indemnify and
hold harmless OWNER from negligent acts, errors or
omissions of a professional nature. The total aggregate
of ENGINEER'S professional liability insurance coverage
shall not exceed $50, 000 or ENGINEER'S total fee for the
services rendered on this PROJECT, whichever is lesser.
6. 3 ENGINEER agrees to indemnify, hold harmless and pay for
cost of defense for OWNER and their officers, agents and
employees from and against 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
negligent acts, errors, omissions, or failure to act on
the part of the ENGINEER and/or his employees, 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:
William Bayne, P.E. , Project Manager
Garold Adams, P.E. , Associate
Douglas Smith, P.E. , Project Engineer
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.
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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 commit-
ments 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.
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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
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 ASL CONSULTING ENGINEERS
By Z.-
Mayor PrinciP'C'yJ_In-Charqe
ATTES-f
Date J,, u
—)City Clerk
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ATTACHMENT "A"
SCOPE OF WORK
ASL Consulting Engineers
SECTION 11 - SCOPE OF WORK
We have developed a multi -task work program to accomplish the objectives of
the Rossmont Drive-Traffic Study Project. The work program will assure that
the City's objectives of having the proposed study completed at the earliest
possible date will be accomplished.
PHASE I ALTERNATE ROUTES ANALYSIS
Task I Data Assembly
The initial data collection and preliminary studies required for Phase I will
be developed concurrently. A description of the work elements included in
Task 1 are outlined below.
A. Data Collection - ASL will collect and review all existing material
pertinent to the study with the help of City staff. All existing
traffic studies, general and specific plans and zoning maps will be
reviewed to determine future development and assist in projecting future
traffic.
B. Field Traffic Counts - Traffic volume data will be collected at ten to
twelve locations for 24 hour periods. The location of the counts will
be determined after review of all available traffic studies and existing
environmental impact review documents.
Task 2 - Initial Meeting
ASL will meet with City staff to discuss study methodology and scope of the
project. This meeting will be important in determining potential alternatives
to be analyzed and to establish the proposed project schedule.
Task 3 - Existing Conditions Analysis
ASL staff members will field review the existing transportation network within
the study area. This data will provide background for recommending
alternatives to be studied. Analysis will be performed to determine existing
levels of service at roadways and intersections and to determine relative
impacts of future growth. The analysis of affected streets will include
Rossmont Drive, W. Sunset Drive, Sunset Drive, Kincaid Street, Ridge Street,
Palo Alto Drive/Country Club Drive, Puesta del Sol , and others is necessary.
The purpose is to determine feasible alternatives and eliminate potential
routes not suited to increased use in a quantitative manner.
Task 4 - Trip Generation and Distribution
All proposed development will be analyzed to determine projected traffic
volumes in the study area. The projected volumes will be added to existing
volumes for the various alternatives to perform operational analysis. Trip
distribution of projected volumes will be assigned to the transportation
networks for the various alternatives.
ASL Consulting Engineers
The City will be asked to review and approve the trip distributions prior to
completion of analysis. Traffic will be generated using data from the
Institute of Transportation Engineering and will be consistent with previous
traffic studies presented to the City.
Task 5 - Impact Analysis
The projected traffic will be added to the existing traffic data and analyzed
for area build- out conditions. Traffic analysis will be performed based on
existing and anticipated conditions for each study alternate.
Task 6 - Access Analysis
Proposed developments will be analyzed for access to the local street system
within the study area. Access points will be recommended to reduce the amount
of potential traffic using Rossmont Drive and adjoining routes.
Task 7 - Alternative Selection
Alternatives to Rossmont Drive will be selected for further study in Phase 11
of this project. The selected alternatives will be based on the operational
analysis, right of way research, feasibility and constructibility. Potential
new roadways or alignments will be considered for selection as an alternative.
Task 8 - Recommendations
Recommendations will be made to improve operations on existing streets and
intersections in the study area. Improvements will also be recommended to
mitigate future traffic conditions and encourage traffic patterns which appear
to be in the best interest of the project area. Improvements may include
signing and striping, geometric improvements and improved access to the local
highway system.
Task 9 - Report
A conceptual study report will be prepared. The report will include all
pertinent information and data and the recommendations for further analysis to
be performed as part of the Phase II.
Task 10 - Public Involvement
A. An initial meeting will be held to provide property owners an
opportunity to provide input to the study.
B A second informal project status meeting will be held to provide
property owners and interested parties with the opportunity to review
the study findings. The meeting would be held when the proposed study
and analysis is well defined.
ASL Consulting Engineers
PHASE 11 - PRELIMINARY ENGINEERING
Task I - Data Assembly
Much of the initial data collection and preliminary studies required for the
preliminary engineering will be developed concurrently. The data will be used
for roadway design, and hydrology/hydraulic analysis.
A. Data Collection - Collect and review available data, plans and
information pertaining to the selected routes. Information sources will
include existing maps, the as-built improvement plans, survey records,
and soils reports.
B. Project Coordination - Convene a meeting with City- staff to review
the project and to finalize the project Schedule.
A field site review will be made to identify specific problems. The field
review would include appropriate City Staff and the Consultant.
C. Field Surveys - will establish control and be performed to verify
mapping information. Surveys will be tied to existing control to assure
full compatibility of the preliminary designs.
1. A record search will be performed to assemble existing survey and
monumentation data from City of Redlands records and files.
2. Site benchmarks and ground control points will be established.
3. Centerline controls and stationary will be established with ties
to all affected cross streets.
4. Cross-sections, topography and elevations will be provided, as
necessary, to verify existing drainage and utility references.
D. Utility Coordination - Utility research will be conducted. Coordination
will be maintained with each utility owner to determine the requirements
for utilities in the project area and to identify conflicts.
TASK 2 - DESIGN CRITERIA REPORT
A Design Criteria Report will be prepared and submitted for review and
comment. The report will include a summary of the initial studies and
findings, preliminary alignment plans, proposed street typical sections,
pavement structural sections, and other features. The "Design Criteria
Report" will be submitted to the City for review and comment. Revisions will
be made, as necessary, until design Criteria Report is acceptable.
0 A geometric alignment plan will be prepared. The geometric plan will
show alignments, cross-sections and other geometric characteristics of
the proposed street improvements for each proposed alternative on the
major geometric concepts.
ASL Consulting Engineers
0 Area hydrology will be 'reviewed to established drainage flows tributary
to various points along the roadways. The drainage analysis will
provide a base for recommending necessary drainage facilities to
intercept and conduct drainage flows to an adequate outlet.
TASK 3 - PRELIMINARY DESIGN
The data and survey information assembled during the preparation of the Design
Criteria Report will be utilized to compile the necessary base data required
for the preliminary design of the selected street improvements and the other
components of the proposed project.
A. Preliminary drawings will be prepared showing plan view and details of
the proposed improvements for the total project. Typical sections will
be prepared showing pavement widths, structural sections, sidewalks and
slopes. Utility locations will be plotted and conflicts will be noted
as well as requirements for relocation, adjustments and modifications.
These plans and design documents will be submitted to the City for
concurrence.
B. A traffic control study will be conducted to determine requirements for
detours, prior notice signing, barricades, and delineators.
C. Traffic signing and striping and stage construction plans will be
prepared showing how traffic will be handled during construction in
order to minimize impacts on existing traffic. When the concept is
agreed upon, final drawings can proceed with assurance that the design
work is being done in accordance with an approved concept.
D. A listing and copy of standard plans required for the project will be
identified.
E. Draft specifications for the project improvements, including the
contract proposal , will be prepared. The specification document will be
submitted concurrently with the plans.
F. An estimate of quantities and a cost estimate will be prepared based on
plan quantities and estimated unit prices.
G. The plans, specifications and Cost Estimate, will be submitted to the
City. Revisions will be made, within the approved concept, until final
approval is obtained from the City.
H. On-going coordination will be maintained with utility owners affected by
the project, throughout the preliminary design phase.
TASK 4 - PROPERTY AND EASEMENT ACQUISITION
A. Property Ownerships will be shown on the plans based on information
available from the City and County of San Bernardino records .
Properties affected by the proposed construction will be identified.
ASL Consulting Engineers
B Descriptions and property sketches, for slope, drainage areas, and for
easements, if required for the project, will be identified for execution
by the City.
TASK 5 - COORDINATION AND PERMITS
A. City Staff Meetings. Regular meetings will be held to review project
status,task completion, concerns and upcoming deadlines. We suggest
regular meetings on a biweekly basis.
B. Utility Notifications. Utilities will be kept fully informed of the
project and potential conflicts and impacts on there facilities. Two
utility notices will serve to advice them of the project, identify
conflicts, and to handle coordination requirements.
C. Environmental Negative Declaration. The purpose of --the environmental
review will be to identify potential environmental liabilities and to
recommend measures for mitigating adverse impacts.
TASK 6 - PUBLIC INVOLVEMENT
A. Design Development Meeting. A meeting will be held for all property
owners and interested parties to provide input to the project prior to
the preparation of the preliminary plans. The meeting will be focused
on specifics related to the design and traffic circulation issues.
B. PROJECT STATUS MEETING. An informal meeting will be held with property
owners and interested parties to review the preliminary plans.
PHASE III - SCHEDULE AND FINANCING
TASK 1 - STAGED CAPITAL IMPROVEMENT PROGRAM
A staged capital improvement program will be developed based on priorities
and for a limited period of time. The recommended schedule of improvements
will provide guidelines to implement the Arterial street system and serve as a
basis for budgeting the future improvements.
A. Establish the future growth pattern within the study's area.
B. Establish construction staging periods and selected capital improvements
for each stage, including the improvements needed to resolve problems
with the existing street system.
C. Review the capitol improvement program with City staff, and recommend a
staged capital improvement program. The capitol improvement program
will list the cost, schedule, and order of priority for each required
improvement.
ASL Consulting Engineers
TASK 2 - ALTERNATIVE FINANCING METHODS
Following completion of the Staged capital Improvement Program, financing
methods will be investigated. Some methods of financing that will be
considered will include -- Pay-as-you-go financing, State and Federal
assistance programs, Short-term negotiable notes, and General .0bligation
Bonds.
TASK 3 - SCHEDULE AND FINANCE REPORT
A study report will be prepared. The report will summarize the final
recommendations for scheduling, street improvements and methods of financing.
Maps of the proposed street street system will be included to show the results
of the analyses and the location of each proposed system improvement. A
schedule list of improvements will also be included. The list will identify
each proposed improvement plan, year of improvement, estimated cost, and
recommended method of financing.
The Scope of Services listed above is based on the following assumptions:
1. The preparation and processing of environmental assessments and
documentation will be handled by the City.
2. The City will provide reproducible copies of all available
mapping, reports, studies, aerial photos, plans and other
documents in its files which may assist in the preparation of the
various reports and plans.
ATTACHMENT "B"
SCHEDULE
ASL Consulting Engineers--------'----
SECTION IV - PROJECT SCHEDULE
DESCRIPTION
ASL Consulting Engineers is very sensitive to the requirements of clients to
receive quality project designs on time and within budget. ASL and our team
partner are committed to completing the Rossmont Drive Traffic Study Project
on schedule. The schedule we have suggested is adequate and will allow ample
opportunity for the important tasks of staff review, public comment and
evaluation, coordination and approval by the City. On the following page, we
have identified the major phases, tasks and time frames required to complete
the Project.
ASL utilizes a computer generated critical path based scheduling method for
all large, or time critical , projects. Our scheduling system will produce
either a printed Gantt Chart (bar chart) , or a Plotted precedent type critical
path network, if preferred. A copy of the project schedule can be furnished
to City staff for purpose of project coordination.
It is difficult to accurately estimate the time required for the City to
review and process items for approval . Our projection is based on our recent
experience on similar projects* We will make every effort to improve upon the
time frames indicated for each task of the work.
ATTACHMENT "C"
RATE SCHEDULE
I
1
ASL. Consulting Enaineers---- ----__ ®-_ __�__ --- --
2989
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Senior Principal . . . . . . . . . . . . . $125. 00
Principal in Charge of Project . . . . . . . . , , . $100. 00
Managing Engineer/Project Manager . . . . . . . . $ 90. 00
Project Engineer/Project Coordinator. . . . . . . . . $ 80. 00
Traffic Engineer. . . . . . . . . . . . . . . . . $ 75. 00
Transportation Engineer . . . . . . . . . . . . . . . $ 75. 00
Survey Coordinator . . . . . . . . . . . . . . . . •. $ 65. 00
Senior Registered Engineer. . . . . . . . . . . . . $ 72 . 00
Registered Engineer . . . . . . . . . . . . . . . . . $ 66. 00
Engineer Level II . . . . . . . . . . . . . . . . . $ 60. 00
Engineer Level I. . . . . . . . . . . . . . . . . . $ 55. 00
Senior Designer . . . . . . . . . . . . . . . . . . . $ 64 . 00
Designer . . . . . . . . . . . . . $ 52 . 00
Designer/Draftsperson . . . . . . . . . . . . . $ 50, 00
Construction Inspector . . . , , . . , . , , . $ 48. 00
Draftsperson . . . . . . . . . . . . . . . . . $ 48 . 00
CAD Operator . . . . . $ 65. 00
Junior Engineer/Designer/Draftsperson . . . . . $ 36, 00
Wordprocessor . . . . . . . . . . . . . . . . . $ 35. 00
Technician . . . . . . . . . . . . . $ 25. 00
Two-Man Survey Party . . . . . . . . . . $125. 00
Survey Travel Time . . . . . . . , , . , $ 60. 00
Survey vehicle Allowance (per day) . . . . . . . . . $ 30. 00
Three-Man Survey Party Rates Quoted on Request
Reproduction, special photography, printing and any other
services performed by subcontractor, subject to prior approval by
the Client, will be billed at cost plus 15%.
Reimbursable In-house Costs:
Photo Copies . . . . . . . . . . . . . . . . . . $0.20/Each
Bi -eprints . . . +
$0. 30/sq. ft.
Postage, DeliveryService, Express Mail . . . . . At Cost
Out of Area Telephone Calls . . . . . . . . . , At Cost
Computer Time . . . . . . . . . . . . . . . . . . $20. 00/hour
Vehicle mileage, between engineer's office and project site
and/or Client offices, will be billed at $0. 30 per mile.
Court Appearance, Expert Witness Testimony,
Depositions, and Preparation of Testimony . . . . $150.00*
*Minimum $600. 00 for half day plus expenses
NOTE: All rates are effective through January 1, 1990 ,
except survey rates which are effective to August 1,
1989,
i
These rates are based on the attached Exhibit B - Standard
Conditions of Service. Special insurance requirements carry a
fee surcharge. 1/89
VO/LL/Ml ib:41 UY 14 944 9766 ASL RC CITY HALL-RDLNDS 008
ILMI T 9
STAND RD CON T N F R Trr
In the absence of any formal agreement between Client and ASL Consulting Eng ineersn&!.), the following
standard conditions shall govern the professional services provided by AS The standard conditions apply
to all letter proposal-agreements and any contracts incorporating same.
F
Professional services performed by ASL under this agreement will be conducted in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions. No other warranty, expressed or implied is made.
All field condition data obtained during the investigation phase and/or design Thase are subject to
confirmation of conditions encountered before or duri construction. Underground uti ities, connections to
utilities, Potential underground obstructions shall exposed to verify their horizontal as well as
vertical Position before proceeding with construction to allow for adjustments.
ikk&=
ASL represents and warrants that it and its agents, staff and consultants ", lofed by it are protected by
insurance policies with
worker's comeensation insurance and that AS( his cover& a under public liability and propIrty damage
an a re ate limit of
required by the Client includ n 8 per occurrence. Costs of specia insuran
of but not limited to, an increase in polio
insured parties On Policies of L will be charged at cost plus 10%. rl limits and naming additioncal
insurance will be provided to Client upon written request. Cart if cates for all such policies of
Within the limits and conditions of such insurance. ASL agrees to
and against mloss. damage, or indemnify and save Client harmless from
ASL snail not liability arising from anr, negligent acts by ASL, its alents, and staff,
responsible for any loss damage or liability arising from any acts by Cl ent,
staff, and other consultants employed by i't. a its agents,
LV=
ASL will submit invoices to Client as stated in the proposal or periodically and a final invoic
01 upon
a
completion of our services. Payment is due upon presentation of invoice and is past due thirty (3 ay
from invoice date. Client a rees to pay a account
ance charge of one and one-half percent (1-1/2%) per month, or
the maximum rate allowed by faw. an past due account.
inIn the event that a dispute should arise relating to the collection of fees, and should these actions result
curred it Js agreed that the prevai lin?a party shall be entit ad court all reasonable costs
incu in t;e defense or enforcement of the c 11
other claim-related expenses, im including staff time, court costs, attorney fees, and
LIMITATION OF LIABILITY
The Client agrees to limit ASL's liabili to the Client, owner and all construction contractors and
subcontractors on the pro ect arising from A L's negligent professional acts errors or omissions such that
t
he total aggregate M,
t liability of ASL to all those named SN 11 not exceed $56,000 or ASL' tot I ee for t
services rendered on this project, whichever is lesser. The Client further a rees to reqs a t he
and his subcontractors to execute an identical require the contractor
negligent Professional acts, errors or omissions. limitation of ASL's liability for damages suffered by the
PROFESSIggAL LIABILITY
If the Owner/Client requires evidence of professional liability insurance, ASL will charge for such coverage
according to the following schedule for each project:
250,000 4% of the fee
Soo 000 6% of the fee
750:000 8% of the fee
1,000-000 10% of the fee
Straight line interpolation is to be used for coverage in between the above figures. Certificates
of insurance for professional liability coverage will issue( at $120-00 Per certificate.
MEESHIP OF
All reports, design, drawings, field data and notes
documents A?reparQ by ASL, laboratory test data, calculations estimates and other
as instruments of servIce. shall remain thepropertyof AW Upon request in
writing, IL will provide reproducible of drawings for client use on the designated project.
Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for,
will be returned upon demand and will not be used by the Client for any purposes whatsoever.
PROJECI SIGNS
ASLClient agrees to include ASL Consulting Engineers as the Civil Engineer an any promotional signs placed on
eroject site. If the Client does not Place any Promotional signs on the site,
ASL onsulttng Engineers to place thei Client agrees to allow
all applicable local sign ordinances. r own sign on the site. ASL Consulting Erlineers agrees to conform to
ATTACHMENT "D"
FEE PROPOSAL
ASL Consulting Engineers
SECTION V - PROJECT FEE
0 DISCUSSION AND ESTIMATE OF FEES
ASL Consulting Engineers proposes to furnish the services described in Phase I
- Alternate Routes Analysis, tasks 1 - through task 10, for the preparation of
the Rossmont Drive Traffic Study Project with the not-to-exceed fee amount
listed below. We have also provided a preliminary estimate for Phase II -
Preliminary Engineering, and for PhasN III - Schedule and Financing. We
consider the proposed fees for Phase ' and Phase III to be tentative and
negotiable based on the conclusions or the Phase I analysis. The detailed
breakdown and distribution of man-hours and costs, by task, is available for
review.
Our normal method of compensation is to submit monthly invoices for services
provided during the preceding month. There is a monthly accounting of total
expenditures to-date, the amount due- for services rendered subsequent to the
last previous billing, the amount remaining on each phase, and the amount
remaining on the total contract. The client, in this way, is kept aware of
the project costs on a regular basis.
If the City of Redlands desires a change in the proposed Scope of Work
offered, or in the estimated project cost, we would be happy to negotiate such
a change.
0 SUMMARY FEE SCHEDULE
Phase I - Alternates Routes Analysis
Task I - Data Assembly $ 700.00
Task 2 - Initial Meetings 800.00
Task 3 - Existing Conditions Analysis 3, 100.00
Task 4 - Trip Gen/Dist. 4,500.00
2,
Task 5 - Impact Analysis 500.00
Task 6 - Access Analysis 3, 100.00
Task 7 - Alternative Selection 1,400.00
Task 8 - Recommendations 900.00
Task 9 - Report 1 ,600.00
Task 10 - Public Involvement 1 ,500.00
Phase I TOTAL: $ 20, 100.00
Phase 11 - Preliminary Engineering: $ 30,400.00
Phase III - Schedule and Financing: $ 10,400.00