HomeMy WebLinkAboutContracts & Agreements_41-2010_CCv0001.pdf WEEN
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AGREEMENT TO PERFORM PROFESSIONAL ENGINEERING SERVICE
FOR THE DESIGN OF THE CITY OF REDLANDSS
ORANGE STREET AND REDLANDS BOULEVARD RESURFACING, SIDEWALK
AND LANDSCAPING IMPROVEMENT PROJECT
This agreement for the provision of design engineering and field testing services for the Orange
Street and Redlands Boulevard Resurfacing, Sidewalk and Landscaping Improvement Project
("Agreement') is made and entered into this 23rd day of.March, 2010 ('Effective Date'), b and
between the City of Redlands, a municipal corporation "Ci ," y
("Consultant'D. City and Consultant are sometimes individually ref rred o herein as angineering° party, Inc.
rty" and
together, as the "Parties." In consideration of the mutual promises contained herein, and,Ci
Consultant agree as follows: City
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform professional en 'neerin de
for the Orange Street and Redlands Boulevard Resurfacing, Sidewalk signnand testi�n services
ing
Improvement Project, specifically at the intersections of Grange Street with Stuart Avenue,
Shoppers Lane, Redlands Boulevard, and State Street (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 presently maintained by other prac
in the industryticing professional consultants
providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are moreparticularly described in Exhibit '"A
entitled "Scope of Services,"which is attached hereto and incorporated herein by reference.
2.2 '
Consultant shalt comply with applicable federal, state and local laws and regulations in the
performance of this Agreement including, but not limited to, the Americans with Disabilities
Act, the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CI'T'Y
3.1 City, shall make available to Consultant information in its possession that ma assist
Consultant in performing the Services. y
3.2 City designates Brian D. Wolfe as the 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 PERFORMANCE OF ERVI `ES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
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with the schedule set forth in Exhibit "B," entitled "Project Schedule."
4.2 During the term of this Agreement, City may request that Consultant perform Extra
Services. As used herein, "Extra Services" means any work that 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 Services do not exceed twenty
percent (20%) of the compensation to be paid by City to Consultant for the Services, such
Extra Services may be agreed to by the Parties by written amendment to this Agreement,
executed by the City Manager, or duly authorized city official. Consultant shall not perform,
nor be compensated for, Extra Services without such written authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Eight Thousand Ninety Two Dollars ($8,092). City shall pay Consultant on a time
and materials basis up to the not to exceed amount, in accordance with Exhibit "C" entitled
"Project Costs," and based upon the hourly rates shown in Exhibit "D," entitled "Rate
Schedule." Both Exhibits "C" and "D" are attached hereto and incorporated herein by this
reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the
preceding month. Consultant's invoices shall'include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the project. City shall pay Consultant no
later than thirty (30) days after receipt and approval by City of Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should
be addressed as follows:
Q-ty Consultant
Brian D. Wolfe Clarence Jiang, G.E.
Municipal Utilities and Engineering Dept. Salem Engineering Group, Inc.
City of Redlands 11650 Mission Park Dr., Suite 108
35 Cajon Street, Suite 15A Rancho Cucamonga, CA 91730
PO Box 3005 (mailing)
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are to
be given by giving notice pursuant to this section 5.3.
ARTICLE 6-- INSURANCE AND INDEIN—INIFICATION
6.1 Insurance. Insurance required by this Agreement shall be maintained by Consultant for the
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duration of its performance of the Senices. Consultant shall not perform any Services unless
and until required insurance listed below is obtained by Consultant. Consultant shall provide
City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30) days'prior written notice
to City, except for ten (10) days notice for cancellation due to non-payment of premium.
6.2 Workers'Compensation and Employer's I iability. Consultant shall secure and maintain
Workers' Compensation and Employer's Liability insurance throughout the duration of its
performance of the Services in accordance with the laws of the State of California,with an
insurance carrier acceptable to City as described in Exhibit "E," entitled "Workers'
Compensation Insurance Certification,"which is attached hereto and incorporated herein by
this reference.
6.3 Hold Harmless-and Indemnification. Consultant shall defend, indemnify and hold harmless
City and its elected officials, employees and agents from and against any and all claims,
losses or liability, including attorneys' fees, arising from injury or death to persons or damage
to property occasioned by and negligent act, omission or failure to act by Consultant, its
officers, employees and agents in performing the Services.
6.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the term of this Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and the
insurance policy shall include a provision prohibiting modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City. Certificates of insurance shall be delivered to City prior to
commencement of the Services.
6.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the term of this Agreement in the amount of One Million Dollars
($1,000,000) per claim made. Certificates of insurance shall be delivered to City prior to
commencement of the services.
6.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This 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. City shall be named
as an additional insured and a certificate of insurance and endorsement shall be delivered to
City prior to commencement of the services. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City,
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ARTICLE— 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any
real property that is the subject of this Agreement, of any other source of income, interest in
real property or investment that would be affected in any manner or degree by the
performance of Consultant's Services. Consultant further covenants and represents that in
the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform
Act because Consultant:
.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;
(iv) granting City approval to a contract that requires City approval and to which City is a
party, or to the specifications for such a contract;
(y) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of, policies, standards or guidelines for City, or
for any subdivision thereof.
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 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 disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, 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 - C7ENERAL-CONSIDEMTIONS
8.1 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the
terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and
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other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
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. Project related documents, records, drawings, designs,cost
estimates, electronic data files, databases and any other documents developed by Consultant
in connection with its performance of the Services, and any copyright interest in such
documents, shall become the prop" of City and shall be delivered to City upon
completion of the Services, or upon the request of City. Any reuse of such documents, and
any use of incomplete documents, shall be at City's sole risk.
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and shall perform the Services as an independent contractor.
Neither City nor of its agents shall have control over the conduct of Consultant or
Consultant's employees, except as herein set forth. Consultant shall supply necessary tools
and instrumentalities required to perform the Services. Assigned personnel employed by
Consultant are for its account only, and in no event shall Consultant or personnel retained
by it be deemed to have been employed by City or engaged by City for the account of, or on
behalf of City. Consultant shall have no authoritv express or implied,authority, plied, to act on behalf of
City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express
or implied, to bind City to any obligation.
8.5 Termination.
A. Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
B. This Agreement may be terminated by City,in its sole discretion, by providing thirty (30)
days'prior written notice to Consultant (delivered by certified mail, return receipt requested)
of City's intent to terminate.
C. If this Agreement is terminated by City, an adjustment to Consultant's 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 immediately discontinue its
provision 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 project related 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.
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8.6 Books and Records. Consultant shall maintain books, ledgers, invoices, accounts and other
records and documents evidencing costs and expenses related to the Services for a period of
three (3) years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times for
examination 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. Except as otherwise
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provided for herein, an amendment to this Agreement shall be in writing, approved by City
and signed by City and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
8.9 S erability. If one or more of the sentences, clauses,paragraphs or sections contained in
this Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement and
shall not affect,impair or invalidate the remaining sentences, clauses, paragraphs or sections
contained herein, unless to do so would deprive a Party of a material benefit of its bargain
under this Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement,
CITY OF REDLANDS SALEM ENGINEERING GROUP, INC.
Tina Kundig, Finance Director sr- W
CIaren(fe'Jiang, G.E.
Attest-
City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
The purpose of this investigation is to evaluate the subsurface conditions and to provide geotechnical
engineering recommendations for the pavement design. The scope of our investigation includes a
program of field exploration, soil sampling, laboratory testing, engineering analysis, preparation of a
pavement design report (Task 1) and compaction testing and inspection services (Task 2).
If the field observation and testing services are required for more than 4'/z days,the additional fee will
be $520 per day and the additional maximum dry density test will be $160 per test. Services to be
provided in conjunction with the Construction Testing and Inspection may include field observation
and testing, and soil, concrete, grout, and mortar sampling, and laboratory testing. (Task 3). We
understand that the required tests and inspections during grading operations include engineer fill
observations and compaction testing,pavement area sub-grade and aggregate base compaction tests,and
trench backfill compaction tests.Special inspection/testing include concrete reinforcing steel inspection,
concrete sampling and testing,and possible reinforced masonry inspection,mortar and grout sampling,
and field welding inspection.
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EXHIBIT "B"
PROJECT SCHEDULE
y
The project schedule will be on an `as-needed' basis for field investigations. Salem Engineering
Group, Inc. proposes to begin pre-construction investigation during the week of March 29, 2010
and will provide geotechnical investigation oversight until the anticipated end of construction, which
is August 16, 2010.
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EXHIBIT "C"
PROJECT COSTS
FlaboDescription Cost
ratory
exploration, soil sampling, ����
g, engineering analysis,
pavement design
Task#2—Compaction Testing and Inspection $2,940
Services
Task #3—Concrete testing, field observation $2,162
and special inspection
Total $8,092
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EXHIBIT "D"
RATE SCHEDULE
a) Earthwork
Engineering Technician (Compaction Testing) $ 60.00 At
Geotechnical Engineer $ 115.00/hr
Max Density—ASTM D1557 $ 145.00/each
R-Value Test
Sieve Analysis $ 175.00/each
Sand Equivalent $ 95.00/each
Expansion Index $ 125.00/each
Plasticity Index $ 115.00/each
$ 155-00/each
b) Concrete
ICC Inspector $ 68.00/hr
Concrete Cylinder Compression Tests $ 75.00 / Per Set
c) Masonry
ICC Inspector $ 68-00/hr
Grout Samples Compression Tests $ 75.00 Per Set
Mortars Samples Compression Tests $ 75.00 Per Set
Masonry Prisms
$ 75.00 Per Set
d) Welding
ICC Inspector $ 68.00/hr
Ultrasonic Testing $ 95.00/hr
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.EXHIBIT "Ell
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WORKERS COMPENSATION INSURANCE CERTIFICATION
THE .DESIGN OF THE CITY OF REDLANDS
ORAGE STREET AND
BOULEVARD RESURFACING, SIDEWALK,AND LANDSCAPING IMPROVEMN
PROJECT. n one or more ENT
Every employer except the State, shall secure the payment of compensation i
following ways: of the
(a) By being insured against liability to pay compensation in one or more insurer dul
authorized to write compensation insurance in this State. y
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pad-any compensation that may become due to
his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires
insured against liability for Workers'Compensation or to undertake self-insurance accorrdanc to be
the provisions of that Code, and I will comply e with
performance of the work of this Agreement. (Labor Code s l provisions before commencing the
SALEM ENGINEERING GROUP, INC.
— 2 2 .�.
Clarence Jiang, G.E..
Date:
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