HomeMy WebLinkAboutContracts & Agreements_86-2011_CCv0001.pdf AGREEMENT FOR ASSESSMENT OF HISTORIC STORM DRAIN FACILITIES O
BEHALF OF THE CITY OF REDLAI' DS _
This agreement for the assessment of historic storm drain facilities on behalf of the City of
Redlands "Agreements')is made and entered into this 23"d day of June,2011 ("Effective Date"),by
and between the City of Redlands, a municipal corporation ("City") and TIDE Engineering, Inc.
("Consultant'). City and Consultant are sometimes individually referred rred to herein as a"Party"an
together,as the"Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide infrastructure analysis services of existing historic
covered rubble channels and box structures comprising City's historic storm drain facilities
at various locations throughout the City of Redlands (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the shill and the professional expertise necessary to provide the Services
to City at a level of competency presently maintained by other practicing professional
consultants in the industry providing like and similar-types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perforin are more particularly described in Exhibit"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 not limited to, the Americans with
Disabilities Act and the Fair Employment and Housing Act:
ARTICLE 3 s 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-awned property, as
required by Consultant, to performs the Services.
3.3 City designates Donald Young,Engineering Manager,its 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.
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ARTICLE 4 -PERFOM&NCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule to be provided by the City.
42 At any time during the term of this Agreement, 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 the parties by written amendment to this Agreement,
executed by City's City Manager. Consultant shall not perform, nor be compensated for,
Extra Work without such written authorization from City;
4.3 Consultant designates Michael P.Thornton,P.E.,as Consultant's representative with respect
to performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define Consultant's policies and decisions
with respect to performance of the Services.
ARTICLE 5 -PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Thirty-line Thousand Five Hundred Dollars ($39,500.00). City shall pay
Consultant on a time and materials basis up to the net to exceed amount, based upon the
hourly rates shown in Exhibit "B;" entitled"Rate Schedule."
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, if any. 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:
Cit
Consultant
Donald Young, P.E. Michael P. 'Thornton,P.E., President
Municipal Utilities and. Engineering Dept. TKE Engineering, Inc.,
City of Redlands 2305 Chicago Avenue
35 Cajon Street, Suite 15A Riverside, CA 92507
PCS Box 3005 (mailing)
Redlands; CA 92373
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When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes maybe made in the names and addresses of the person to who notices and
payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 - INSURANC— AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until all 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. All insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty(30)days prior written notice to
City.
62 Consultant shall secure and maintain Worker's 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.
6.3 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. Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the to of
this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
6.5 Consultant shall secure and maintain in force throughout the term ofthis Agreement 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. Such insurance shall be primary and rion-contributing to any insurance
or self insurance maintained by City. City shall be named as an additional insured.
6.6 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
Consultant's and its officers ,employees' and agents' negligent acts or omissions or willful
misconduct in performing the Services.
ARTICLE 7 - CONFLICTS OF INTEREST
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7.1 Consultant covenants and represents that it does not have any investment or interest in real
Property that may be the subject of this Agreement or any other source of income,interest in
real property or investment which 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 y
Services under this Agreement.
T2 Consultant agrees it is not a designated employee within the meaning ofthe Political Reform
Act because Consultant:
A. Does not make or participate in;
(i) the making ofany'City governmental decisions regarding approval of rate,
rule or regulation, or the,adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of City 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;
(v) 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 perforin 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 disclose its financial interestsby
completing and filing a Fair Political practices Commission Farm 700, Statement o
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 QQN IDERATION
8.1 attorneys' Fees. In the event any action is commenced to enforce or interpret any of the
terms or conditions ofthis 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 by a Party.
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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, cost estimates,
electronic data files,databases and other documents developed by Consultant in connection
with its performance of the Services, and any copyright interest in such. documents, shall
become the property 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 Service-,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 no event shall Consultant or any 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 authority,express or implied,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 maybe 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 any data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in perfortning 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 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, or for any longer period required by law, from the date ciffinal
payment to Consultant pursuant to this Agreement. Such books shall be available at all
reasonable time,-, 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 orverbal agreements
relating to such matters are superseded by this Agreement, Except as otherwise provided for
herein,any 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 govemed by and construed in accordance with the
laws of the State of California.
8.9 Severability. 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 any of 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.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS TKE Engineering, Inc.
r-3
14;P
By:
Enri e Martinez, City Manager Michael P. Thornton, P.E.
President
TIDE Engineering, Inc.
A`I-FEST:
Sam Irwin city Clkrk
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EXHIBIT A
City of Redlands
Assessment of Historic Storm Drain Facilities
SCOPE OF SERVICES
7
City of Redlands
Assessment of Historic Stearin Drain Facilities Project
aRaa�a
1. Scope of Services
From our review of the City's Request for Proposal (RFP), a field reconnaissance, and TKE's
vast prier experience with the City's storm drain infrastructure, we have prepared the
following Scope of Services that implements the City's required tasks described in the RFI .
Herein we identify and describe each task required for project completion and provide a list
of deliverables where it applies.
2.1. Data Reconnaissance Phase
During the Data Reconnaissance Phase, TKE will provide the City with the following
services:
2.1.1. project Management, Coordination and Meetings TKE will provide support as
necessary to coordinate and attend project meetings, field meetings, as well
as prepare corresponding meeting minutes, progress reports, and project
schedules, as necessary. TIDE has assumed participation in the project
"Kickoff" Meeting and two field meetings for this task. Additional meetings
will be charged on a Time and Materials basis, in accordance with the
enclosed rate schedule and not to exceed the budget amount without 'prior
authorization from the City.
Deliverables: Meeting minutes and Progress Reports and Project Schedule`
and updates.
2.1.2. Records Research - TKE will research, collectand review existing record
drawings and available record ;information provided by the City for all storm
drains to be inspected. These items shall include but not be limited to
existing drainage reports, Master Drainage dans, street improvement dans,
utility plans and any Cather plans and/or documents necessary'to develop a full'
understanding of the drain limits and potential tributary areas. In addition to
existing storm drain data, TKE will also request that the City provide a digital
copy of the City's CIS parcel and storm drain database to prepare useful
project<exhibits:
Deliverables: NIA
2:13. Video Inspection - TKE will utilize Houston and Harris, Inc. (H&H) to provide
video inspection of the approximately 4.6 miles of storm drain infrastructure
to be analyzed. H will provide CCTV inspections of the storm drain
infrastructure ,and provide commentary on the material type, approximate
dimension, lateral and connection locations and general structural condition
assessment. H&H services assume that the storm drains are clear of any
debris and can be maneuvered by the CCTV equipment. Any debris removal,
cleaning or drain clearing will require additional compensation. TKE will
inform the City of any such areas upon discovery and provide the City with
the costs prior to continuing with the affected reach,.
TKE Engineering, Inc.
-ta www.tkeengineering coil
City of Redlands
Assessment of Historic Storm Drain Facilities Project
Emu ALA=
IMMRING
Deliverables CCTV vides inspection legs with lateral and connection locations
and digital video inspection footage.
2.2. Assessment Phase'
During the;Assessment Phase, TILE will provide the City with the following services:
-.2.1. Video "Inspection Review and Document Preparation TKE will review the
video inspection footage collected by H&H and perform an assessment of all
infrastructure to identify and recommend solutions to all failed, brokers,
gapped and/or missing pipe. TILE will prepare an assessment log detailing the
existing pipe characteristics, type of problem, approximate length of problem
area and recommended repair. In addition, all repair areas will be
documented on a storm drain facility exhibit which will show the City's
existing storm drains, streets, parcels and potential tributary if able to be
determined by the lateral and connection analysis.
Deliverables. Assessment Log and 11x17 Exhibits.
TKE Engineering, Inc.
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EXHIBIT B
City of Redlands
Assessment of Historic Storm Drain Facilities
RATESCHEDULE
8
City of Redland
Assessment of Historic,Storm drain Facilities Project
Consulting Fee
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Assistant
Project Manager Project Engineer Fngineer/Designer Clerical Subconsultants Total
Task No; Task Hours $ Hours S Hours S Hours $ S S
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2,1 Data Reconnaissance Phase
2,1.1 Project Management.Coordination and Meetings 6- $ 900 S S 3 $ 165 S 1,065
2.I.2 Records Research $ S l $ 600 8 $ 440 $ 1,040
2.1.3 Vidal Inspection 2 $ 300 S 6 S' 800 8 $ 440 S 25,652 $ 27,392
2.2 Assessment Phase
2.2.1 Video Hnspecti€o Review and Document Preparation 8 $ 1,200 40 $ 5.200 36 S 104 40 S 2,200 S- 10,200
Subtotaft 16 $ 2;400 40 $ 5,200 30 $ 3,000 59 $ 3,245 S 25;652 $ 39,497
Rounded Total S 39;500
Rates:
ProjectMan4ger S 150 /HR Notes
Project Engineer 5 130 IHR l.} Reimbursab3cs Include Cost for Prints.Copies,Mileage,Etc.
Assistant Emineer/Dtt signer S 100 /HR:
Clerical ffi 55 /HR,