HomeMy WebLinkAboutContracts & Agreements_251-2020PS -LI (9.9 20)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the preparation of a Bridge Preventative Maintenance Program
("BPMP") plan (` Agreement") is made and entered in this 15th day of December, 2020
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and
CNS Engineers, Inc. ("Consultant"). City and Consultant 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 prepare a BPMP plan for City (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 practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
A, titled `Scope of Services, which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3 1 City designates Ross Wittman, Municipal Utilities and Engineering Senior Project
Manager, 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. City
shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perforin and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit 'B, titled `Project Schedule, which is
attached hereto and incorporated herein by reference.
4.2 Consultant shall complete the Services by December 31, 2021, unless the Services are
terminated earlier as provided for herein.
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4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5 1 Total compensation for Consultant's performance of the Services shall be in the amount
not -to -exceed sixty six thousand four hundred sixty nine dollars ($66,469). City shall pay
Consultant in accordance with Exhibit `C, titled 'Cost Proposal' which is attached
hereto and incorporated herein by reference. The indirect cost ratio ("ICR") calculated
within Exhibit 'C' shall remain in effect throughout the duration of this Agreement.
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 Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below or such other
address as a Party may provide notice in accordance with this section:
CITY.
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONSULTANT.
James J Lu, President/Structures Manager
CNS Engineering, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
james.lu@cnsenginc.com
(951) 687 1005
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage 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 the 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
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PS -1.1 (9.9,20)
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A. Workers' Compensation and Employer s Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit
'D, titled `Workers' Compensation Insurance Certification, which is attached
hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount 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 such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit 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 such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
D. Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City hi the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 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 any negligent act or omission by or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
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 may be the subject of this Agreement or 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.
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7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to.
(i) approve a rate, rule or regulation, or adopt or enforce a City law.
(ii) issue, deny suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant 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) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant 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 determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 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 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 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. Any
assignment or attempted assignment without such prior written consent may in the sole
discretion of City results in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all 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
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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.
8.4 This Agreement may be terminated by City in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. 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. 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.
8.5 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.
8.6 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 provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 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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PS 1 1 (9.9.20)
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement
CITY OF REDLANDS
CNS ENGINEERS, INC
Br By
Mayor, City of Redlands Jamesu, President/Structures Manager
ATTEST
ne Donaldson, City Clerk
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PS -I I (9 9:20)
EXHIBIT "A"
SCOPE OF SERVICES
Phase I — Preparation of a Bridge Preventative Maintenance Program ("BPMP") Plan
Task 1 — Project Administration and Coordination
Consultant shall conduct project administration to ensure timely progress reporting, billing,
accurate project record keeping, monitoring of costs, progress, deliverables and adherence to
quality standards. During the engineering study development, Consultant shall ensure the
schedule adhere to all contractual requirements. All incoming and outgoing design and
correspondence documents shall be logged and filed according to a project -specific document
control system. This task shall include general management and coordination with the City and
Caltrans (as directed by the City). Project meetings shall be conducted to maintain good project
communication in purposeful and concise meetings. It is assumed that one (1) kickoff
meeting/conference and two (2) progress review/conference meetings are required. Project
Manager shall attend the meetings. The first initial kickoff meeting shall review the project
schedule, submittals, project objectives, and discuss potential engineering issues.
Deliverables: progress reports, schedule updates, document logs, invoices, and meeting minutes.
Task 2 — Collect Data & Conduct Field Review
Consultant shall collect all bridge maintenance records including the bridge as -built plans and
Caltrans bridge inspection reports from the City of Redlands and Caltrans District 8 Map File
Office. Consultant shall screen check all bridge data and conduct a field review to verify that the
existing site conditions are consistent with the bridge maintenance records. Findings observed in
the field inconsistent with the maintenance records shall be documented. Photographs showing
structural or geometric deficiencies and views required for programming documents shall be
taken and compiled into a photo log. The field review is not intended to rate the existing bridges
as the bridges have been biennial inspected and structurally rated by Caltrans Structure
Maintenance and Investigations (SM&I); however, Consultant shall coordinate with Caltrans
SM&I to seek clarification for the bridge ratings in question.
Deliverables: a field review summary memorandum including notes and photos, a scalable
bridge database or a bridge asset management system that provides access to site locations, as -
built plans, and inspection records.
Task — 3 Identify and Reconcile Work Recommendations
Consultant shall review the bridge inspection reports, as -built plans, and compare with the results
of the field review to identify the structural deficiencies, assess, compile and prioritize work
recommendations based on the Caltrans Local Assistance Bridge Preventative Maintenance
Program (BPMP) Guidelines dated December 2015 Consultant shall prepare an 'Objective
Procedure to Prioritize the Preventative Maintenance Projects' for establishing a Preventative
Maintenance Plan for City's approval and project filing.
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Consultant shall develop a bridge inventory that summarizes the bridge conditions, the structural
deficiencies and the recommended Preventative Maintenance and Routine Maintenance works
for City's review and concurrence. Standard pay items for the required preventative
maintenance work per Caltrans 2018 Standard Specifications and Special Provisions shall be
identified, and the associated quantities shall be calculated to estimate probable construction
costs with a proper contingency
Most of the BPMP-qualified bridges in the City may require the following preventive
maintenance work:
• Remove the deteriorated AC overlay on the bridge deck.
• Clean and seal the concrete deck with methacrylate and/or add a polyester concrete
overlay
• Construct an expansion dam at the expansion joint where an AC overlay exists.
• Replace expansion joint seals.
• Backfill eroded abutment slopes.
• Repair structural spalls or cracks.
Deliverables: quantities and cost estimates for qualified preventative maintenance work.
Task — 4 Preparation of a BPMP Plan/Funding Application
Consultant shall prepare a BPMP funding application in accordance with Caltrans Local
Assistance Program Guidelines (LAPG) and Local Assistance Bridge Preventative Maintenance
Program (BPMP) Guidelines for the qualified preventative work recommendations. All relevant
bridge data, work recommendations, and probable project costs shall be compiled into the
standard BPMP Spreadsheet. It is expected that one BPMP funding application shall be prepared
for all bridges requiring preventative maintenance work. The BPMP funding application shall
include a cover letter, a project prioritization and implementation spreadsheet, and a computer
diskette containing the spreadsheet Excel file.
Deliverables: a BPMP funding application spreadsheet.
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Estimated Project Schedule - Phase I Preparation of a Bridge Preventative Maintenance Program {BPMP) Plan
ID
Task fume Duration Start '.Finish Novemk Decemb Januay Februai March April ' May
1
Notice to Proceed 0 days Wed 12/16/20 Wed 12/16/21 12/16
2
1 0 Project Administration and Coordination 98 days Wed 12/16/20 Tue 5/4121 4
3
Mobilize Staff and Attend a Kick-off Meeting 5 days Wed 12/16/20 Tue 12/22/20 12/16
4
Project Administration and Coordination 98 days Wed 12/16/20 Tue 5/4/21 12/1
5/4
5
2.0 Collect Data & Conduct Field Review 30 days Wed 12123/20 Thu 2/4/21
b
Collect and Review Existing Data 10 days Wed 12/23/20 Thu 1/7/21 12/23 1/7
7
Conduct Field Review 5 days Fri 1/8/21 Thu 1/14/21 1/8 1/14
8
Prepare and Submit a Field Review Memorandum and 15 days Fri 1/15/21 Thu 2/4/21 1/15 2/4
a Scalable Bridge Asset Management System
9
3.0 Identify and Reconcile Work Recommendations 30 days Fri 215121 Thu 3118)21 W�
10
Identify and Reconcile Work Recommendations 15 days Fri 2/5/21 Thu 2/25/21 2/5 -2/25
11
Prepare and Submit a Bridge Inventory 5 days Fri 2/26/21 Thu 3/4121 2/26
12
Identify Pay Items, Calculate Quantities and Prepare 10 days Fri 3/5/21 Thu 3/18/21 3/5 —.3/16
Cost Estimates
13
4.0 Preparation of a BPMP Plan/Funding Application 35 days Fri 3119/21 Thu 5/6/21
14
Prepare and Submit a Draft Caltrans Standard BPMP 10 days Fri 3/19/21 Thu 4/1/21 3/19
Funding Spreadsheet to the City
j _4/1
15
16
City Review and Revision 15 days Fn 412/21 Thu 4/22/21
Prepare and Submit a Final BPMP Funding 10 days Fri 4/23/21 Thu 5/6/21 4/29
Spreadsheet to Caltrans
5/6
17
Complete Phase I Contract 0 days Thu 5/6/21 Thu 5/6/21 4r5i6
PS 1 1 (9 9,20)
EXHIBIT "C"
COST PROPOSAL
Exhibit C - Fee/Cost Proposal
Caltrans Exhibit 10-H1
Note Mark-ups are Nut Allowed
Consultant. CNS Engineers Inc
ElPrinte Consultant ❑Sub Consultant 02nd Tier Sub Consultant
Project Name Preparation ore BPMP Plan
ITN BPMPL 5083(023)
City Project No. 47116
Date. 10/2812020
DIRECT LABOR
Classification/Title
Name
Hours
Actual Hourly Rate
Total
Principal Bridge Enginccr(Projcct
Manager .
lanes I. Lu
52
$ 95.80
$ 4.981.6(1
Senior Bridgc Engineer
Qnyet Nguyen
44
$ 68,00
$ 2 992.00
Bridge Project Engineer
Justin Nguyen
224
$ 49.50
8 11 088,00
Bridge Design Engineer
Basil Vavyum
64
$ 38 75
S 2,480,00
( ADD Designer
Nan Li
32
8 41.50
$ 1.328.00
Project Controller
Lily 11. I luting
3
$ 61.50
$ 184.50
0
8
8 -
0$
$
0
8
8
• Kcy Personnel •# 1'mployees subject to prevailing ttagcs
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated SatanIncreases
FRINGE BENEFITS
d) }'lunge Benefit (Rate:
56.90%
S 23.054 10
8
0.0%
c) TOTAL DIRECT LABOR COS'T'S ((a)+(h)1 $ 23.054 10
c) TOTAL FRINGE BENEFITS [(c) x (01 $ 13,117 78
LNDIRECT COSTS
fl Overhead (Rate 102.64% ) g)Overhead [(el,: $ 23.662.73
h) General and Adntin6.Irativ, (Rate, 1 1) Gcn & Admin [te) x (1111 $
1'1'2019 Audited Rate 1.59.54%
j) TOTAL INDIRECT COSTS [(e)+ (i)l $ 23,662 73
FIXED FEE (Profit)
1) (Rate' l0% 1
OTHER DIRECT COSTS (ODC)
(Ol)(' is actual ens! to be reimbursed lvilh supporting documentation )
m) Reproduction
n)
k) TOTAL PROFIT 1(0+ Ie) +011 x (1)1 $ 5 983.46
S
IA-Travel/Mileage Expense (Mileage will be IRS standard rate.) 5
p) Mailing/Overnight/Special Deliveries $
4)
SUBCONSULTANT COSTS
None for this phase
600.00
50.00
r) TOTAL OTHER DIRECT COSTS Um) +(n)+(n)+(p)+(q) 1 $ 650.00
TOTAL COST [(c) + it! + (1) +00 -r (r)+ (s)1
s) TOTAL SUBCONSULTANT COSTS 5
66,469 00
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Schedule of Compensation - Man Hour Worksheet
Project Name
Consultant
Preparation of a BPMP Plan
Date 10/28/20
CNS Engineers, Inc
Task No
Task Description
Principal nndg
P�tbnnrer Agect
3lnnnger•
Smtur HWhipHndgr
rn�ttecr
Pruito
Erpincer
Bridge neitpn
tn
tngner
( Ann
ns:gncr
Project
Cladlcr
tm
Total
HOLES
Labor Cost
Subtotal Labor
Cost
Rate Schedule
$273.50
$194
14
$141.32
5110.63
$118.48
5175.58
B1'MP Plan For 17 Bridges
1.0
Project Administration and Coordination
24
3
27
S 7,090 81
5 7 090 81
2.0
Collect Data & Conduct Field Review
12
44
56
S 8,547 69
5 8.547 69
3 0
Identify and Reconcile Work
Recommendations
16
24
140
40
32
252
5 37 036 57
5 37,036.57
4 0
Preparation of a BPMP Plan/Funding
Application
12
8
40
24
84
5 13,143 00
5 13 143 00
0
$ -
S
0
5
5
Tmal Hours
52
44
224
64
32
-119
Total Labor
Cost
$ 65 818 07
Subtotal ODC
5 650.00
Total Cost mil
ODC
5 66,469.00
PS- I 1 (9 9.20 )
EXHIBIT "0"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(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 pay any compensation that
may become due to his or her employees
CHECK ONE
X, I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
CNS ENGINEERS, INC
By Date (1/ 4( (01 ao
James u, President/Structures Manager
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