HomeMy WebLinkAboutContracts & Agreements_40-2021AGREEMENT TO PERFORM PROFESSIONAL ENGINEERING SERVICES
FOR CITY WATER FACILITIES INFRASTRUCTURE
This agreement for the provision of professional engineering services to perform
condition, seismic, and structural assessments for the city of Redlands' water facilities
infrastructure ("Agreement") is made and entered in this 16"' day of March, 2021 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and Richard
Brady & Associates, Inc., a California corporation ("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 provide professional engineering services to perform
condition, seismic, and structural assessments for City's water facilities infrastructure
(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 John R. Harris, City's Municipal Utilities and Engineering Department
Director, as City's representative with respect to performance of the Services, and such
person shall have the authority to transmit instructions, receive information, interpret and
define City's policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent in
accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
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4.2 The Services shall commence on the Effective Date of this Agreement, and Consultant
shall complete the Services on or before April 30, 2022, unless the Services are
terminated earlier as provided for herein.
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 not exceed the
amount of one million four hundred ninety five thousand five hundred fifty five dollars
and fifty cents ($1,495,555.50). City shall pay Consultant on a time and materials basis
up to the not to exceed amount in accordance with Exhibit "C," titled "Cost Proposal,"
which is attached hereto and incorporated herein by 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 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; or (iii) on the actual delivery date if deposited with an overnight
courier; 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.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Richard Brady, Chief Executive Officer
Richard Brady & Associates, Inc.
2655 Camino Del Rio N, Suite 100
San Diego, CA 92108
rbrady@rbrady.net
Phone: (858) 496-0500
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
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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
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. In 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
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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 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 Cleric
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, result 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
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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 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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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confinnation of this Agreement.
CITY OF REDLANDS RICHARD BRADY &
ASSOCIATES, INC.
Paul T. Barich,
ATTEST:
e ne Donaldson, City Clerk
r
By:
Ric and Brady, Chief Executive Of er
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EXHIBIT "A"
SCOPE OF SERVICES
Task 1 — Project Management
The Consultant shall hold a kickoff meeting 7 days after receiving a Notice to Proceed. The
Consultant shall provide the City with the agenda three days before the meeting to accommodate
review and feedback as well as key attendees for the City. The Consultant shall address topics
ranging from historical pictures, previous improvements completed, operational concerns, and
seismic design considerations
The Consultant shall have five separate teams that shall be deployed in parallel: a concrete
reservoir evaluation team (Team 1), a steel tank evaluation team (Team 2), a pump station
evaluation team (Team 3), pipeline evaluation team (Team 4), and Geotechnical Investigation
team (Team 5). The dive team, if required, shall be Team 6. All teams shall be managed by the
Consultant's project manager, Richard Brady, P.E., BCEE.
Code requirements that need to be met:
• 2016 edition of American Society of Civil Engineers (ASCE) Standard 7 - Minimum
Design Loads for Buildings and Other Structures
• 2017 edition of American Society of Civil Engineers (ASCE) Standard 41 - Seismic
Evaluation and Retrofit of Existing Buildings
• ACI 350 - Code Requirements for Environmental Engineering Concrete Structures
• AWWA Standard D100-11, Welded Steel Tanks for Water Storage
Task 2 — Resource Documents and Data Review
Immediately following Notice to Proceed, the Consultant shall start a formal review of the
provided as-builts, relevant sections of the City's most recent Water Master Plan, prior
assessment reports, original geotechnical investigation reports (if available), and other related
documents. The preliminary review shall be completed within 7 days, prior to the Kickoff
Meeting.
Task 3 — Iazardous Materials Testing
The Consultant shall prepare a Hazardous Materials evaluation. The Sub -consultant shall review
existing documents for the site and perform a site survey at the existing tank and collect samples
for laboratory testing.
Task 4, 7, 10 — Field Investigation for Condition Assessment for Reservoirs, Pump Stations,
and Transmission Mains
The site investigations shall adhere to the Consultant's custom inspection form, where they shall
take detailed notes and numerous pictures while following a safety plan. The Consultant staff
entering a reservoir and their associated equipment shall be disinfected prior to entry.
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In the event that draining a specific reservoir is not desirable, the Consultant shall perform both a
dive inspection and boat inspection. If possible, the Consultant shall perform dry inspections.
The Consultant shall complete an initial investigation of the regional geology to develop a
tailored preliminary investigation plan to efficiently perform investigations at multiple sites on
the same day. In order to develop the seismic design recommendations needed for the Consultant
shall perform a combination of Seismic Cone Penetration Tests (SCPT) and surface geophysical
surveys in lieu of exploratory borings at each of the tank and pump station locations.
The Consultant shall perform SCPTs at booster pump station sites, where possible. These shall
be supplemented by hand augured borings to collect near -surface soil samples for laboratory
testing. Locations where it is anticipated to result in shallow refusal of any attempted CPT or
geotechnical boring, the Consultant shall perform visual geologic mapping of any exposed rock
outcrops, shallow hand auger borings to refusal, and a surface geophysical survey. The
Consultant shall perform either SCPT or geophysical surveys, based on the Consultant's
understanding of the site geology and anticipated conditions. In cases where shallow refusal will
not work for SCPT, the Consultant shall perform follow-up geophysical surveys as needed to
obtain the necessary shear wave velocity data to support the seismic design.
A detailed inspection plan shall be submitted to the City for approval prior to performing the
work for each reservoir site, pump station, and pipeline investigation. Inspections shall address
all necessary features for proper evaluation of the existing structures including, but not limited
to:
1. Water tightness of structure.
2. Functionality of the underdrain system.
3. Exterior surface of the wall and roof to locate any signs of possible deterioration or
corrosion, including rust stains, efflorescence, cracks, spalling, leaks, damp spots and
protective coating failures.
4. Examine the interior surface of the floor, wall and roof to locate any signs of possible
deterioration or corrosion, cracks, spalling or leaks.
5. Examine floor, wall and roof integrity for deflections and joint condition.
6. Determine condition of ladders (interior and exterior) including verification of anchorage
to wall or roof, soundness of rungs in side rails, and condition of fall -protection device.
7. Determine condition of roof rails, vent curb, vent cover, roof hatch, wall access hatch,
drainage scuppers and down drains, and other appurtenances.
8. Examine interior piping and appurtenances including overflow structure and pipe for
corrosion and restriction of flow.
9. Examine and quantify civil site deficiencies including, but not limited to, site access,
security, tank aboveground piping and appurtenances condition, road and/or pavement
condition, and drainage issues.
10. The Consultant shall prepare a Hazardous Materials evaluation. The Sub -Consultant shall
review existing documents for the site and perform a site survey at the existing tank and
collect samples for laboratory testing.
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Task 5, 6, 8, 9, 11, — Condition Assessment Report and Recommendations for Reservoirs,
Pump Stations, and Transmission Mains
DRAFT Predesign Reports
For reservoir assessments, the Consultant shall consider, but is not limited to, static and hydro-
dynamic forces on the walls, wall reinforcing, wall base restraint capacity, roof to wall shear
capacity and column design. Based on the Consultant's assessment, they shall also approximate
the retraining useful life of each reservoir if repairs and upgrades are performed and also if they
are not performed.
The Consultant shall prepare design and construction costs for performing rehabilitation work (if
required). This comparison shall include, but is not limited to, the raw costs, as well as life cycle
costs, construction duration, outage impacts, reliability, resilience, storage requirements in the
subject pressure zone, community impacts, and input from City staff.
Design Workshop
The Consultant shall deliver to the City a draft Predesign Report which shall inform and create a
pathway to ensure the most cost-effective solution proposed at each site is implemented in a
timely fashion. Separate reports shall be prepared for reservoirs, pump stations, and the two
pipelines (in a single report). Two weeks after delivering the DRAFT Predesign reports, the
Consultant shall propose holding a workshop to discuss the findings and solicit feedback from
the City.
FINAL Predesign Report
Following the workshop, the Consultant shall incorporate all findings and conclusions into the
final Predesign Reports.
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EXHIBIT " B "
PROJECT SCHEDULE
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EXHIBIT "C"
COST PROPOSAL
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EXHIBIT "D"
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
V 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 perfonning 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.
RICHARD BRADY & ASSOCIATES, INC.
By:IL I
Date: 2
Richard Brady,
Chief Executive Officer
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