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HomeMy WebLinkAboutContracts & Agreements_35-2003_CCv0001.pdf AGREEMENT TO FURNISH CONSTRUCTION STAKING SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN This Agreement is made and entered into this 4t" day of March 2003, by and between the City of Redlands, a municipal corporation (hereinafter "City") and Schmidt Geomatic Mapping, Inc., (hereinafter "Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for the 1350 Zone Water Transmission Main ("Project"), for the city of Redlands, California. 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 high quality Services for the Project at the level of competency presently maintained by other practicing professional Consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment"A", entitled "Scope of Services", which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this agreement including, but not limited to all applicable Labor code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City- owned property or rights-of-way as required by Consultant to perform the Services. 3.3 City designates Lonny Young as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. 1350 Zone Water Transmission Main Project, Construction Staking Services March 4, 2003 Page 2 ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of$14,524. City shall pay Consultant on a Time and Materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment"D", entitled "Rate Schedule". 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the services, indirect costs, and the detailed cost of all Services, including backup documentation. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All contractual 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 shall be addressed as follows: CITY CONSULTANT Mr. Lonny Young Mr. William F. Schmidt, P.L.S. Municipal Utilities Department Schmidt Geomatic Mapping, Inc. 35 Cajon Street 25884-K Business Center Drive P.O. Box 3005 Redlands, Ca 92374 Redlands, CA 92373 When so addressed,such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill 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. 1350 Zone Water Transmission Main Project, Construction Staking Services March 4, 2003 Page 3 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non- contributing to any insurance or self-insurance maintained by the City. Consultant shall not perform any Services pursuant to this Agreement 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 work. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty(30)days priorwritten notice to City. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Professional Liability Insurance. Consultant, shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 1350 Zone Water Transmission Main Project, Construction Staking Services March 4, 2003 Page 4 6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 million ($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 on the project, hired and non- owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.7 Hold Harmless and Indemnification. Contractor shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents,from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. 1350 Zone Water Transmission Main Project, Construction Staking Services March 4, 2003 Page 5 ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 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 attorneys' fees. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: Project Manager: William F Schmidt, P.L.S. Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, cost estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement and any copyright interest Consultant may have in said herein described documents, records and data shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of the City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 1350 Zone Water Transmission Main Project, Construction Staking Services March 4, 2003 Page 6 7.7 This Agreement may be terminated by the City, without cause, by providing ten (10) days priorwritten notice to the Consultant(delivered by certified mail, return receipt requested) of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and (2) 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 performing the Services required by this Agreement. 7.9 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Schmidt Geomatic Mapping, Inc. ("City") ("Consultant") J N By: By: Karl N. (Kasey) Haws Mayor Title: '—I LC'-" ATTEST: Lorr' Poyzer- 0lerk — ' Ci ffyv(of Redlands AGREEMENT TO FURNISH CONSTRUCTION STAKING SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT A SCOPE OF SERVICES We are pleased to submit this proposal for land surveying services on the above referenced project. Our costs as outline below are for the alignment staking of the proposed water main as shown on the approved set of construction drawings sheets G-1 & 2, SID-1 & 2, P-1 to P-14 and PID-1 & 2 dated 10-01-02. Land surveying services shall include offset stakes per the attached request for survey by Trautwein Construction, Inc. Project Location: San Bernardino Ave. Stations 100+00 to 206+52.50 Texas Street Stations 300+00.00 to 328+98.23 Texas Street Stations 327+22.22 to 328+78.63 Scope of Work: Provide one set of construction stakes at intervals outlined on the request for survey including horizontal and vertical grade alignment, appurtenances (tees, crosses, valves, blow-offs, air-vacs, fire hydrants) and bore pit limits. Additional: Grade sheets will be delivered to the City as part of our QA/QC plan. Construction staking beyond the scope of work will not be performed without the approval of the City Engineer and if approved, will be billed on a time and material basis per state prevailing wage x net multiplier of 2.25. AGREEMENT TO FURNISH CONSTRUCTION STAKING SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT B PROJECT SCHEDULE A preliminary schedule for the project is included below: March 10, 2003 Begin construction staking services. April 25, 2003 Complete construction staking services. AGREEMENT TO FURNISH CONSTRUCTION STAKING SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT C PROJECT FEE Cost: San Bernardino Ave. $ 11,288.00 Texas Street $ 3,236.00 Total Cost $ 14,524.00 AGREEMENT TO FURNISH CONSTRUCTION STAKING SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT D RATE SCHEDULE CEO—Professional Services, PLS $ 85.00/hr Project Manager $ 60.00/hr Draftsman $ 50.00/hr Secretarial $ 45.00/hr Field Survey Straight Time: Overtime (Dailyh *Chief of Party $42.61/hr $58.765 *Instrument Man $40.26/hr $55.24 *Chainman/Rodman $39.68/hr $54.37 Materials at cost plus 15% *Billable rate is wage X net multiplier of 2.25.