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HomeMy WebLinkAboutContracts & Agreements_207-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Design Engineering Services for the 2023 CIP Water Pipeline & Highline Replacement Project ("Agreement") is made and entered in this 7th day of November, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and TKE Engineering, 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 Design Engineering Services for the 2023 CIP Water Pipeline & Highline Replacement Project services 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 this 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, 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 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 July 31, 2024, unless the Services are terminated earlier as provided for herein. 1 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to 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 the Consultant's performance of the Services shall be in the amount not to exceed three hundred fifty-eight thousand three hundred eighty dollars ($358,380). City shall pay Consultant in accordance with Exhibit "C," titled "Cost Proposal" which is 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 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 or electronic mail transmission (including PDF), 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: Terry Renner, Sr. Vice President TKE Engineering, Inc. 2305 Chicago Avenue Riverside, CA 92507 Email: trenner@tkeengineering.com Phone: (951) 680-0440 Fax: (951) 680-0490 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 shall include a 2 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx 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. 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. D. 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. E. 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 and appointed 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. 3 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx 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. 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, result in City's immediate termination of this Agreement. 4 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msI:\emo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx 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 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, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 5 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements \TKE Engineering, Inc. Agreement FY22- 0286.docx 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. IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF By: ddie Tejeda, Mayor ATTEST: ne Donaldson, City Clerk TKE ENGINEERING, INC. Terry Renn . Vice President 6 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx EXHIBIT "A" SCOPE OF SERVICES The project scope includes the design of new water mains ranging from 8-inch to 24-inch ductile iron pipe (DIP). The purpose of the project is to eliminate undersized and aging infrastructure. The design will include the reconnection of all water service laterals to the new main. The proposed project includes approximately 25,000 linear feet 8-inch thru 16-inch of existing pipeline and 10,000 linear feet 24-inch of existing pipeline that need to be replaced as shown in the attached map. During design, the segments shown on the map could be updated based on the existing conditions. Some segments could be added, or some segments could be deleted. Also, City's well sites require replacement/addition of the pipeline which will be provided during preliminary design phase. However, total linear feet will not exceed. The following is a preliminary scope of work for the Project. The Consultant is required to develop a detailed scope of work. The scope of work includes full scope of work that Consultant will take full responsibility in designing the project to solicit construction bids. 1. Utilities Research and Data Collection: Research and identify all existing utilities in the project areas. Coordinate with all affected utility agencies in the area and appropriately show all utilities on the plans. Locate, identify, and show City facilities and appurtenances on the drawings, including water mains, valves, hydrants, meters, service laterals, vaults, manholes, etc. 2. Base Map Preparation: Using the City provided street improvement plans, GIS shape files, and available utility drawings; Consultant will prepare a detailed base map for the Project which include topo survey. Topographic survey requires for the 24-inch water pipeline alignment only. The existing right-of-way lines, street centerlines, lot lines and easements, if any, will be shown on the base map along with the utilities. An accurate and thorough base map will serve to illuminate all the potential design issues as well as help to avoid potentially costly conflicts during construction. Consultant will ensure that all the utility information has been incorporated and that the street and survey data correctly overlaid. 3. Site Visit: After preparing the base map, Consultant will perform site walk of the proposed alignment of the water mains to verify the base map and gather additional information unavailable in the record documents. 4. CEQA Regulatory Compliance: Consultant shall review all regulatory requirements under CEQA, and shall prepare and complete all required documentation. 5. Preliminary Design (60% Design): Upon completion of the base map and site inspection, Consultant will proceed with the preliminary design. Consultant will layout the horizontal alignment of the proposed pipelines on the base map, plan view only, no profile for any pipeline 16-inch or under. Any pipeline over 16-inch, consultant will layout the horizontal and vertical alignment of the proposed pipelines on the base map, plan and profile view. Any appropriate recommendations to the City for potholing, if required, to be made and discussed with the City. The 60% design submittal will show the plan only of the proposed water mains. The plans will be on 24" x 36" sheets and the set will include a title sheet, details sheets and plan sheets. Consultant will have a 60% design review meeting with the City to discuss comments before proceeding to the next design stage. 6. Detailed Design (90% Design): After the 60% design review, Consultant will proceed to 90% design. This submittal will contain the construction notes and details specific to this project. The complete 7 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msI:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx bid documents will also be included in the 90% design submittal. Consultant will have a 90% design review meeting with the City to discuss comments before proceeding to the final design stage. 7. Final PS&E (100% Design): Upon approval by the City of the 90% design, Consultant will proceed to the 100% design stage. This submittal will incorporate City comments and finalize the plans and specifications. Consultant will prepare the engineer's estimate of probable construction cost at this stage. Consultant will finalize the plans, bid documents, specifications and engineer's estimate by incorporating all review comments and submit thoroughly cross-referenced, quality checked and peer reviewed final reproducible construction documents, signed and stamped. The final plan set to include: a. Title Sheet b. General Notes, Abbreviations, Vicinity Map, Sheet Index, etc. c. Details d. Plan and Profile Sheets 8. Services during Bidding and Construction: a. Pre -bid meeting preparation and attendance. b. Assist in answering bidders' questions. TASK No. 1 INITIAL °KICK-OFF' MEETING Prior to commencement of services, TKE proposes to meet the City staff to review project obligations and to discuss all project requirements in detail. In addition, TKE will discuss the project's scope of services and design schedules. TKE also utilizes this meeting to acquire the City's existing utility plans. Street improvement plan and GIS files. Upon completion of the meeting, TKE will document the meeting with notes and will refine the project schedule. Deliverables: Meeting Notes and Updated Project Schedule TASK No. 2 RECORDS RESEARCH Using files provided by the City, TKE will thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of street centerlines, easements, rights -of -way, and property limits and determine locations of all existing utilities and improvements. The research will consist of assembling copies of assessors' maps, tract maps, parcel maps, monument ties, benchmark data, corner records, street improvement plans, and utility drawings. TKE will notify Underground Service Alert to acquire a complete list of underground utility purveyors. The utility drawings will include existing drawings from the City, and drawings and/or atlas maps from all private utility companies, and/or agencies. TKE will send letters to utility companies and agencies requesting their data. TKE will maintain copies of the letters for future reference. Deliverables: Utility Correspondence 8 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msL•\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx TASK No. 3 TOPOGRAPHIC SURVEY TKE proposes to use conventional survey to prepare the base construction drawings. Field survey crew will locate existing street centerline monuments utilizing survey control data. The crew will measure the horizontal angle, horizontal distance, and vertical elevation difference between each survey monument. TKE will complete a traverse for each survey to ensure closure. Elevations will be tied to existing City benchmarks based on the NGVD 88 Datum. In addition, we will measure sewer and storm drain inverts. Field survey crews will collect appropriate detail as required to prepare a topographic map for the entire reach. The topographic map shall extend 100-feet beyond end of centerline. In addition, TKE will collect 50-foot cross sections with shots extending to 10-feet beyond right-of-way. Survey data will include trees over 2-inches in diameter, walkways, sidewalks, driveways, curbs, gutters, cross gutters, slopes, fire hydrants, water valves, water meters, signs, street lights, landscape, fences, walls, structures, and all other visible features. Deliverables: Ground Topography, Utilities and Data in ASCII Format with Description Codes. TASK No. 4 BASE CONSTRUCTION DRAWINGS TKE will prepare the base construction drawings on 24" by 36" sheets with the City's standard title block using AutoCAD 2015 software at a drawing scale of 1"=40' consistent with the City's drawing standards. We have reviewed the City Standards and will complete the drawings in accordance with the level of detail required. The base construction drawings will include a plan view based on existing improvement plans, GIS Data and aerial data. TKE will add the sheet north arrow, graphic scale, existing improvements, and utilities (based on both assembled records and field data), property lines, public and private right-of-way, street centerline, street names, and survey data to the plan view portion of the drawings. Deliverables: Base Construction Drawings in Plan View, Right -of -Way Acquisition Assessment and Construction Conflict Assessment TASK No. 5 ENVIRONMENTAL COMPLIANCE Based on the information provided, the City of Redlands is planning to construct capital improvements, including replacing up to 35,000 LF of pipeline of various sizes and lengths throughout the City. Additionally, the City's well sites would require replacement and/or addition of pipeline as part of the overall project. Based on a review of the RFP, TDA expects a Class 3: New Construction or Conversion of Small Structures (d) water main sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction (State CEQA Guidelines Section 15303) and Class 2: Replacement or Reconstruction (c) replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (State CEQA 9 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-mg:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx Guidelines Section 15302) Categorical Exemption (CE) as the appropriate CEQA environmental determination for this Capital Improvement pipeline project. It is TDA's observation that the limited area of disturbance to support this project within existing road ROW qualifies with the requirements of these exemption classes. As requested by the City, TDA will prepare an Initial Study with Mitigated Negative Declaration (IS/MND). The IS/MND will include technical studies for Air/quality/Greenhouse Gas (GHG), Climate Change, Biological Study, and Noise Study. Tribal Cultural Resources is expected to be addressed by the City through the AB-52 process. TDA will process the Initial Study to a final package for consideration by City Staff, including the Mitigation Monitoring and Reporting Program for review and approval. TDA will file the NOD with the County of San Bernardino and the filing fee will be a part of our scope. TDA will compile an NOD and will personally manage the work effort outlined above and will be the primary author of this document. Deliverables: Required CEQA Documentation: Initial Study Preparation, Mitigation Monitoring and Reporting Program, and File a NOD TASK No. 6 FIELD RECONNAISSANCE TKE will conduct a field reconnaissance of the project area to collect appropriate detail as required to prepare mapping for the entire project. TKE will review information extending 10- feet beyond full width right-of-way on each side. Data will include trees over 2-inches in diameter, buildings, walkways, sidewalks, driveways, curbs, gutters, cross gutters, fire hydrants, water valves, manholes, water meters, signs, streetlights, power poles, fences, structure, traffic signal poles and all other visible features. Deliverables: Field Notes, Photographs, and updated base construction drawings. TASK No. 7 60% DESIGN 60% design will consist of completed base construction drawings, precise alignment identification, pipe class thickness and restraints, proposed connection design, critical interference identification, system abandonment requirements (if any), construction phasing requirements and construction cost estimates. The drawings will include a title sheet, plan, and construction detail sheet. The title sheet will include the title of the job, a vicinity map, location map, general notes, construction notes with quantities estimates, sheet index, legend, benchmark data, basis of bearings, utility contact references, job number, and the City's and fire approval blocks. The plan view will show digital topographic data, existing improvements and utilities, survey control, proposed pipeline, pipeline appurtenances (connections, air valves, main line valves, and blow offs), construction notes with quantity estimates, and potential interferences at a drawing scale of 1"=40'. 10 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msI:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx The construction details will include connections, appurtenance details, special bedding requirements, and abandonment details, all at appropriate drawing scales. The specifications shall be prepared in Microsoft Word format in accordance with the City standards and will include all referenced standard plans referenced on the drawings. Bid sheets will be prepared using the bid items identified in the cost estimate. The preliminary construction cost estimates will be prepared using an Excel spreadsheet. Descriptions of work, unit prices, and quantities will be included in the spreadsheet. Deliverables: Construction Drawings, Construction Specifications, and Estimated Cost Update TASK No. 8 60% DESIGN REVIEW MEETING After 60% design is complete, TKE will forward 4 copies of the drawings with pdf electronic copies to the City for review. After the City staff has completed their review, TKE will meet with staff to acquire comments. TKE anticipates that a final alignment for the pipeline will be determined at the meeting. In addition, TKE will discuss potential right-of-way issues including temporary construction right-of-way, critical utility interferences and verification desires. TKE will also discuss the project schedule. Deliverables: Meeting Notes and Updated Project Schedule TASK No. 9 PERMITTING TKE has vast experience coordinating with and obtaining permits from numerous agencies and will include permit acquisition from regional agencies such as State Water Resource Control Board, California Department of Public Health, Department of Drinking Water, Southern California Edison, Caltrans, San Bernardino County Flood Control District, Southern California Gas Company and the City of Loma Linda. TKE has developed a working partnership and extensive knowledge of each agencies requirements and is currently working with a number of these agencies on other projects and has developed an effective working partnership that will result in expedited permit issuance. TASK No. 10 90% DESIGN TKE will incorporate the City's 60% comments and provide the City revised drawings and estimates. After 90% design is complete, TKE will forward 5 copies of the drawings, specifications, and estimates together with a pdf electronic copy to the City for review and comment. TKE will meet with staff after their reviews are completed to obtain comments. Deliverables: Construction Drawings, Construction Specifications, and Estimated Cost Update TASK No. 11 90% DESIGN REVIEW MEETING After the 90% design documents are complete, TKE will forward the documents together with the updated construction cost estimates to the City staff for review and comment. TKE will meet with staff after their reviews are completed to obtain comments. 11 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx Deliverables: Meeting Notes and Updated Project Schedule TASK No. 12 100% DESIGN After receiving final approval on the drawings, TKE will provide the City with hard (Mylar drawings) and digital copies for final approval. In addition, TKE will prepare final construction specifications, cost estimate and construction schedule. Deliverables: Final Drawings, Specifications, Estimate, and Schedule TASK NO. 13 BIDDING AND CONSTRUCTION ASSISTANCE TKE will attend the pre -construction conference and coordinate with the project team, including the City staff, inspector, geotechnical engineers, and other agency staff. TKE will review and respond to RFI's, RFC's, and substitutions (including written clarification requests and change -in - plan drawings) regarding the contract documents in order to ensure that the improvements are constructed in compliance with the construction documents. TKE will provide said responses as required to minimize delays in construction. All RFI's and RFC's will be logged, including content of inquiry and date relayed and date of response. Deliverables: Pre -bid meeting preparation, and attendance 12 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx ID Task Name EXHIBIT "B" PROJECT SCHEDULE Duration Start Finish 1 Project Administration 160 days Mon 12/4/23 Wed 7/31/24 2 Initial "Kick Off" Meeting 1 days Mon 12/4/23 Mon 12/4/23 3 Records Research 15 days Mon 12/4/23 Fri 12/22/23 Topographic Survey 15 days Mon 12/11/23 Fri 12/29/23 5 Base Construction Drawings 20 days Mon 1/1/24 Fri 1/26/24 10 Environmental Compliance Field Reconnaissance 60% Design 60% Design Review Meeting Permitting 10 days Mon 1/29/24 1 days Fri 1/26/24 :30 days 1 days 40 days Fri 2/9/24 Fri 1/26/24 Mon 2/12/24 Fri 3/22/24 Fri 4/5/24 Mon 3/25/24 11 90% Design 25 days 12 90% Design Review Meeting Fri 4/5/24 Fri 5/17/24 Mon 4/8/24 Fri 5/10/24 1 days Fri 5/10/24 Fri 5/10/24 13 100% Design 15 days Mon 5/13/24 'Fri 5/31/24 14 Bid & Award 60 days Mon 6/3/2024 Wed 7/31/2024 13 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx EXHIBIT "C" COST PROPOSAL Task No. Task Design Scope of Services 1 Initial Kickoff Meeting 2 Records Research 3 Topographic Survey 4 Base Construction Drawings 5 Environmental Compliance 3) 6 Field Reconnaissance 7 60%Design 8 60% Design Review Meeting 9 Permitting 10 90%Design 11 90% Design Review Meeting 12 100% Design 13 Bidding and Construction Assistance Rates: Project Manager Project Engineer Senior Surveyor Associate Engineer Assistant Engineer/Designer Clerical Survey Crew $ 170 /HR $ 160 /HR $170/BR $ 150 '/HR $ 140 /HR $ 90 /HR $ 250 /HR Total $ 1,600 $ 3,280 $ 28,140 $ 24,760 $ 50,270 $ 15,240 $ 109,226 $ 1,600 $ 7,560 $ 43,920 $ 1,600 $ 22,880 $ 6,260 Subtotal: $ 316,336 Reimbursables (@3%)1'I:! $ 9,490 Design Total::: $ Rounded Design Total: $ 10% Contingency $ TOTAL COST $ 325,826 325,800 32,580 358,380 14 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msI: \cmo \Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx 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 ✓ 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. TKE ENGINEERING, INC. By: Terry Ren�ar,r. Vice President Date: 10/23/2023 15 I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msL\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- 0286.docx