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HomeMy WebLinkAboutReso. 1990-401 - Authorizing the mayor ro sign the "agreement for professional services" 410 410 RESOLUTION NO. 1 010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "AGREEMENT FOR PROFESSIONAL SERVICES" BETWEEN THE CITY OF REDDING AND BOYLE ENGINEERING CORPORATION TO COMPLETE THE FINAL DESIGN AND PREPARE CONSTRUCTION DOCUMENTS FOR THE CHURN CREEK LIFT STATION, IN THE AMOUNT SET FORTH BELOW. IT IS HEREBY RESOLVED ; by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the "Agreement for Professional Services" between the City of Redding and Boyle Engineering Corporation to complete the final design and prepare construction documents for the Churn Creek Lift Station; that said contract not exceed $132 ,800 .00 , being the fixed fee of $122 ,800 .00 plus $10 ,000 .00 for contin- gencies to cover any City-initiated changes in the scope of work. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City Council of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. 3 . That a true copy of said Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of h ' • • the City of Redding on the 7th day of Aug. , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl , Fulton, Moss, Buffum NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Arness ABSTAIN: COUNCIL MEMBERS : None -)17ANC .'UFFUM,'' ayor Cit of Redding ATTEST: ETHEL A. NICHOLS , City Clerk FO' `'PPROVED: RA 4ALL A. HAYS , City Attorney -2- • • • I' . IBJ j;. AGREEMENT FOR PROFESSIONAL SERVICES 1!, THIS AGREEMENT,entered into at on the day of , 19 , by and between City of Redding, CA; a municipal corporation hereinafter called "Client," and BOYLE ENGINEERING CORPORATION, a California corporation, hereinafter called "Boyle," is as follows: The Client engages Boyle to perform professional services for a project known and described as Churn Creek Lift Station 11 , hereinafter called the "Project." I The Client and Boyle, for mutual consideration hereinafter set forth, agree as follows: A. Boyle agrees to provide and perform certain professional services for Client upon the Project as follows: As set forth in specific Task Orders to be issued by Client and II i accepted by Boyle. B. Period in which services are to be rendered: As set forth in each Task Order. C. Client's responsibility shall be as follows: As set forth in each Task Order. D. Client agrees to pay Boyle as compensation for its services as follows: As set forth in each Task Order. E. Addendum "A" to this Agreement is attached hereto and incorpora- ted herein as though set forth in full. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated, and on the reverse side hereof, the day and year first above written. BOYLE ENGINEERING CORPORATION • (Boyle) dtittic (Client) 'gyBy ' Title r'1+Qnliiliu Title III F • Addendum "A" to Agreement for Professional Services This is Addendum 'A" to the Agreement for Professional Services dated 1990 ('Agreement') between the City of Redding, California, a Municipal Corporation ('Client'), and Boyle Engineering Corporation ('Boyle". !! I The following provisions are added to the Standard Provisions of Agreement. 1 22. Compensation and Method of Payment Payment will be based on lump sum fees mutually agreed upon under Task Orders as set forth therein. 23. Changes The Client may, from time to time, request changes in the scope of the services of Boyle to be performed hereunder. Such I. changes, including any increase or decrease in the amount of Boyle's compensation, which are mutually agreed upon by and between the Client and Boyle, shall be incorporated in written amendments to this contract. 24. Termination of Contract for Cause If through any cause, Boyle fails to fulfill in a timely and proper manner its obligations under this contract or if Boyle violates any of the covenants, agreements, or stipulations of this contract, the Client shall thereupon have the right to terminate this contract by giving written notice to Boyle of such termination and specifying the effective date thereof at least five days before the effective date of such termination. In such event, all finished documents and workpapers a prepared for the Client p p by Boyle become the Client's property, and Boyle shall be entitled to receive just and equitable compensation for any satisfactory work performed. 25. Conflict of Interest Boyle agrees that it presently has no interest and shall acquire no 1, interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. Boyle further agrees that, in the performance of the agreement, no person having any such interest shall be employed. I , , • • ,is 26. Assignability Boyle shall not assign any interest in this contract and shall not ' , transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Client provided, however, that claims for money due or to become due to Boyle from the Client under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in I,, bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Client. 27. Personnel a. Boyle represents that it has or will secure, at its own expense, all necessary personnel required to perform the services under this contract. Such personnel shall not be employees of or have any ,j contractual relationship with agencies providing funds for the project. b. All of the service required hereinafter shall be performed by Boyle or under its supervision, and all personnel engaged in performing the services are to be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. Except as hereinabove agreed, no other portion of the services nor any right, title, or interest hereinunder this contract shall be assigned, transferred, conveyed, or subcontracted without the prior written approval of the Client. '; d. Any changes or substitutions in Boyle's personnel as set forth herein must be made known to the Client's project manager; and the Client's project manager shall execute a written approval before said change or substitution can become effective. 28. Boyle, in accordance with its status as an independent consultant, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the Client, and that it will not make any claim, demand, or application to, or for any right or privilege applicable to an officer or employee of the Client, including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage or retirement membership credit. i - • • 29. Insurance a. Boyle shall procure and maintain during the entire period of performance under this agreement the following minimum i; insurance coverage: 1J'' (1) Comprehensive General Liability Insurance - Two hundred and fifty thousand dollars ($250,000) combined single limits. (2) Automotive Liability Insurance - Two hundred and fifty thousand dollars ($250,000) combined single limits. Prior to commencement of work, Boyle shall furnish to the Client a certificate of I, insurance showing the above required insurance coverages are in effect and naming the Client, its agents, officers and employees as additional insureds. The certificate shall guarantee the Client at least ten (10) days written notice of cancellation or reduction in coverage. ' b. The Client requires evidence of workers' compensation insurance and it shall meet the minimum requirements of the California Labor Code. A certificate of insurance shall be furnished to the Client showing that the workers' compensation insurance coverage is in effect and shall guarantee the Client at least ten (10) days written notice of cancellation or reduction in coverage. 30. Ownership, Publications, Reproductions, and Use All finished documents and materials prepared pursuant to this I' agreement are the property of the Client. The Client shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any finished reports, data, or other materials prepared under this agreement. 31. Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent, or employee of the Client, either before, during, or after the ' execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle Boyle to any additional payment whatsoever under the terms of this contract. is 1 !' I , • • t► IIS I 32. Force Majeure Boyle shall not be in default by reason of any failure to perform this agreement in accordance with its terms (including any failure !I by Boyle to make progress in the performance of the work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of Boyle and its subconsultants. Such causes may include, but are not restricted or limited to, acts of God or of the public enemy, acts of thegovernment in either its sovereign or Y� 9 contractual capacity, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform must be beyond the control and without the fault or negligence of Boyle and its subconsultants. 33. Liquidated Damages Failure of Boyle to complete the work within the time allowed will result in damages being sustained by the Client. Such failure if any, shall be subject to the subject terms of paragraph 32 above and client approved time extensions. Such damages are, and will continue to be, impractical and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work (December 31, 1990) Boyle shall pay to the Client, or have withheld from monies due it, the sum of $500.00, per calendar day. 34. The Client will require that any Contractor performing work in connection with the construction contract documents produced under this II Agreement hold harmless, indemnify and defend Client, Boyle, their consultants, and each of their directors, officers, agents and employees from any and all liability, claims, losses, damage and costs, including attorney's fees, arising out of or alleged to arise from the Contractor's negligence in the performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of the Client, Boyle, their directors, consultants, or their officers, agents and employees. ,I it • S The obligations of the Contractor under this article shall not extend to the liability of Boyle and its consultants, and each of their directors, officers, agents, and employees arising out of or resulting from or in connection with the preparation or approval of maps, drawings, opinions, reports, • surveys, designs or specifications, providing that the foregoing was the sole and exclusive cause of the loss, damage, or injury. • • The Client will require the Contractor to provide workers' compensation and comprehensive general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Contractor's indemnity, as above required; and such insurance • shall include the Client, Boyle, their consultants, and each of their directors, officers, agents and employees as additional insureds. li , The insurance afforded to these additional insureds shall be primary 11 insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of the insurance provided under this I I article shall not be reduced or prorated by the existence of such other insurance. Within five (5) working days of Client's receipt of the fully executed construction contract documents, the Client agrees to forward to Boyle a complete certified copy of the same. The documents copied to Boyle will include, but not be limited to, the executed agreement, bonds, and all •Irequired insurance certificates and endorsements. The Client agrees that in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply continuously and not be limited to normal working hours. I '. II_ The following are modifications to the Standard Provisions of Agreement. 1. Delete Paragraph 5 from the Standard Provisions. Replace it with the following: .I • , •• • 'Any use of completed documents for other projects, or any use of uncompleted documents, shall be at the sole risk of the Client and without liability or legal exposure to Boyle, and the Client shall hold harmless, indemnify, and defend ify, Boyle from any and all claims, damages, losses or expenses arising from any such use,' I j 2. In Paragraph 13 of the Standard Provisions, delete the second sentence and replace it with the following: 'Notwithstanding anything in this Agreement to the contrary, in the event any damage, liability, losses, expenses or costs, including attorney's fees, is the result of a negligent act, error, or omission of any Party to this Agreement, or any person employed by them, and arises out of the performance of this Agreement and/or the contract(s) with the Client, said Party shall indemnify, defend and hold the other Party harmless therefrom.' ; ! • • TASK ORDER NO. 1 CLIENT: City of Redding I ' CONSULTANT: Boyle Engineering Corporation I , DATE ISSUED: I� ISSUED PURSUANT TO AGREEMENT DATED: I PROJECT IDENTIFICATION: Churn Creek Lift Station Contract Document Preparation DESCRIPTION OF SERVICES, FEE AND SCHEDULE: Description of Services, and Consultant Fee, See Exhibit A Schedule, See Exhibit B ;I; DATE: Ma; I (R QCT BY: git,j(Y(yrtx/ Pipli KtYA1i Rh-Mar TI LE 15katia-t*A9 DATE: BY: I 1 TITLE I, . 11 11 it 1 • • • I I', EXHIBIT A SCOPE OF WORK ;. Task 1 - Design Development a. Collect and review information available for design of the proposed Chum Creek Lift Station b. Perform cursory engineering analysis of design flow determined in predesign report c. Perform hydraulic analysis to determine sizes of system components d. Verify gravity wastewater line sizes e. Determine criteria for standby power f. Review survey and geotechnical information to be furnished by the City of Redding (City) g. Determine preliminary horizontal and vertical alignment of pipelines h. Review locations of existing utilities !"' i Prepare preliminary construction cost estimate j. Attend a total of four working sessions or coordination meetings with City staff k. Prepare and present preliminary design in Design Report Task 2 -Contract Document Preparation a. Contact utility companies to verify existing utilities potentially affected by the new facility b. Prepare approximately seventeen contract drawings on Standard City 22"x34" mylars at a scale of 1 inch = 20 feet or larger, drawings will , include site plans, plans and details of wet wells and control building, plan and profile of force main and gravity wastewater pipelines c. Prepare project manual with "Word Perfect 5.0" word processing software, or approved equal d. Submit 30%, 50%, 90% and 100% design completion for City review i e. Prepare construction cost estimates at 50% and 100%design completion f. Assist City to obtain permits that may be required for construction Task 3 - Bid Period Assistance �! i II • • b. Conduct prebid conference c. Field questions that bidders may have d. Issue addenda if necessary 'I . e. Conduct bid opening f. Tabulate and evaluate bids ,, Task 4 - Construction Review I! a. Attend pre-construction meeting j b. Review shop drawings and submittals c. Attend monthly client meeting '! d. Clarify construction document I ; e. Attend station start-up and prepare punch list f. Prepare operation and maintenance manual g. Conduct final inspection with City staff h. Prepare record drawings with information provided by Contractor Deliverables Task 1 - Four (4) copies of Design Development Report I Task 2 - Four (4) copies each of 30%, 50%, 90% and 100% design completion of r drawings and specifications. L,. Fifty (50) sets of bid documents Task 3 - Two (2) copies of bid tabulation Task 4 - Three (3) copies of operation and maintenance manual One set of original record drawings Information to be provided by City of Redding 1. Technical memo on preliminary pump station design. 2. Topographic survey of the site and pipeline routes. 3. Locations and flowlines of existing manholes or pipelines to be connected to. II 4. Preliminary force main profile. II P • I • • 5. Geotechnical exploration report. Consultant Fee The Consultant fee is based on services described in Task Order #1 with a lump sum amount of$122,800. I i,. 1 ii IIS li. IN I' II , III I i EXHIBIT B ,I PROJECT SCHEDULE Tentative schedule for completion of tasks identified in EXHIBIT 'A' -Scope of Work is shown as follows: Task Description Estimated Completion Date 1. Design Development August 30, 1990 2. Contract Document Preparation December 31, 1990 3. Bid Period Assistance January 31, 1991 1 4. Construction Review (Dependent on Construction schedule) October 15, 1991 ii I ' I ,I III;