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HomeMy WebLinkAboutCoastland Civil Engineering 2020-03-05COU No. 1920-231 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES [Design Professional] This Agreement, made and entered into this 5`"_day of March, 2020 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Coastland Civil Engineering, Inc., a California Corporation, organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to engineering design series for the Clara Avenue Phase 2 project. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete the updated plans and specifications before April 15, 2020, and the balance of the work by June 30, 2020. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $25,240. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and COU No. 1920-231 expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not -to -exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope -of - Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope -of -Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub -consultants shall be included within guaranteed not -to -exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. PAGE 2 OF 7 COU No. 1920-231 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. PAGE 3 OF 7 COU No. 1920-231 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per claim and annual aggregate. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope -of -protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. PAGE 4 OF 7 COU No. 1920-231 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final approved invoice. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, after notice to Consultant that City has paid the premium, the cost of insurance may be deducted from the compensation otherwise due the contractor under the terms of this Contract. G. Subcontractors Consultant shall include all sub -contractors or sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor or sub -consultant. All coverage for sub -contractors or sub -consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all PAGE 5 OF 7 COU No. 1920-231 costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope -of -Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub -contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, PAGE 6 OF 7 COU No. 1920-231 subject to off -set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPT. OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482-5400 COASTLAND CIVIL ENGINEERING, INC. HEIDI UTTERBACK, PE 1400 NEOLOMAS AVENUE SANTA ROSA, CALIFORNIA 95405 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: PRINT NAME: UoI'r i-- 6S-025-672 35 IRS IDN Number CITY OF UKIAH BY: SAGE SA COMO CITY M AGER ATTEST 3-q-zo Date v 3/c) Date 3-13-2o2o C TY CLERK Date PAGE 7 OF 7 March 2, 2020 ATTACHMENT A CDABTLAND CIVIL ENGINEERING - CONSTRUCTION MANAGEMENT - BUILDING DEPARTMENT SERVICES Mr. Tim Erickson Director of Public Works/City Engineer City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Subject: Proposal for Engineering Design Services for the Clara Ave Phase 2 Project Dear Tim, In follow-up to your request and our phone meeting on February 25, 2020, I am pleased to provide you with this letter proposal for the design of improvements associated with the Clara Avenue Phase 2 project. Project Understanding Coastland prepared the 100% complete Clara Avenue Phase 2 improvement plans and engineer's estimate of construction costs in July 2012. At that time the City did not have funds available for the construction improvements and the project was shelved. We now understand the City has CDBG and local funds to cover the construction costs and would like to move forward with refreshing the improvement plans as well as preparation of specification documents and put the project out to bid. The City also wants to add replacement of the sewer main, laterals and manholes along the entire length of Clara Ave. Sewer lateral replacements will include a cleanout placed at the back of sidewalk. Where possible the sewer main will need to be placed horizontally 10 feet from the water main. There may be some areas along Clara where its infeasible to obtain the 10' horizontal separation due to other utilities, and the new sewer main will need to be specified as a higher -pressure class of pipe per State Water Resources Board, Division of Drinking Water requirements. The City would also be required to file a waiver with the State Water Resources Board. As it has been almost 8 years since the improvement plans were completed, we will need to spend some effort updating the documents to current standards and site conditions. We will conduct a site review of the entire length of the project and assess any changed conditions that need to be reflected on the improvement plans. We understand there have been some improvements at the Mason Street intersection for the NWPR Trail project since the plans were completed in July 2012. We will need to update the plans to reflect these improvements as well as eliminate the bulb outs and adjust the ramp configurations at Mason to conform/connect to the newly constructed trail. The City will be providing survey information for the areas that have changed conditions (Clara and Mason intersection). The City's survey will need to be on the same horizontal and vertical datum as the original survey that Cinquini and Passarino did for the Clara Avenue project in 2009. The City will provide us with their most current front-end boiler plate specifications as well as any required language/forms that need to be included per CDBG funding requirements. Technical specifications will be prepared in accordance with Caltrans 2018 Standard Specifications. Santa Rosa Auburn Pleasant Hill Fairfield 1400 Neolomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue Ste 1000 324 Campus Lane Ste A Santa Rosa CA 95405 Auburn. CA 95603 Pleasant Hill CA 94523 Fairfield CA 94534 Tel. 707 571 8005 Tel: 530.888.9929 Tel 925 233 5333 Tel 707 702 1961 www.coastlandcivfl.com With respect to environmental clearances for this project, it is our understanding that the City will be obtaining any necessary environmental clearances. Accordingly, environmental clearances are not included in our scope of services. Based on the above understanding of the project, we have prepared the following scope of work and estimated fee for your consideration: SCOPE OF WORK Task 1 — Meetings with City We will attend one (1) meeting with the City Public Works staff to discuss project details, goals and to coordinate efforts. Task 2 — Background Information Coastland will assemble all of the available recent City information pertaining to the project including as -built drawings, GIS files and any additional pertinent information for the project. We will conduct a field review and take digital photos of the project site. We will also observe existing conditions against the July 2012 improvement plans and note any changed conditions. Due to the project being on hold for almost 8 years, Coastland will coordinate with outside utility companies to ensure that we have the most current information on existing facilities. This task will include writing letters to PG&E, AT&T and Comcast, informing them of the project and requesting their facility drawings. Task 3 — Topographic Survey The City will survey and provide electronic files of the survey information to Coastland to incorporate into the improvement plans. The City's survey shall be on the same horizontal and vertical datum as the original survey for the project that was done by Cinquini and Passarino. Task 4 — 100% Submittal Following our background efforts and receipt of the City's topographic survey, we will prepare the 100% submittal. The 100% improvement plans will show the proposed lines, grades and extent of the proposed curb, gutter, sidewalk, roadway and sewer improvements. If required, we will prepare the waiver forms and submittal to State Water Resources Board for sewer mains with less than 10 feet of horizontal separation from the water main. As part of the submittal, we will prepare front end and technical specifications and an estimate of probable construction costs. This proposal assumes the City will provide the front-end specification boiler plate Word document. Coastland's Construction Management Department will perform a constructability review of the contract documents. Through this review, we will help minimize change orders and potential claims. We will provide stamped and signed archival quality mylar drawings, and camera-ready signed and stamped specifications We will also provide the City with electronic copies of the documents (PDF - plans, Word -specifications and Excel -engineer's estimate). Task 5 — Bidding Support It is our understanding the City will advertise, reproduce and distribute bid documents. During the bidding process, we will provide bid assistance to the City to answer any questions that may arise. This will include assisting the City with clarifications or preparing an addendum that may be necessary. Schedule Coastland is prepared to begin work upon receipt of a Notice to Proceed. We have prepared the following schedule based on the above scope of work. This schedule assumes a notice to proceed by March 9t, 2020. Clara Ave Phase 2 - Project Design Schedule Y�cik� ( fA,+r 20 A;:: 2) Mai .0 1 ,u• 2) :.l.,4 Notice to Proceed 1 Meeting with City EIZII11311,UN■ 2 Background Intonation 3 weeks Tom• 3 Topographic SwVey Say City) 2 weoks 1 $66% Submittal _ :tYty Signature and Aud odsdfen to 6 3 weeks 2 weeks Bidding Support 4 weeks Exceptions The following work is not included in our proposal. However, Coastland would be pleased to provide these services if the Town desires: • Environmental assessments and clearances • Public participation efforts. • Meetings beyond those noted above. • Potholing and associated survey efforts. • Council presentation or other staff presentations. • Construction Design Support • Record Drawings WORK ESTIMATE Based on our Scope of Work, we have prepared a detailed budget that identifies staffing rates, total cost per task, and direct expenses (see work estimate on the following page). We are proposing that the design services associated with this project can be completed for a not -to -exceed fee of $25,240. This amount assumes all of the work for this project will fall under the Scope of Work described in our proposal. If additional work is necessary that falls outside of this scope of work, we can either re- negotiate a new scope of work or provide these services on a time and materials basis per our adopted schedule of hourly rates. Lam• DESIGN WORK Proposal for Professional ESTIMATE Engineering City of Ukiah Clara Ave Phase 2 services Task Information Billin Classification & Rate TASK Project h9nager Senior Engineer Assistant Engineer 1 CAD Deaver Admin Conal Manager TOTAL 110tHtS TOTAL fEi NOTES S195 8160 8140 8140 590 $185 1 MEE11MOS WITH WY Orl P grecs MYetngs (1) 4 ( j Subtotal f I I 4 87805780 2 BACKGROUND lP FORMATION Background Mformation 2 2 4 8 $1.230 Field Re4ew & Photo log 6 8 12 52,010 UalityCoordtnabon 1 4 4 8 51.315 Subtotal 29 54.555 3 TOPOGRAPHIC SURVEY _ Topographic Suc ybyCity Coordinate with Surveyor g 6 2 4 Subtotal 4 100%SUBMITTAL Improemant Plans 8 12 48 , r r Specrbeabons 4 16 2 Coal Ea Imola 1 8 2 , r QkOC Renew 4 4 Subtotal 5 BID01.14OSLPPORT {Bid — I 6 Contract Assistance Subtotal --11-- 1 Direct Costs(repro mlleace) l I rotal Design Cost 3: , ,1 45 $252.1U If the City wishes to modify the proposed Scope of Work, we would be happy to discuss such a change and how it would affect the overall project cost. We greatly appreciate the opportunity to provide this proposal and look forward to serving the City of Ukiah again. Please feel free to contact me if you have any questions or are in need of additional information. Sincerely, /"44d/ Heidi Utterback, PE Supervising Engineer / Principal Attachments: Schedule of Hourly Rates Cc: John Wanger ATTACHMENT B (CDABTLAND SCHEDULE OF HOURLY RATES July 01, 2019 through June 30, 2020 PROFESSIONAL SERVICES Principal Engineer $200-220/hour Supervising Engineer $170-200/hour Senior Engineer $155-180/hour Associate Engineer $140-155/hour Assistant Engineer $125-140/hour Junior Engineer $115-130/hour Engineering Assistant $120-150/hour Senior Engineering Technician $140-160/hour Engineering Technician $120-140/hour Engineering Aide $95-115/hour Resident Engineer $155-180/hour Construction Manager $160-180/hour Construction Inspector* $130-165/hour Construction Administrator $85-95/hour Building Plan Check Engineer/Architect $140-175/hour Building Official and/or CASp $150-180/hour Supervising Building Inspector $150-170/hour Senior Building Inspector $120-145/hour Building Inspector (I & II) $95-125/hour Senior Plans Examiner $125-140/hour Plans Examiner (I & Il) $105-120/hour Supervising Permit Technician $115-130/hour Senior Permit Technician $95-115/hour Permit Technician (1 & 11) $85-95/hour Administrative $85-95/hour VEHICLE $15-20/hour MILEAGE $0.68/mile" OUTSIDE SERVICES Cost + 15% MATERIALS Cost + 15% • Computer time is included In the hourly rates used above. • When applicable, mileage or vehicle rates will be charged, but not both. • Includes services subject to prevailing wage rates. Rev. 06110/19