HomeMy WebLinkAboutAEI-CASC Consulting-2006-06 •
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Professional Services Agreement
This Agreement is entered into at Grand Terrace,California,made this 21'day of February,2006,by and between:
Client: Consultant:
Name: City of Grand Terrace Name: AEI-CASC Consulting
Address: 22795 Barton Road Address : 937 S. Via Lata,Suite 500
Grand Terrace,CA 92879 Colton,CA 92324
Phone: 909-776-0246 Phone: 909-783-0101
FAX: 909-783-2600 FAX: 909-738-0108
Client and Consultant Agree As Follows:
Client intends to retain AEI-CASC Consulting to perform civil engineering services for the City of Grand Terrace 48-Inch Water
Supply Pipeline,hereinafter called"Project".
A. Consultant agrees to perform the following scope of services:
Provide construction management and related services as set forth in the Scope of Services(Exhibit A).
B. Client agrees to compensate Consultant for such services as follows:
Consultant shall be compensated as set forth in the Fee Proposal(Exhibit B),with a not to exceed upper limit of$75,780.00
C. This Agreement is subject to provisions 1 through 9 contained herein, and the terms and conditions contained in exhibits
attached herewith and made a part hereof. (List exhibits below.)
1. Exhibit A: Scope of Services
2. Exhibit B:Fee Proposal
3. Exhibit C:Rate Schedule
Terms and Conditions
Client and Consultant agree that the following provisions shall be part of their agreement:
1. Standard of Care. Consultant shall perform its services,in accordance with the agreed-upon scope and schedule,using that
degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar
circumstances. Consultant makes no warranty or guarantee, expressed or implied, and all implied warranties are expressly
excluded. Consultant rejects those terms and conditions offered by Client in its purchase order, requisition, or notice of
authorization to proceed which are not set forth herein and expressly accepted by Consultant in writing.
2. Billings and Payment. All fees and other charges will be billed monthly and shall be due net thirty (30) days unless
otherwise specified in this Agreement. Client shall review the invoice and notify Consultant within ten(10)days of Client's
receipt of invoice if Client disputes,in good faith,any portion of the invoice. Client shall pay the undisputed portion of the
invoice without delay. Amounts more than thirty (30) days past due shall be subject to a late charge of one and one-half
percent(1 ''A%)per month. Client is hereby notified that documents or materials produced under this Agreement will not be
released to agencies or Client unless Client's account is current.
3. Ownership of Instruments of Service. All reports, plans, specifications, field data and notes and other documents,
including all documents on electronic media, prepared by Consultant as instruments of service under this Agreement shall
remain the property of Consultant.
4. Changes in Governmental Requirements. Consultant's scope and fee under this contract are based on governmental
ordinances, policies, procedures or requirements in effect as of the date of this Agreement. Any changes in ordinances,
policies, procedures or requirements enacted after the date of this Agreement may require additional office or field services
which shall be paid for by Client as extra services.
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5. Limitation of Liability. In recognition of the relative risks and benefits for the project to both the Client and Consultant,the
risks have been allocated such that the Client agrees to limit the liability of Consultant to the Client and to all construction
contractors and subcontractors on the project for any and all claims,losses, costs,damages or any nature or claims expenses
from any cause so that the total aggregate liability of the Consultant shall not exceed $50,000.00, or three times the
Consultant's fee for services rendered on this project, whichever is greater. Such claims and causes include, but are not
limited to negligence,professional errors or omissions,or breach of contact.
INITIALS:CLIENT: CONSULTANT:
6. Hazardous Materials. Client acknowledges that Consultant's scope of services for this project do not include any services
related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such
materials on the job site,or should it in any other way become known that such materials are present or may be present on the
job site or any adjacent or nearby areas which may affect Consultant's services,Consultant may,at its option,terminate work
on the project until such time as Client retains a specialist contractor to abate and/or remove the asbestos and/or hazardous or
toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.
7. Termination. This Agreement may be terminated by either party upon fourteen(14) days written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party.
Client shall only be responsible to pay for services up to effective date of termination.
8. Entire Agreement. This Agreement contains the entire agreement between Client and Consultant relating to the project and
the provision of services to the project. Any prior agreements, promises, negotiations or representations not expressly set
forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed
by both Client and Consultant.
9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
In the event party institutes litigation to enforce or interpret the provisions of this Agreement,such litigation is to be brought
and adjudicated in the appropriate court in the county in which Consultant's principal place of business is located.
IN WITNESS WHEREOF,the parties hereby execute this Agreement upon the terms and conditions stated above.
Client: CITY ERRACE Consultant: -CAS /•l SULTING
��i '/ By: /
By: .
Name/Title: Thomas Schwab, City Manager Name/Title: Rick .Sidor P.E. Principal
Dated Signed 3/1/06 Project No. License No. Civil-42966
48"WATER SUPPLY PIPELINE
CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
EXHIBIT A
SCOPE OF SERVICES
I. CONSTRUCTION MANAGEMENT
A. PRE-CONSTRUCTION MEETING
The Consultant shall coordinate one pre-construction meeting for the project. The Consultant shall
prepare a meeting agenda, shall provide notice of the meeting to parties with direct interest in the project,
shall chair the meeting,and shall distribute a meeting summary to all meetings attendees.
B. WEEKLY CONSTRUCTION MEETINGS
The Consultant shall conduct weekly meetings. For each meeting, the Consultant shall prepare an
agenda, shall provide notice of the meeting to parties with direct interest in the current phase of the
project, shall chair the meeting,and shall distribute a meeting summary to all meetings attendees. The
agenda for each meeting will focus on follow up on action items from previous meetings,work
accomplished,work to be performed,and other items related to efficient conduct and prosecution of the
work. The meeting will include a discussion of the Contractor's schedule. The consultant shall also
request a copy of daily inspection reports prepared by the inspector. The budget estimate is for 29 weekly
meetings.
C. MONITORING PROGRESS
The Consultant shall review the Contractor's schedule and the Inspector's daily reports(both obtained at
the Construction Meeting). The purpose of this review is to verify progress of the work and to
determine,based on the findings of the Inspector that the work is in conformance with the contract
documents. If deviations from the schedule or the contract documents are identified,they will be placed
on the agenda for a Construction Meeting for discussion with the Contractor and the Inspector, unless
said deviation requires immediate intervention. The budget estimate is for 29 weeks of monitoring
progress.
The Consultant shall prepare a weekly Progress Report and shall submit the same to the City of Grand
Terrace. The Progress Report will cover work through the previous week,and will be submitted to the
City every Monday.
D. INVOICE REVIEW
The Consultant shall review the Contractor's monthly Progress Payment Request to determine if the
amounts being requested are in conformance with the contract documents. The Consultant's review shall
consider the findings and certifications of the Inspector,information obtained in the Construction
Meetings,and other information deemed appropriate by the Consultant to support a recommendation to
the City. The Consultant shall review monthly Progress Payment Recommendation to the City on or
before the first City business day following the seventh day from receipt of the Progress Payments
Request from the Contractor. The Consultant shall maintain a spreadsheet database and report to
facilitate updating work in place data,and calculation and efficient processing of the payment requests.
The budget estimate is for review of seven monthly invoices.
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CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
E. COORDINATE REQUESTS FOR INFORMATION AND SHOP DRAWINGS REVIEW
The consultant shall receive Requests for Information(RFIs)and Shop Drawings from the Contractor.
Each RFI and Shop drawing shall be stamped with the date received,entered into the RFI or Shop
Drawing Log,and then directed to the Design Engineering Firm for review and approval. Upon receipt
of the Design Engineering Firms' recommendations,the recommendation will be stamped with the date
received, the recommendation will be entered into the log,and the RFI and Shop drawing returned to the
Contractor for appropriate action. The Consultant shall maintain a copy of RFI and Shop Drawing
submittals and recommendations. The status of RFIs and Shop Drawings shall be discussed at
Construction Meetings. The budget estimate is for a combined total of 10 RFIs and Shop Drawings.
F. CHANGE ORDER PROCESSING
The Consultant shall receive written change order requests from the Contractor. Upon receipt of a
change order request,the Consultant shall stamp the request with the current date,the change order
request shall be entered into the Change Order Log, and the consultant shall commence review of the
change order. The Consultant shall gather information pertinent to the Change Order and based on the
information reviewed;prepare a recommendation to the City with respect to appropriate action on the
change order. The status of change orders shall be reviewed at Construction Meetings. The budget
estimate is for processing two change orders.
G. PROJECT CLOSEOUT
Upon receipt of notice from the Contractor that completion of the work is forth coming,the Consultant
shall perform one job walk with the Contractor and the Inspector for the purpose of preparing a punch list
of work to be completed. The Consultant shall review the punch list with the Inspector and the City,and
with concurrence from the City,shall deliver the punch list to the Contractor. The Consultant shall then
meet once with the Inspector to receive the Inspector's verification that punch list items are complete.
Once the punch list is complete, the Consultant shall submit a recommendation to the City to accept the
project as complete. Upon concurrence by the City, the Consultant shall prepare a Notice of Completion
for execution and recordation by the City.
II. CONSTRUCTION SURVEY STAKING
A. AEI-CASC Engineering will provide one set of survey construction stakes at pipe connections,
grade breaks, fittings, and at appurtenances.
III. COORDINATION
A. The Consultant shall coordinate the work with parties with a direct interest in the project, including the
Design Engineering firm. AEI-CASC Engineering will provide up to forty(40)hours of meetings and
coordination time with parties other than the construction contractor and the City of Grand Terrace.
These parties include,but are not necessary limited to the Design Engineering Firm, staff at the City of
Riverside,the soil-testing firm,and other parties such as utility companies in support of the
Construction of the project. Time is to bill only as incurred. Additional time will be billed on a time
and material basis in accordance with our standard fee rate schedule. When necessary,coordinate with
the Project Design Engineer to communicate Requests for Information by the contractor,and coordinate
the preparation of Change Orders.
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CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
B. The Consultant shall coordinate the work with the Union Pacific Rail Road for the purpose of obtaining
permission for the Bore and Jack 60"Casing,and installation of the water supply line through the Rail
Road Right of Way. AEI-CASC will provide up to twelve(12)hours of meeting and coordination time
exclusive to this task. Time will only be billed as incurred. Additional time will be billed on a time and
material basis in accordance with our standard fee rate schedule. All permit fees, insurances and other
costs shall be borne by the City. AEI-CASC shall mark up by 15%the amount of any payment the City
request be made by AEI-CASC on behalf of the City.
IV. COMPACTION TESTING SERVICES
The Consultant will arrange for backfill observation and compaction testing services to be provided by
another firm. The purpose of the backfill observation and compaction testing is to confirm the placement
of materials and density of trench backfill and pavement subgrade as a means of providing information to
the City of Riverside Inspector and City of Grand Terrace Inspector for consideration in making their
determination regarding the compliance of the backfill and/or subgrade with the contract documents.
Backfill observations and compaction test results will be provided to the Inspector. Backfill observations
and compaction testing under this provision are not intended to direct the Contractor's means or methods
for placement or compaction of backfill or subgrade materials. The Contractor shall conduct its own
independent testing to determine its means,methods,and results of backfill and compaction efforts.
Compaction testing shall be provided on a time and materials basis in accordance with the Consultant's
schedule of fees and the testing firm's schedule of fees. The following field services are estimated for
this project.
• On-Call Water Line Backfill Observation 40 Hours
• On-Call Compaction Testing 100 Hours
• Technical oversight, Management, Report Preparation 30 Hours
• Optimum Moisture—Maximum Dry Density Determination 6 Determinations
• Summary Report at Conclusion of Project 2 Copies
• Testing Equipment and Vehicle Proportional to Field Hours
To allow for monitoring of the costs involved,the daily time tickets for field services shall be signed by
the City of Riverside or City of Grand Terrace Inspector. The compaction testing fee in this proposal
includes a contingency$1,500.
AEI-CASC'S RESPONSIBILITIES
A. Construction Management Services(CMS): AEI-CASC's Construction Manager,hereafter
known as CM,will act on the behalf of or in conjunction with the Owner's Representative,
hereafter known as OR, for managing the 48"water supply pipeline construction(work)until a
Notice of Completion has been recorded and final payment is made to the Contractor.
B. Means, Methods, Safety: The CM shall have no control or charge of and shall not be responsible
for Contractor's means,methods,techniques,sequences or procedures,or for safety precautions and
programs in connection with the Work, for the acts or omissions of the Contractor, Subcontractors,
or any other persons performing any of the work, or for the failure of any of them to carry out the
work in accordance with the Contract Documents.
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CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
C. Access to the Site: CM shall at all times have access to the site wherever it is in preparation and
progress. The Contractor shall provide facilities for such access and egress so the CM, may
perform its functions under the Contract Documents and this proposal.
D. Interpretations: CM in construction with the Design Engineer of Record and the Pipe-line
Inspector shall be the interpreter of the requirements of the standards, specifications and drawings
and shall work with the Design Engineer of Records and Pipe-line Inspector to render
interpretations necessary for the proper execution or progress of the work with reasonable
promptness on written request of either the OR or the Contractor,and shall render written decisions,
within a reasonable time, on claims, disputes and other matters in question between OR and the
Contractor relating to the execution or progress of the work or the interpretation of the standards,
specifications and drawings as set forth in the Scope of Services. In the capacity of interpreter,the
CM shall endeavor to secure performance by the Contractor in accordance with the standards,
specifications and drawings.
E. Right to Reject Work:CM shall have the right,with the OR's approval,to reject work,which does
not conform to the standards,specifications,and/or drawings. Whenever,in the CM's opinion,it is
necessary or advisable for the implementation of the intent of the specifications and drawings,the
CM will have the right,with the OR's approval,to require special inspection or testing of the work
in accordance with the provisions of the Contract Documents,whether or not such work is
fabricated,installed or completed.
F. Shop Drawing Review:CM shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for
conformance with the design concept of the work and with the information given in the Contract
Documents and the Scope of Services. Such action shall be taken with reasonable promptness so as
to cause no delay. CM's approval of a portion of the work shall not indicate approval of any larger
portion of the work of which it is a component.
G. Change Order(CO)Review and Preparation:CM shall prepare and recommend disposition of
CO(s)from the Contractor in accordance with the Scope of Services. Prepare Contractor CO(s)for
the OR's review,approval,and execution in accordance with the Contract Documents. CM shall
have authority to order minor changes in the work not involving an adjustment in the Contract Sum
or an extension of the Contract Time,which are not inconsistent with the intent of the Contract
Documents.
H. Final Completion: CM shall conduct observations and/or evaluations to determine the date of
Notice of Completion along with associated quantities of work performed as set forth in the Scope
of Services. This data shall be forwarded to the OR for review along with written warranties and
related documents required by the Contract Documents and assembled by the Contractor, and shall
advise OR with regard to final payment.
CITY OF GRAND TERRACE RESPONSIBILITIES
A. Authorized Personnel:The City of Grand Terrace(Owner)shall designate in writing it's
authorized OR.The OR shall be available,in whole or in part,on a daily basis at the site of the
work. The authority of the OR shall include,but not be limited to,the following:
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48"WATER SUPPLY PIPELINE
CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
1. Making decisions on behalf of Owner and/or making decisions of Owner known to the CM,
AEI-CASC,and the Contractor.
2. Interpreting Contract Documents.
3. Authorizing change orders.
B. Owner's Representative:The OR shall act on behalf of the Owner with the authorization to render
decisions for the project and provide guidance to the CM. Ensure compliance with Owner's
budgets and schedule,including all City and regulatory approvals,and other related work as may be
determined by the CM.
C. Performance of Work: The OR shall perform work as set forth herein,which may be revised
from time to time upon mutual approval of the Owner,OR, and the CM.
D. Inspection Services: The City of Grand Terrace shall provide for inspection services related to
the project. The City has notified AEI-CASC that the City of Riverside will provide inspection
services related to the pipeline installation,and that he City of Grand Terrace will provide
inspection services related to items of work other than the pipeline, such that together,all
required inspection services have been arranged for by the City of Grand Terrace. As such,AEI-
CASC's proposal does not include inspection or daily observation services. Should the City of
Grand Terrace request such services of AEI-CASC,said services shall be subject to an
amendment to this Agreement.
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CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
EXHIBIT B
FEE PROPOSAL
I. CONSTRUCTION MANAGEMENT
A. PRE-CONSTRUCTION MEETING(T&M) $ 600
B. WEEKLY CONSTRUCTION MEETINGS (T&M) $ 12,000
C. MONITORING PROGRESS (T&M) $ 12,000
D. INVOICE REVIEW (T&M) $ 4,000
E. COORDINATE REQUESTS FOR INFORMATION
AND SHOP DRAWINGS REVIEW (T&M) $ 4,100
F. CHANGE ORDER PROCESSING (T&M) $ 2,200
G. PROJECT CLOSEOUT (T&M) $ 1,600
SUBTOTAL TASK I $ 36,500
II. CONSTRUCTION SURVEY STAKING (LUMP SUM) $ 12,848
SUBTOTAL TASK II $ 12,848
III.COORDINATION
A. GENERAL (T&M) $$ 5,520,520
B. RAILROAD (T&M) SUBTOTAL TASK V $ 7,200
IV. COMPACTION TESTING SERVICES (T&M) $ 19,232
SUBTOTAL TASK V $ 19,232
TOTAL $ 75,780
Lump Sum tasks will be included on the first monthly invoice following their completion.
Time and Materials (T&M) tasks will be billed as incurred in accordance with the Rate Schedule
included as Exhibit C. The quantities included in Exhibit A — Scope of Services are the basis of
the upper limit by task and subtask, but shall not be used to prorate the invoicing of T&M
expenses.
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48"WATER SUPPLY PIPELINE
CITY OF GRAND TERRACE
CONSTRUCTION MANAGEMENT SERVICES
EXHIBIT C
RATE SCHEDULE
AEI-CASC ENGINEERING,INC.
PREVAILING WAGE
HOURLY FEE RATE SCHEDULE
January 1,2006
The following rates shall apply to services provided on a time-and-material basis. Rates reflected are hourly.
General Construction Manaxement
President/Principal $175.00 Resident Engineer S128.00
Clerical/Miscellaneous Office Work $63.00 Assistant Resident Engineer $118.00
Senior Field Inspector $117.00
C/vi/ Field Inspector 1 $102.00
Engineering Director $145.00 Field Inspector 2 $110.00
Senior Project Manager/Project Manager $137.00
Assistant Project Manager/Senior Project Engineer $118.00 Planning
Senior Designer/Project Engineer/Calculator $110.00 Planning Director $139.00
Design Engineer/Designer $105.00 Project Manager $126.00
CADD Designer $96.00 Senior Planner $118.00
Senior CADD Drafter $89.00 Planner $105.00
CADD Drafter $68.00 Assistant Planner $90.00
Environmental Survey
Engineering Director $145.00 Three Person Survey/GPS Crew $255.00
Senior Project Manager/Project Manager $137.00 Two Person Survey/GPS Crew $230.00
Assistant Project Manager/Senior Project Engineer $118.00 One Person Survey/GPS Crew $200.00
Scientist $112.00 Senior Project Manager/Project Manager $137.00
Senior Field Inspector $117.00 Survey Analyst $110.00
Field Inspector 1 $102.00
Field Inspector 2 $110.00 Other
Two Person Sampling Crew $204.00 Litigation Consultant/Expert Witness $352.00
$52 00
Computer Time
REIMBURSABLE EXPENSES
The following expenses will be billed at cost plus 15%:
• Reproduction Services: Includes blueprinting,copying,printing and plotting. In-house plots will be billed at$6.00
per sheet for each client set and for a final in-house review set. The client is welcome to contract directly with an
outside reprographic firm for those services not provided in-house.
• Outside Services: Includes the services of other consultants, testing firms, and other service providers where
Consultant expends funds for the benefit of the client's project.
• Fees and Materials: Includes permit fees,submittal fees,plan review fees,document fees,materials,and other sums
expended by Consultant for the benefit of the client's project.
• Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check and
filing fees.
• Commercial Delivery Services: Including Express Mail,Federal Express,UPS and independent courier services.
• In-House Pick-Up and Delivery Services: These services provided by our firm will be reimbursed at $44.00 per
hour. In addition,mileage will be billed at$.55 per mile with no markup.
• Travel Expenses: Mileage to and from the job site will be billed at a rate of$.55 per mile with no markup and travel
time for survey crews will be billed at$90.00 per hour,per man,one-way. Airfare will be billed at cost plus 15%.
• Per Diem: Per diem for overnight stays will be billed at$134 per day,per man.
• Waiver of Subrogation: If the client requires a Waiver of Subrogation for Workman's Compensation Insurance, the
client will be required to pay the additional insurance premium for this request. The approximate amount for the
waiver is$250.00.
NOTE: Invoicing will be submitted on a monthly,progressive cycle.
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