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HomeMy WebLinkAboutAgenda Report - January 21, 1987 (99)CITY OF LORI PUBLIC WORKS DEPARTMENT TO: City Council FROM: City Manager MEETING DATE: January 21, 1987 COUNCIL CC?iMUICTIOIV AGENDA TITLE: Approve Consultant's Agreement for Design of Elevated Water Storage Tank RECOMMENDED ACTION: That the City Council authorize the City Manager to execute the agreement with Psomas & Associates for the design of the City's water tank. BACKGROUND INFORMATION: Funds for engineering for this project have been budgeted in the last few Capital Improvement Programs. The City Council recently made the determination on the shape of the new water tank. The enclosed agreement with Psomas & Associates covers the preparation of the plans and specifications, together with other miscellaneous services that are associates; with the design of the water tank facility. The amount of Psomas & Associates' basic services totals $18,900. In addition to this amount, there will be approximately $5,000 of other services, i.e., soils investigation, coordination with architects preparing site master plan, etc. There is approximately $9,500 remaining in the water tank replacement account (18.1-450.23), therefore, we will he forwarding to the City Manager a special allocation request for $15,000 to cover the completion of this design project. The City will be paying Psomas on a time and material basis up to the maximum amount shown in the agreement. Attached for the Council's engineering services to be City Attorney. 4� Jac L. Ronsko Public Works Director JLR/ma Attachment cc: City Attorney Chief Civil Engineer APPROVED: CWTANK/TXTW.02M information is a copy of the agreement and performed. The agreement has been reviewed by the A. PE-ERISO., City Manager FILE NO. January 14, 1987 J.__.:4...«..i -I. These standard forms of agreerr:cr,t are urxr«�,� �,• j CcAfornia Council L0�1' 01 u OF Civil rzngi;neers & Land Surveyors i (For Office Use) Form BM d4 -1A Q'i 19:3 M California Candf or G..iI f^Btnr!n sn:S ianC SurvevoTs _ --'-- STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND CONSULTANT AGREEMENT entered into at City of Lodi, CA made 19 by and between City OT LOCI 21 W. Pine St., Oo1, JJL hereinafter called -client," and_ Psomas g Associates - Sacramet t0 acramer.to, K . hereinafter called "consultant." 000 cal'. On elevated steel storage tank. Client intends to deslQn and construct d lOC, hereinafter called "project." The present record owne� is: Lodi _ Name: ity �es 1ne ree Address: 95240 Ledi, CR _ The lender is (if none, state below): Name:_ I�ZF — Address: Client and consultant for mutual consideration hereinafter set forth, agree as 41)110ws: A. Consultant agrees to perform the following �ervicr: See Attachment P. - "Engineering crvices for Elevated Storage Tan{:" B. Client agrees to compensate consultant for such services as follows: C. Client has read and understands all the Standard Provisions of Agreement set forth on the reverse hereof and the Exhibits hereto, and agrees all Standard Provisions and Exhibits are a part of this Agreement and are binding on client. . D. Client and consultant agree that the late payment charge provided for in Paragraph 33 of the Standard Provisions of Agree- ment shall be 1.5% per month (18% per annum) IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated, the day and year first above written. Fact"cS Z kssccictes - SecramEn cl CLIENT: CONSULTANT: By By— (rgnaturc) (Signature) r , L i -e t C rr Name Thcxms A Petn...rGnn - Name- C= Wfino • (Frio:) Title icc Lres jzapikeign, ` Title �y a acjer -- APPROVED �� Attest: ce imche "S 2M AS TO FORM: �iy Cl�xc3 ' a STANDARD PROVISIONS Of AGREEA_,, Client and consultant agree that the roifowrng provisions shall be pan of their 1, This agreement shall be binding upon the emirs, executors, adm+mstrators. sxc� and assign of client and consultant. 2. This agreement shaft not be assigned by either client or consultant without the Prig wring consent of the other - 2. pxia agreemerhts.lxomhses, negotiations 3. This agreement contains the entire agreement between client and consultant orlatir6 to the proms nd d :provision a services ro the Prot. o, rrpresentallons trot expressly set forth in th s agreement are of no force or effect Subsequent mod:Rcations ro this agreement >hafl be in writing and signed by both client and consul b term, condition, w ca vemant, shalt not Conainne the waiver of any other term. cadition, a caverunt• o the breach 4. Consultants waiver of any term, condition, a covenant. a breach of any . , inions of this agreemern shall be of anry offer temp condieah, o covenant rs held by a count of co peteTn jurisdiction w be invalid. void or enforceable, the rerruirhirg provisions 5. t arty term, condition" or covenant of this Agreement lockouts. work slowdowns valid and binding on client and consultant. cosulunts teasorubk control. Including but not tin sited to. delays by mason 01 strikes' 6. C.oinis tent is nes resPons'ble for delay caused by activities a factors bey" o disapprove conailtaer's work promptly, Wry � by client or other contractors o goverhrmental o stoppages, atxtdents" ace of God, failure of client m furnish timely, information or a0� consultant is ria trsponsiWr in damages ow" consultant be deemed m be in default of this agreement agencies. When such delays beyond consultant's reasonable control hxcw, diem agrees including, but not touted to, permit Dr«�ir'g environmental impact reports 7. Comuham shalt not be liable for damages resulting it" the actions o inuetf0is of goorrntne^til agencies . dedications, general plans and amxndrherhls trerMO. Zoning m3eem. annexations or consolidations, use or conditional use permits, and building permits. rot or by way of crOWCOrel"nt Including crosstomWa'm to indemrhrty. for alleged negligence.consulunn ; 9. to lite event that client institutes a suit against consultant either directly by cannPia hs rendered for m sutmnL diet agrees Wy • omission. or oder event c perform, and a diet fails to obtain a judgement in diets favor, the lawsuit is dismissed. or � suchpayment ": be � immediately following dismissal s fres expert witness tires, court costs. and any and all other ex perrsrs of defense. costs of defense, including anomer shall be retitled to reasonable of the case cr upon entry of judgertent- ro enforce or interport the provisions of this agreement, the porvarlM6 Pant t is the purposes in addmon to any other Mimi to which he may be entitled. 10. tf. any anion at law of equity, including an aetthe for de action Y relief, is brOu a . ate coon in attorneys" fees, which fees maY be set by the court in lite same action a in a sepaatt br of this agreement. such litigation is to be brought and adjudicated in the appropri wakes the right ro bong try a remove such litigation m arty oder county o judicial d'istriet t t. Client agrees that in the ever [lien: institu!es n.% litigation ro enforce ci if terwai except documents which are required the county in which consultant's principal Ilan of business is located. and cons consultant pursuant ro this agreemrmt 12. AM original papers, doci:ments, drawings and other work product of cohsshllart• and copies thereof. • Dry by to be filed with public agencies, shall remain the property of consultant and may be used by consultant without the consent of diem. re h be used by client only for the project described on the Eteed: 13. All services provided Pursuant to Mrs agreement may _ .. ate with each other in every way on Mt pmt' m the terms of this agrWmem• E' 14. Diet and consultant agree ro cooper and de rvemd, such additional instruments and documents which we r"'oe""y PerEann 15. Upon written request, client shall execute and deliver. a cause ro be executed rights which c'onhsultam may have for the performance of services pursuant to this agreement tb. This agreement shall not ho construed ro alter, affect o waive any lien o stop the third -party lender• in the 17. If payment for consultant's services is to be made on behalf Of diem by a ttrd-p" tender. tient agrees cut consultant shall not be required m indemnify i. form of an endorsement or otherwise, as a condition of receiving payment for t,es and cost figures made in connection with sups, prism., specifications, a drawings otlher than the all such figures 18. Consultant makes no representation corcenni the estimated rsltgrn are estimates only and consultant shall nes be responsible for fluctuations of tontratt a the wtr.�fetion or quality of performance of contracts by the construction contractor or rnmractors- 19. Consuf ant does nes guarantee the completion a quality of perforrnarce work was per t%> ro fSe/fea111' or other third parties. nor is he responsible for their acs or omissions ift:stlotn, o prolessiond advice except that die 2 I Consultant nukes no warranty, either express or implied, as ro his findings. recommendations, spec i accepted standards of practice in effect at the time of perfomrurce- son other titan consultant, which lunges Affect camuUWS work, any and All liability arlsing Z and ficati0ns by client a M any Other Ilei unless ctIlnt groes tahwlhnt prior written rtowhdat ch 2:3 In the event that changes are made in the plans spec and diens assumes full responsibility ariff liability flit such changes, out of or resulting from such lunges is waived by client aainst consul ro Indemnify torhsuhart agafe t any and all liability. loss Costs damages of atrorneys and abler txpenstS which such lunges and consultant consents in writing m such changes• Clem agrees consultant may sustain of incur as a result of such emconser ed dungen• which pram drawings• a other document► are not signed by comuhw% it a other person to use pians. dra`s^n6* a other docterherrts prepared b1 consultant And waives liability against comuttam for their use. 24Giem agrees res to tau o perms rY drawings, or other dowments not signed by Client:* agrees to be liable and responsible for any such use d unsrgrhld Pians it, release consultant from all liability for work Aeric" ed• is to minted before the completion of all sen'ices" ch.' it agrees such default in payment a material breach of 25. In the event this agreementafter irrvocn sre rendered. s liem agrees co sultana shall have the right to COO sider consultant for brlifes of rwhwhant under tris agreement are Weseated. In such event, client shall 1>romPdy pay i 26. tE the client fails to pay consultant within sixty s, of days _ . IN entire agreement. and upon written nonce the duties, obligations, and responfh all lees charges, and services provided by comutunt t supervision of cgnstextion Of engineering stiiico+ie'• rix atter cohstrtrvtlas supervision for i review, cd+suuctiori mansgem en • and h0:d consultant harmless From an tad all 27. Brent agrees conwlunt will ria Perform a►ure that such services will be LywD o^odl � of g structures• or oter const rtretiorh supervision by ' this PrOiect urtess specifinlly provided for in this agreement. _ _ " c liability arisrrig from o resulting from the perfurmancr d construction review, construction other persons o. entities. , - c0ns7rurtbn contractor win be required to assume sole and cad rattoe re limited o to at site corditons with geeally, accepted ca+stri�n tad mat be limited to nomas wtxkitsg hoz - other Client agrees dw in xcprduhce sed property: that this le, shall be made ro appfy �n11 r of work on this pr0l" ext"006 t during the course of construction of the protect, including safety of ag from W yid All liabltity, real or alleged, in cam.xtan suint the petforrhYxY 6 + and diem further agrees to defend. indemnify and hold consultant hatnhless i a fy encs o omisslorts of coes+ttleartt. to the F ruing from the sole negligence n consultant and subcontractors on the project, due to prOfessi0rul rtegl gein. ( . 29. Client agrees ro limit corsulunt't liability ro dlent and ro aR contractors sum of 550,000 or consultant fees whichever is grraKr. Lf Pipoeverty in plot age BA;, will be billed monthly and shall be due at due 7mt of bitting untlss otherwise sl ecllfed in dls,ageerne+�t• r g� 31. All lees and other charges conclusive and 6lydirf on dicot uxlenl diem within ten 1101 dsy! Goin Ilse data aF receipt OF such Itltllrhg. rtoNfie► j 32. , diem agrees slut the periodic billings nom consultant ro digin the bi I�L cortsultam, in writing of alleged maccuncien, discepancles, cd errors tau tpetifed on die from iheeeoE and sod{ tit applied eo any tarWaid balance cannwtdn{ sixeti t� to a tate P"reet durge which will be computed at tit pe�k ahu33tlhe date of Ctleelt Agrees ontxigirt� bitting _ 16 aspecification ocher dottcm erhts arhdlw Verk^ns Reid soak and wdr fllant � c n ` 34 .; It corsukattt pwsuaM to this agreemerocedii nt produces a mate suds govenrtxnW agency t+:re� its odlnanoes potkxty P ' work are required Mahe or snore govermriental Agencies, a �yry additional office or field work thereby required shall be Dad by dfent aa. arhdior other employee benefits to Fleid or Office empbyd+•due to reit ttxrrhs d ant taboo a tilt. orrlsefo x 35 M the evert of art increase o! cosh duct ro the Srnttrffi of wage trhutasts C tFx rest a ttving during the lifetime ar this agreemeM such percentage Intcrcav shall tit applied ro All r rrrhalrhlrig camprxhsabos� : to to all such incidemd seivrces d extra wOik• fncrdcntal services ria specified pttuunt ro Paragraph A on the from hereof diem ayees Oay ion .diet si extra wads 36. dove agrees that if tient requests, a destun6ed by sit act of God o parties other than corsulratt Ilse cost of restakirK shall be Paid by, fees, soils WSW* fees arr}at topograOF!y tad and aH � 37. in the event that any staking is destroyed. damaged• lees zoning and Annexation; application tees, assessment fees, sorb enllireeing� terms of this agrrernart : , 38. Client shalt pay the costs of checking and inspection and reproducsioris and at other Burges not specifically covered by wtR be pronged & other fees, Pte• txsrid premiums, sur Company charges, blueprints cahwiw+ss standard computer priiuout. Ai°`if by consiltart at rte request of dicot Additonal badunp.-_ of costs incurred" shall be defined as a copy of 259.,of ousts requiring additional. badtup, Viand wMch cerin be bled as a Mr.rtbusrsable expense 39 «Orf gnat backup of client,for vfikh dirru agrees m DAY as adminiwatsve expense and sen rices �r by consultant at the request- consultant be suspended• Abandoned, o terminated. client shalt pat consultant. for all ices. diy8d• 40 -In the event all o array pnxtien of the work prepared o partially prepared by provided for the protect not ro exceed any contract limit specified heroin. a shall be g by and construed in accordance with the laws of the State of California. onsury s documents attached hereto as fxhrbit t z 4t. is agreement in xca'd. rice suint this contract, consultant agrees m sign Ise staterhent ip Exhibit t diem hereby aged m trdrns^iN. Mat in performing requested ALTA surveys contained in Exhibit i 42. Client are s h this reierrnin in the event that consultant is required to sign a sutrrnet o certificate which differs from that cortah c AM incorporate harmless from any and all liability anis ng from a resulting from the signing of any statement which differ from the statement and hold consubasrl with Bussrtesdand 43 dice Acknowledges and agrees that if consultant provides surveyiri6 cervices, which services result in the requirement to file tr neem" es Survey in accordance anon. examination and feting for the Record os Survey will be Wit M client as extra servkd Code Section 8762, that all o(; he costs of prepay Exhibit B yt "44. See attached Yf , s EINGTNEERING SERVICES FOR ELEVATED STORAGE TANK Scope of Work DESIGN 1. Project Administration 2. Foundation Design 3. Site work, piping, valving, distribution system connection, etc. 4. Electrical and telemetry (coord. with exist) and corrosion system B. Specifications 6. Engineer's Estimate 7. Travel and Misc. Expenses Subtotal: BIDDING 1. Prepare bid packages (excludi.�g printing) 2. Assistance during bidding, including pre—bid meeting 3. Bid evaluation and recommendation 4. Travel and Misc. Expenses Subtotal: EXHIBIT A Budge t $800 1,500 ,200 2,200 2,100 400 200 $12,400 $200 700 200 100 $1,200 EXHIBIT A LW: 11-30 Scope of Work Budget CONSTRUCTION 1. Periodic site visits $800 2. Progress meetings (assumed 2) 600 3. Cbange orders and shop drawings review 2.300 4. Plans and specification interpretation and coordination with inspector 900 5. Final Inspection 450 6. Travel and Misc. Expenses 250 Subtotal: $5,300 BASIC SERVICES TOTAL: $1£,900 ADDITIONAL SERVICES 1. Foundation Investigations (soils) $3,500 2. Printing (limited distribution) 200 3. Corrosion Testing & Analysis 500 4. Coord. with City on Planning 800 Subtotal: $5,000 Inspector $1,500/week (esti::ate) $9,000 (estimate 12 weeks @ 1/2 time) LW: 11-30 EXHIBIT B 44. INDEMNIFICATION - The Consultant shall defend, indemnify, and save harmless the City of Lodi, its officers and employees, from and against any and all claims, demands, losses, defenses, costs, or liability of any.kind or nature which the City of Lodi, its officers and/or employees, may sustain or incur, or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's actively or passively negligent performance or attempted negligent performance of this agreement, excepting only liability arising out of the willful misconduct or negligence of the City of Lodi, its officers or employees.