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HomeMy WebLinkAboutContracts & Agreements_206A-2018PS 1 1 (9111!18) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Geotechnical Engineering Services ("Agreement") is made and entered in this 25th day of October, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Hilltop Geotechnical, Incorporated ("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 I — ENGAGEMENT OF CONSULTANT I I City hereby engages Consultant to provide Geotechnical Engineering services for City (the "Services") 12 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 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Paul Toor, 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 41 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit 'A" entitled "Scope of Services," which is attached hereto and incorporated herein by reference I L 1ca1djm\AgreementslHilltop Geotechnical Professtonal Services MUED.doc PS 1 1(9111/18) 42 The term of this agreement shall be for a period of three (3) years from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) one-year additional terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term 43 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the 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 Consultant's performance of the Services shall not exceed the amount of thirty thousand dollars ($30,000) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B" entitled "Fee Schedule" attached hereto and incorporated herein by reference 52 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 53 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 (1) on the date of delivery in person, (ii) five (5) days after deposit to first class registered mail, with return receipt requested, (111) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, 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 Capon Street P O Box 3005 (mailing) Redlands, CA 92373 Consultant Mark Hulett, President Hilltop Geotechnical, Inc 786 South Gifford Avenue in hulett@hgeotech com (909)890-9079 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 61 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 2 L IcaldimVr greeinentslHElltop Geotechnical Professional Sernces MUED doc PS 1 1(9/11/18) 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 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 "C" entitled "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 Business Auto Liability coverage, with mimmum 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 62 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, ansing 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 ARTICLE 7 ---- CONFLICTS OF INTEREST 71 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 72 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 3 L 1caldpnlAgree:nents*ldltop Geotechnical Professional Services MUED doc PS 1 1(9/11118) (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 73 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 81 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 82 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, results in City's immediate termination of this Agreement 83 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor 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 4 L lcaMlinlAgreementslililltop Geotechnical Professional Services MUED.doc Ps 1 l (9111118) 84 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 86 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 relatmg 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 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 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 5 1.1ca%djtnlAgrecinents\Flilltop Geotechnical Professional Services MUED.doc PS 1 1 (9111118) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF DLANDS By �� r Jamc' McConnell cting City Ma ag r Attest e onal son, City Clerk Hilltop CAtechnical, Inc By Mark Hulett, President 6 L Icald inlAo eements111illtop Geotechnical Professional Services MUED.doc PS 1 1 (9111/18) EXHIBIT "A" SCOPE OF SERVICES The City is seeking qualified consulting firm to provide any of the following services Field Observations and Materials Testinci • When requested inspect and evaluate excavation of trenches to ensure that excavations have exposed competent material at the bottoms for the placement of approved bedding material If excavations result in exposure of saturated incompetent material at bottom, proper remediation measures must be recommended Sides of excavation must be inspected for any seeping water Nearby structures must be closely observed to ensure that there are no adverse impacts from deep excavations • Collect samples of proposed backfill material and deliver to materials laboratory Appropriate testing will be performed to determine appropriate placement method for backfill material and if backfill material meets project specifications • Evaluate compaction procedure for backfill of trench excavations to ensure that project specifications have been followed (appropriate thickness of lift proper compaction method, etc ) Similar evaluations may be performed for subgrade and street pavement sections • Conduct compaction tests to determine relative compaction of native/backfill material Sufficient testing must be performed to verify compliance related to the relative compaction requirements contained in project specifications • Density of asphalt concrete (as well as the temperature) will be checked at the time of its placement during the construction of pavement sections • Inspect placement of concrete to ensure construction is according to design Inspector may be asked to observe surfaces where concrete is to be placed, design mix, hauling time from batch plant to fob site, segregation or loss of ingredients, equipment used in conveying and depositing concrete, slump, temperature, and all other properties of concrete per project specifications • Inspect placement of asphalt concrete for pavement sections to ensure that construction is proceeding according to design Inspector may observe surfaces where asphalt concrete is to be placed design mix hauling time from batch plant to fob site segregation or loss of ingredients, equipment used in conveying and depositing, lay -down operation, field -density, and all other properties of per project specifications May obtain representative wet samples for laboratory analysis Prepare daily field reports A copy of these reports will be submitted to City on site on a daily basis Report will include a written summary of the day's activities, a summary of all field- testing performed, and a listing of any outstanding failing tests which have not been 7 L Icaldiin\Agree3nents\fiilltop Geotechnical Professional Services MUED doc PS 1 1(9/11/18) reworked/retested In addition, location of all field density testing performed during project must be plotted on a set of plans that is maintained by field staff Plans must be provided prior to work start • All other inspections as identified by City staff Laboratory Testinq • Modified Proctor testing to determine maximum dry density/optimum moisture content ■ ASTM D1557 (Methods A& B) IN ASTM D 1557 (Method C) • Soil Classification ■ Grain Size Analysis — ASTM D422 ■ Atterberg Limits — ASTM D431-0$4 or CT204 ■ Sand Equivalent— CT217 or ASTM D2419 • Asphalt Testing ■ Maximum Density — CT 304 (Set of 5 specimens) • Concrete Testing • Compression Test — ASTM C39 • Any other tests requested by City staff Report Preparation • A final report may be requested summarizing the work performed on individual protects The report may include, but not limited to, observations during construction, results of field and laboratory testing and a conclusion as to the project's compliance with contract plans and specifications A signed electronic version of the report in pdf format of the report must be provided L IcaldjmlAgreeinents\Htlltop Geotechnical Professional Services MUED.doc PS i 1 (9/11/18) EXHIBIT "B" (Fee Schedule) IA& HILLTOP GEOTECHNICAL, INC HILLTOP Gro"McHrttcAl- 2018 SCHEDULE OF FEES rzos�aa+Tto PERSONNEL CHARGES Drafting $69 001hr Word Processing/Clerical $69 00/hr Senior EngineerlCeologist 5190 001hr Project Engineer/Geologist Registered 5170 00/hr Staff EngineerlGeoiogist Non Registered 5130 001hr Engineer/Geologist Technician $90 001hr Project Manager $125.Q0/hr Supervisor $125 whr Prevailing Wage lnapector ICC *, **,*** $.120 001hr Prevailing Nage Field Technician* *** 5120 00/hr Prevailing NVage ACI Technician Concrete*,*** 5120,001hr ICC Special Inspector **f $92 00/hr Engtneertng'Pechniman (Soils and Materials) $90 00fhr "Prevaiiiag Wage California Labor code § 1720,et seq Non Destructive Ultra Soule Testing surcharge 512.0nr Department oflodustnal Relanons, Regzstratsaa No, 100011988 Valid Through Nap 2018 L BORNTOR'Y' TESTING FEES**** SOIL TESTING Chloride Test, $$0 001ea Chunk Density & Moisture $25 001ea Consolidation Testing a) Consolidation £ltll $175 001ea h) Consolidation Remold $45 001ea c) Consolidation Single Point $85 00/ea Corrosion Analysis `Pest (Ph redox resistivity) $150 001ea Direct Sheat Testing a) Direct Shear In Situ (3 Point) $250 001ea b) Direct Shear Remold. (3 Point) X300 001ea Expansion Index Test $125 00/ea Compaction Curves 4 inch mold (ASTM 171557, Me-thod A or B h" Mold) $186 001ea 6 inch mold (ASTM D1557, Method C 6" Mold) $195 001ea Ctrl Tt•ans 216 $195 00/ea Moisture Content Test $20 001ea Organic Content Test $36 001ea Permeability Test Quote L'pd.acd hovcmbcr 2017 9 L Icaldj nlAgreementslHilltap Geotechnical Professional Services MUM.doc HILLTOP GEOTECIENICAL, LNC PS 1 1 (9/11118) 2018 SCHEDULE OF FEES LABORATORY TESTING FEES (continued) $155 00/ea Atterberg Limits Test 8120 00/ea Resiatance Value Test (R value) $280 00/ea Resistivity $105 00/ea Ring Moisture & Density 3 est $20 00/ea Sand Equivalent Test $100 00/ea Steve Analysis Test (Hydrometer) 5200 00/ea Steve Analysis Test (Full) $105 00/ea Steve Analysis Test ( 200) 800 00/ea Sulfate Test $68 00/ea Turbidity Test $25 00/ea CONCRETE 1 MASONRY TESTING Cylinder Compression Test $34 001ea Cylinder Core, Charge S30 00/ea Cylinder Trim or Capping Charge 810 00/ea GrouttMortar Compression Test $40 00/c.a Masonry Prism Test S1 75 00/ea ASPHALT TESTING Asphalt Content Ignition Oven Premixed AC Sample (CT382) $155 00/ea Asphalt Content J Gradation Ignition Oren Premixed AC Sample (CT202, CT382) $215 001ea Hveem Specific Gravity / Stability Value, Premixed AC Sample (CT308 CT366) $210 00/ea Hveein Stability Value Premixed AC Sample (CT366) $155 001ea Hveem Specific Gravity / Stability Value (Rubberized Asphalt) $230 00/ea Premixed AC Sample (CT308, CT366) $230 00/ea Hveem Stability Value (Rubberized Asphalt) $250 00/ca Premixed AC Sample (CT366) $170 00/ea Specific Gravity of liveem or Core Sample Uncoated (CT308) $60 00/ea Specific Gravity of Hveem or Core Sample Coated (CT308) $85 00/ea AGGREGATE TESTING Specific Gravity and Absorption Coarse Aggregate (ASTM C127) $120 00/ea Specific Gravity and Absorption Fine Aggregate (ASTM C128) $160 00/ea Sodium or Magnesium Sulfate Soundness Fine or Coarse Aggregate (ASTM C88), pLr fraction $200 001ea Los Angeles kbrasion Small Size Coarse Aggregate (ASTM 0131) $230 00/ea Los Angeles Abrasion Large Size Coarse Aggregate (ASTM 0535) $250 00/ca l raawd Navcmb r, 2017 HILLTOP GEOTECHNICAL, INC 10 L 1ca1djm1Agreementsll-Iilltop Geotechnical Professional Services MUED.doc PS 1 l (9111/18) 2018 SCHEDULE OF FEES LABORATORY TESTING FEES (continued) Durability Inde; Fine or Coarse Aggregate (Calif 229) $350 00/ea Potential Reactivity of Aggregate Chemical Method (ASTM C289) $100 001ea Petrographic Examination Fine to Coarse Method (ASTM C295) each (Plus Thin Sections) $1.,500 00/ea Gradation of Aggregates (ASTM C136) (Calif 202) Fine Aggregate Dry Steve $100 001ea Fine Aggregate Washed Sieve $115.00/ea Coarse Aggregate Dry sieve $115 00/ea Coarse Aggregate Washed Sieve $130 00/ea Combined Aggregate ]dry Steve $150 001ea Combined Aggi-cgralc Washed sieve $200 00/ea Material Finer than /200 Steve (ASTM Cl 17) $100 00/ea Sand Equivalent Test (.ASTM D2419) (Calif 217) $100 00/ea Flat and Elongated Particles (ASTM D4791) $200 00/ea Clay Lumps and rnable Particles (ASTM C 142) $100.001ea Lightweight Partic.(rs (ASTM 0123) Coat / Lignite (sp gr = 2 00) $100 00/ea Chert (sp gr = 2 4) $100 00/ea Organic Impurities in Fine Aggregate (ASTM 0440) $65 00/ea Cleanness Value (Calif 227) $160.00/ea Utut Weight 1 Calculated Voids (Fine / Coarse / Mixed Aggregates ) (ASTM C29) 5140 00/ea Resistance Value Test (R -Value) (Calif 30 1) Aggregate Base Material $280 00/ea Potential Alkali Reactivity of Cement Aggregate. Combinations (Mortar -Bar Method) (ASTM 0227) Quote Potential Volume Charge of Cement -Aggregate Combination (ASTM 0342) Quote Potential Reactivity Rock Cylinder Method (ASTM 0585) Quote Length Change Due to Alkali Carbonate Reactivity (ASTM C t 105) Quote Potential Reactivity Mortar Bar (.ASTM 01260) Quote Potential Expansion of Aggregates from. Hydration (ASTN4174792) Quote Aggregate Sampling, Staff Geologist / Engineer (Portal to Portal), per hour $112 001hr Shipping Cost Plus 15% "I S\ Surcharp on rash cum -around for laboratory testing Ufd itcd Novembcr, 2017 II L 1ca1djmlAgreementsll-lilltop Geotechnical Professional Services N1UED.doc HILLTOP GEOTECHNICAL, INC PS 1 1(9/11118) 2018 SCHEDULE OF FEES m11+li mUM CHARGES Engineering Technician 2 hours ICC Special Inspector 2 hours Show Up and No Testing or Inspection 2 hours Cancellation of Work M1 ter 3 30 pm on previous day 2 homy, SHIM` DIFFERENTIAL Second Shift (21 M 12PM) 7 50Ihr 'Third Shift (10I'M 8AM) 12 00/hr MILEAGE/TOLL ROAD FEES Vehicle Mileage No Charge for Projects located t.n the City of Redlands Toll Road Charges Invoiced at Cost OVERTIME Overtime at the rate of 15 times the applicable hourly rate will be charged for any time in excess of 8 hours and less than 12 hours in any one day, Monday through Friday, and time before 6 00 a m or after 6 00 p m and for Saturday wort, up to 8 hours Work performed in excess of 12 hours on Monday through Friday in excess of 8 hours on Saturday, and all work on Sundays or Company recognized Hohdays will be charged at 2 0 times the applicable hourly rate COMPANY RECOGNIZED HOLIDAYS New Year's Day Labor Day Independence Dag Veteran's Day President's Day Thanksgiving Da` Memorial Day Day After Thanksgiving Christmas RE ISSUE OF REPORTS Re issued reports will be charged at the rate of 60¢ per sheet copied, plus the cost of plan reproduction OUTSIDE SERVICES Professional services equipment or tests not provided by Hilltop Geotechnical, Inc and anv unusual litems of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent UpU dNovzr*er,2017 HILLTOP GEOTECHNICAL, INC 12 L IcaldjmlAgreemen€sli-Iilltop Geotechnical Professional Services MUED.doc P5 1 l (9111118) EXHIBIT "C" 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 A 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 Hilltop oteehnical, Inc Date 10/30/18 By M rk Hulett, President 13 L 1ca1djmlAgreements\Hill1op Geotechnical Professional Services HUED doc