HomeMy WebLinkAboutContracts & Agreements_139-2002_CCv0001.pdf AGREEMENT TO FURNISH GEOTECHNICAL SERVICES FOR REDLANDS MUNICIPAL
AIRPORT RUNWAY MATERIALS TESTING AND COMPACTION TESTING
This Agreement is made and entered into this 3d day of September, 2002,by and between
the City of Redlands, a municipal corporation ("City") and CAL-WEST Consultants,
("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant and Consultant hereby accepts the engagement to
perform consulting services (the "Services") for testing materials and conducting soils
compaction tests at the Redlands Municipal Airport(the"Project").
1.2 All work performed by Consultant under this Agreement shall be done in a professional
manner, and Consultant represents that it is skilled and has the professional expertise
necessary to provide high quality Services to City for the Project at the level of
competency presently maintained by other practicing professional consultants in the
industry providing similar types of services.
ARTICLE 2 - RESPONS1131LITLES OF CONSULTANT
2.1 The specific services which Consultant shall perform are to conduct gradation tests on the
crushed rock material and to conduct soil compaction tests as requested by the project
inspector.
2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws
and regulations in the performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws.
ARTICLE 3 -RESPONTSEBILITIES OF CITY
3.1 City shall place at disposal of Consultant all available information in its possession
pertinent to the Project.
3.2 City xvill provide access to and make all provisions for Consultant to enter upon City-
owned property or right-of-way as required by Consultant to perform the Services
pursuant to this Agreement.
3.3 City will designate in writing a person to act as City's representative with respect to the
Services to be perfonned under this Agreement, and such person shall have complete
authority to transmit instructions, receive information, interpret and define City's policies
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and decisions with respect to materials, equipment, elements, and systems pertinent to the
Services covered by this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services on an as-needed basis during the construction of
the Redlands Municipal Airport Shoulder Stabilization project.
ARTICLE 5 - PAYMENT AND NOTICE
5.1 For the performance of the Services, City will pay Consultant a fee not to exceed
S 10,000.00 at the rates described in Exhibit "A," entitled, "Consultant Fee for
Geotechnical Services for the Redlands Municipal Airport Shoulder Stabilization
project."
5.2 Payments by City to Consultant shall be made within 30 days after receipt and approval
of Consultant's herein above invoice, by warrant payable to Consultant.
5.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
City: Bill Hernsley, Civil Engineer
City of Redlands
Public Works Department
PO Box 3005
Redlands, CA 92373
Consultant: Ron Carducci
CAL-WEST Consultants
12210 Michigan Avenue, Suite 26
Grand Terrace, CA 92313-5476
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices, bills
and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 6 - INSURANCE AND ENDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance by this Agreement is to be maintained by Consultant for the duration of this
Project and shall be primary with respect to City and non-contributing to any insurance or
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self-insurance maintained by the City. Consultant shall provide City with Certificates of
Insurance and endorsements evidencing such insurance within fifteen (15) days of
execution of this Agreement, or prior to commencement of work, whichever occurs first.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in an amount which
meets the statutory requirement with an insurance carrier acceptable to the City.
Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by the City. The insurance policy shall include a provision
prohibiting cancellation of said policy except upon thirty (30) days prior written
notice to City. Certificates of Insurance shall be delivered to City within fifteen
(15) days of execution of this Agreement or prior to commencement of work,
whichever occurs first.
B. Consultant expressly waives all rights to subrogation against the City, its officers,
employees and volunteers for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of
any employee of Consultant. This waiver is mutually negotiated by the parties.
This shall not apply to any damage resulting from the sole negligence of City, its
agents and employees. To the extent any of the damages referenced herein were
caused by or resulted from the concurrent negligence of City, its agents or
employees, the obligations provided herein to indemnify, defend and hold
harmless is valid and enforceable only to the extent of the negligence of
Consultant, its officers, agents and employees.
6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and
defend City and its elected officials, agents, and employees from and against any and all
claims, losses or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of Consultant,
its officer, agents and employees in performing the Services required by this Agreement.
City agrees to and shall defend, protect, indemnify and hold harmless Consultant from
and against any and all claims, losses, expenses, damages, demands,judgments, causes of
action, suits, and liability in tort, contract, or any other basis and of every other kind and
character whatsoever, to the extent that claims are caused by, result from or anise out of
City's negligence, gross negligence, intentional misconduct or strict liability.
6.4 Assignment. Consultant is expressly prohibited from subletting or assigning any of the
services covered by this Agreement without the express written consent of City. In the
event of mutual agreement between parties to sublet a portion of the Services, the
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Consultant will add the subcontractor as an additional insured and provide the City with
the insurance endorsements prior to any work being performed by the subcontractor.
Assignment does not include printing or other customary reimbursable expenses that may
be provided in this Agreement.
6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the duration of the Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage 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 the insurance policy shall include a provision prohibiting cancellation of said
policy except upon thirty (30) days prior written notice to the City. Such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance and endorsements shall be delivered to City within fifteen (15)
days of execution of this Agreement or prior to commencement of work, whichever
occurs first.
6.6 Professional Liability Insurance. Consultant shall secure and maintain professional
liability insurance throughout the duration of this Agreement in the amount of one million
dollars ($1,000,000) per claim made. The consultant must obtain an endorsement
extending the reporting period twelve (12) months beyond the current policy expiration
date of September 1, 2003. Certificate of liability insurance and endorsement shall be
delivered to City within fifteen (15) days of execution of this Agreement or prior to
commencement of work, whichever occurs first.
6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million ($1,000,000) per occurrence, combined single limit
for bodily injury liability and property damage liability. This coverage shall include all
consultant owned vehicles used on the project, hired and non-owned vehicles, and
employee non-ownership vehicles. The City shall be named as an additional insured and
a certificate of insurance shall be delivered to City within fifteen (15) days of execution
of this Agreement or prior to commencement of work, whichever occurs first.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 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 recover its reasonable attorneys' fees.
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Consultant shall not sublet or assign any of the Services to be performed under this
Agreement, except with the prior written approval of City and in strict compliance with
the terms,provisions, and conditions of this Agreement.
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7.3 The Consultant's key person proposed for this project is as follows:
Ron Carducci
Consultant agrees that this key person will be made available and assigned to City's
Project, and that he will not be replaced without concurrence from City.
7.4 All documents, records, drawings, electronic data files and data base, photographic prints
and negatives, designs and specifications, cost estimates, and other Project documents
developed by Consultant pursuant to this Agreement shall become the property of City
and shall be delivered to City upon completion of Services.
7.5 Consultant and City agree that Consultant is, for all purposes tinder this Agreement, an
independent contractor with respect to the services provided pursuant to this Agreement
and not an employee of City. All qualified personnel provided by Consultant pursuant to
the provisions of this Agreement are to be employed by Consultant for its account only,
and in no event shall Consultant or any 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. Nothing in
this Agreement shall be considered to create the relationship of employer and employee
between the parties.
7.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Engineering Services.
7.7 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all
services and (2) deliver or otherwise make available to City, copies of any 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 required by this Agreement. Consultant shall be compensated on a pro-rata
basis for work completed up until notice of termination.
7.8 This Agreement, including the attachments incorporated herein by reference, represents
the entire agreement and understanding between the parties and any prior negotiations,
proposals or oral agreements are superseded by this written Agreement. Any amendment
to this Agreement, to be effective, shall be in writing and approved by the City Council of
City and signed by City and Consultant.
7.9 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
Bv
Mayor Cit Clerk
Date September 3, 2002
CAL-WEST Consultants
}
By _ Date
Ronald F. Carducci,P.E.
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2084-'64TRP CalWest-Materialsl-estiti8.i-tf
'
CAL-WEST Consultants
12210 Michigan It' , Suite 26
Grand Terrace, [A 92313
(909) 824-1777
---`----`— ------------------------ ----------` --------- ------- -----`-- --------- -------- ------`--` --~--------
(."AL-0TSv C'nomuhauts I CLIENT: City ufRedlands
CONSTRUCTION MATERIALS ENGINEERS 1pR0J£CT: Redlands Municipal Airport
COST ESTIMATE JDBSC. : Airport Shoulder Project
Exhibit A ( WD' : 3884-364.PDy MILES: 15 PROPOSAL DATE: 27'Aug-02
______________________________________________ ___________ _________ _______ _________ ________ -------------- ----------------- ---------------------
ENGINEERING ESTIMATED MANPOWER-MANDAYO UNIT P8BYAILD1O TOTAL
TASK --------- ---------^ -------- ------- ------- ------- COST WAGS COSTS
QUANTITY ON/7S BNGR 8RTECH TECH CLBB OF (S) (S)
$100 $52 $49 $32 TBST
______________________________________________ __________ ________ _______ _______ _______ -------------- ----------------- ---------------------
Field Testing
__________F/eld]eohu8
Field Technician 135,0 Tech. Hr. 16,9 7.020
Engineer -FimN 80 Eugr. Hr. LO 800
Field Testing 8ob\u(u| 1.0 16.9 0.0 8.0 $7,820
Laboratory Analysis
Sieve Analysis 10 Eu. 13 *70 700
Maximum density Determination 4 En. 0�5 $120 480
Laboratory Analysis - 8uhtutul 0.0 0.0 1.8 0.0 $l`lVO
Vt5ca
Engineer 0.0 Bn#r.Hr. 0.0 600
Clcdoul-Repmt 13.5 C|er. Br. 1.0 400
Office - Subtotal 0.0 0.0 0.8 1.0 $1,000
XT�1P���7�D7 1�V�7��V
^~^,~~~~~~~.~ ~~~�^�~ 1,0 16°9 �~� �~KV $1,01000
— _ ' -
Note: This estimate im NOTbased on Prevailin2 Wage for field work.
2084-36 .11np.ao
EXn/ oa Consultant Fee for Geotechnical Services for the Redlands Municipal Airport Shoulder Stabilization Project page 1 of 1