HomeMy WebLinkAboutContracts & Agreements_240-2005_CCv0001.pdf LAL-
WEST
AGREEMENT TO FURNISH CONSULTING SERVICES
FOR MATERIALS TESTING AND GRADING INSPECTION SERVICES FOR THE
REDLANDS SPORTS PARK PROJECT
This Agreement is made and entered into this 6th day of December,2005 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and CAL-WEST Consultants hereinafter
("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform materials testing and grading inspection services for
City's Sports Park which is more particularly described in Exhibit"A"which is attached hereto
and incorporated herein by this reference.
1.2 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 similar types of services.
ARTICLE 2 - OBLIGATIONS OF CONSULTANT
2.1 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including,but not limited to, all applicable Labor Code
and prevailing wage laws commencing at Labor Code section 1770 et seq., and non-
discrimination laws including the Americans with Disabilities Act and the Fair Employment
and Housing Act.
2.2 Consultant further understands that if it violates the provisions of the Labor Code relating to
prevailing wage, that City may enforce the Labor Code by notice of the withholding of
contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726,
1727 and 1771.6.
2.3 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the
Services, that Consultant shall comply with Labor Code sections 1775 and 1777.7 by
providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory
provisions for penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in City's possession that is relevant to
the performance of Consultant's Services.
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3.2 City will make provision for Consultant to enter upon City-owned property to perform the
t Services.
3.3 City designates Bill Hemsley to act as its representative with respect to the Services to be
performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner. The Services shall be
commenced on December 12,2005 and shall be completed when construction of Phase Ia of
City's Sports Park is completed.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 City shall pay Consultant on a time and materials basis at the hourly rates specified in its
proposal dated September 14,2005 which is attached hereto as Exhibit"B"and incorporated
herein by this reference. The total compensation for Consultant's performance of the
Services shall not exceed the amount of$45,995.
5.2 Within ten days following the end of each month during the term of this Agreement,
Consultant shall submit an invoice to City indicating the portion of the Services performed,
who performed the Services, indirect costs, and the detailed cost of all Services including
backup documentation. Payments by City to Consultant shall be made within 30 days after
receipt and approval of Consultant's 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 shall be addressed as follows:
City Consultant
Bill Hemsley Ron Carducci
City of Redlands CAL-WEST Consultants
Public Works Department 12210 Michigan St., Suite 26
PO Box 3005 Grand Terrace, CA 92313
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices and
payments are to be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during its
performance of the Services and shall be primary with respect to City and non-contributing to
any insurance or self-insurance maintained by City. Consultant shall not commence the
Services unless and until all required insurance listed below is obtained by Consultant and
Certificates of Insurance and endorsements evidencing such insurance are presented to City.
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All insurance policies shall include a provision prohibiting cancellation, except upon thirty
(30) days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability
t insurance throughout its performance of the Services in amounts which meet statutory
requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected officials
and employees for losses arising from work performed by Consultant for City by
expressly waiving Consultant's immunity for injuries to Consultant's employees.
Consultant agrees that its obligation to indemnify,defend and hold harmless provided for
in this Agreement extends to any claim brought by or in behalf of any employee of
Consultant. This waiver is mutually negotiated by the parties. This section shall not
apply to any damage resulting from the sole negligence of City,its agents or employees,
the obligations provided herein to indemnify, defend and hold harmless are valid and
enforceable only to the extent of the negligence of Consultant, its officers, agents and
employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout its performance of the Services 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout its performance of the Services in the amount of one million dollars
($1,000,000) per occurrence and annual aggregate.
6.5 Business Auto Liability Insurance Consultant shall have business auto liability coverage,
with minimum limits of one million dollars ($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 in connection with its performance of the Services, hired
and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
6.6 Assignment and.Insurance Requirements Consultant is expressly prohibited from assigning
any of the Services without the prior written consent of City. In the event of mutual
agreement between the parties to sublet or assign a portion of the Services, Consultant shall
add the assignee as an additional insured to Consultant's insurance policies and provide City
with insurance endorsements prior to any Services being performed by the assignee.
Assignment does not include printing or other customary reimbursable expenses that may be
provided in this Agreement.
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s67 fold HqtMless an d Lnde ni-fi atlon. Consultant shall defend,indemnify and hold
es
City,its lea d offi al s,officers empl�iy az�cl agents ��and a Ernst army %d all a o ;
lam ,derrzads,lsut ,lcsse ands damages to persons r ropty, nud
firsts attorney e , that ire lie
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event action is.coed to en, or ifiterp any dentins
this . fit thepreya�lir lie
pa rt shall,xi aditiin to any sts and other relief; *ntitled
to there "of its reasonable attorneys`fees,
7. Consultant's key personnel or,the Project are.'
Ron Carducci
J Bland
Consultant agrees that these key people sh llhe made available and assigned to perform tie
Services and,that they shall not be replaced without concurrence ftom City.
7.31 1 All d o ent ,records;drawings,designs,cost ostirn t&electronic data files,databases
other documents developed by consultantand pursuant to this gree sent aid ani copyri copyright,
interest is such documents shall becomethe property o tit and shall be delivered to pity
up rrt ors pl tion dithe Ser ces,or upon the request of'City. Ani
reuse of,such documents
and any use of"incomplete documents will he atCity's sale risk.
T4 1 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumental'ities required o perform the services described i 'this Agreement. ; l
personnel�emploed by Consultant are for its account only,and i no eget shall consultant
o any personnel retard by it he ceeed to ae hen npleed b zty c r byiy
dote ae�ount` for belief old pity.
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a�it ue o�ltant,at the. e o taTnInation may adl stet e tent o any
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additlohal costs to C t oe ioncd by tie xlt h C ult nt;
7-7 Upon receipt ofa termination notice,Consultant,shall immediately diconti
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NEW
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 work completed up until notice of termination.
7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in
performing the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.9 This Agreement, including the attachments 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 agreements with regard to the subject matter
hereof between City and Consultant are superseded by this Agreement. Any amendment to
this Agreement shall be in writing, approved by City Council of City and signed by City and
Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in
confirmation of this Agreement.
City of Redlands
By: . � ...
By: �
'j
JON HARRISON RONALD F. CARDUCCI
Mayor President
ATTEST:
City Cl k, City of R an s
flaae 5 of 5
Exhibit "All
Scope of Services - CAL-WEST Consultants
The scope of services provided by CAL-WEST Consultants for the Redlands Sports Park Project
shall include the following:
I On call inspection including inspection for the preparation of sub-grade placement and
compaction of aggregate base and partial onsite inspection during the placement of
asphalt concrete.
2. On call testing materials testing of asphalt concrete samples.
3. On call compaction testing of trench backfill and laboratory testing of bedding materials.
4. On call sampling and testing of concrete placed on the project and preliminary sieve
analysis and sand equivalent tests of concrete aggregates used.
5. Provide recommendations for detention basin dike and cut-off wall including a flow net
analysis.
cAz-aEar Consultants
12210 Michigan St., Suite 26
xranu Terrace, CA 92313
-------------- ---------------------------_ r090 824-1777 '
,
CAL-WEST CaummuumtsI CLIENT: City vfRedlands -----
---------------
-----------
------------
--------------
------------
--------
,ONSTRUCTION MATERIALS EN0]NE8R,' rT:Redlands Sports Park JLDetention Basin
2ND REVISED COST ESTIMATE IDESC. : On-Call Testing&inspection During Construction
_________Scp�mb� u�2OO5 _______ i 9/1�: 2159
-------------- �64V05PDP MILES: 15 PROPOSAL DATE: 14-Sep-05
_________ ______ ______________ _______________ _______
TASK
aNOD«EEDDvG ESTIMATED��A0PnYYE8-MANDAY/ DN(T ����I�O* -------'
----------------------------- ----------- --------------------- TOTAL
COST \v&(Ba COSTS
VuANTIT� UNITS ENGR;RTECB TECH CLEK OF
ruuv.vv&GB
______________________________�_ ________ ____________�\40_ ___�05_ _____�8�___ �45_ _T�ST_-------------- ----______------
u^call Testing and Inspection
/\U Working Days per Bill 8eroaluy
Tcpboic(on
Technician(Overtime) �
39 To �b�I� 39.0 26520
�m�ion�r 3 Tech.Days
3 3.0 $128 3''VhO
Clerical Reports a �n�rur� 4�� 5040
Mileage | 5-^ ~^~^�^� z�8 990
__ Miles. $0.55 825
On-site Testing and Inspection ����� �-
---� - 4.5 0.0 42.0 2.8 $36,435
2/5*364-pnpu/n
2/59-3tA-05msv2cwT
page 1 m*
CAL-WEST Consultants
12210 Michigan St., Suite 26
Grand Terrace, CA 92313
(909) 824-1777
-----------------------------——-—---—----------------- -------------- ----------------------------- ---------- -------------------------- ------------------------— ---———-—-----—--
CAL-Wf-ST Consultants I CLIENT: City of Redlands
;ONSTRUCIJON MATERIALS ENGINEER'(PROJECT:Redlands Sports Park&Detention Basin
2ND REVISED COST ESTIMATE IDESC. : On-Call Testing&inspection During Construction
September 14,2005 1 W.O,: 2159-3648-05PRP MILES: 15 PROPOSAL DATE: 14-Sep-05
--------------------------- —-—-----— --—---------- ----------------------------- ----------- -------------------------- ------------------------— --------------
ENGINEERING
------------ENGINEERING ESTIMATED MANPOWER-MANDAY! UNIT 'REVAILINi TOTAL
TASK -------------- ----------------------------- ----------- -------------------------- COST WAGE COSTS
(QUANTITY UNITS ENGR;RTECH TECH CLER OF
PREV.WAGE
$140 $85 $85 $45 TEST
---------------------------------—--—-—-—-—--—-----——--------- ----------------------------- ----------- -------------------------- -------------------------- --------------------
Earthwork
-------------------
Earthwork and Grading
Sieve Analysis 5 Tests 0.8 $115 575
Sand Equivalent 5 Tests 0.7 $90 450
Maximum Density Determination 4 Tests 0.8 $140 560
Specific Gravity 2 Tests 0.2 $80 160
--------------------------------------------------------------------------------------------------
Earthwork and Grading-Subtotal 0.0 0.0 16 0.0 $1,745
Aggregate Base
Sand Equivalent 2 Tests 0.3 $90
Sieve Analysis 2 Tests 03 $115 180
R-Value 230
1 Tests 0.4 $250 250
Maximum Density Determination 2 Tests 0.4 $140 280
---------------------------------------------------------------------------------------------------
Aggregate Base-Subtotal 0.0 0.0 1.4 0.0 $940
2159-364-PRP.x1s
2159-364-05REV2CST page 2 of 4
| �-------
�
CAL-WEST Consultants
12e10 Michigan St`, suite 26
Grand Terrace, cx 9e313 ~
-------------- ----_----------------------- (nop) 8e4-1777
CAL-WEST ConouUmuts ------ -----------'--- -------------
"�S�n�i����D���|�� �i�"f�d1��
2�D��v|S�D003TB3Tl88�T6 9KOJ6(3�:Redlands SP»�mPa�6�D�codvoBasin
��p�m��l4 2VO� |ueSC : On-CuOToodng6Liuopr�iuuDmioAC000���oo
________________```______________ / \�O._: _ 2�9�64KO5PDy___ y4DES: _____ l5 __ yRDp00*LoATE: /4-3o905
'TASK
EN6UNEEnQYG ESTIMATED MANPOWER'8x��D�lC VN[r '-------'-----------
--'--- ---------------- ------- --------------- C0QT WAGE :0�--
0OANT[T\ UNITS BMGK/RTECH TECH CL68 OF /u
(%) �»u
yKEV.WAGE `-'
---------------------------------------___ _---- -------------- ____ $)40 $85 $85 $45 TEST
_
---------- ------ -__-____-______ ______________ ___________
~~~~~~~=*+**°***~**~***+*
A»nt�t C^oom� * *,***********�"
Extraction&Gradation. 8 Tests
Ignition Oven Cobhmhou | Tests 2.9 %250 2.000
�
S-Vu= 8 Tests0.3 D200 200
Unit Yvcight"fCompacu�8hqpeuo 0 Set of2 2.6 $225 1,800
__ u 0.6 $50 400
Asphalt Concrete� Subtotal}
o�v **** o****** kJ 0.0 $4.40O
Trench Backfill
Maximum Density Determination 2 Tcmo
Sieve Analysis 4 Tonw 0.4 $140 280
Sand Equivalent 4 Tcmm 8.7 $115 460
_
0.5 %90 300
TreocbBuokfiU-Subx�u -------------- �~~~�~�~~�~
=" OO 08 ] 6 O0
�****� �~�~~^~~~~*w~*~°***�*,,~*,*~�*,* $1,100
"
2/59'364-1'ep.,1s
2/59a64u5asr2oar
page nv,*
CAL-WEST Consultants
12210 Michigan St., Suite 26
Grand Terrace, CA 92313
(909) 824-1777
-------------------------------- —------——---- ---—-------- ----------------------------- ------- -------------------------- -------------------------- -—-------——-
CAL-WEST Consultants I CLIENT: City of Redlands ------
�ONSTRUCTION MATERIALS ENGINEER,(1PROJECT:Redlands Sports Park&Detention Basin
2ND REVISED COST ESTIMATE IDESC. : On-Call Testing&inspection During Construction
September 14,2005 1 W.O.: 2159-364R-05PRP MILES: 15 PROPOSAL DATE: 14-Sep-05
------------------------------------------—-—-——---- —------------ ----------------------------- ----------- -------------------------- -------------------------- -------------------
ENGINEERING
------------------ENGINEERING ESTIMATED MANPOWER-MANDAY! UNIT 'REVAILINi
TASK -—----------- ----------------------------- ----------- -------------------------- TOTAL
COST WAGE COSTS
QUANTITY UNITS ENGR;R TECH TECH CLER OF
PREY.WAGE
$140 $85 $85 $45 TEST
-----------
Concrete ------------- ----------- -------------------------- --------------------------- ------------------—
Compressive Strength Tests 5 Set of four 0.6 $75 375
-------------0.0-----------------------------6
Concrete-Subtotal 0.0 0.0 O. -
$375
Recommendations for Retention Basin Dike and Cut-Off Wall
Flow Net analysis I each 0.4
Engineer 3 Engr.Hr. 0,4 $490 490
Clerical-Report 420
2 Cler.Hr. 03 90
-------------------------------------------------------------------
Design-Subtotal 0,8 0.0 0.0 0.3 $1,000
TOTAL COST NOT-TO-EXCEED
WITHOUT PRIOR AUTHORIZATION 5.3 0.0 53.0 3.0
$45,995
This Estimate does not include equipment for cutting cores.
This Estimate does not include Quality Control for Electrical Work.
2159-364-IIRP,xis
2159-3(A-05REV2CST
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