HomeMy WebLinkAboutContracts & Agreements_55-2002_CCv0001.pdf AGREEMENT TO FURNISH GEOTECHNICAL AND PAVEMENT
ENGINEERING SERVICES FOR REDLANDS MUNICIPAL AIRPORT
RUNWAY CORES AND SOILS ANALYSIS
This Agreement is made and entered into this 16th day of April, 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
Ll City hereby engages Consultant and Consultant hereby accepts the engagement to
perform consulting services (the "Services") for the asphalt coring and soils analysis 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 - RESPONSIBILITIES OF CONSULTANT
2.1 The specific services which Consultant shall perform are more particularly described in
Exhibit "A," entitled "Scope of Services" which is attached hereto and incorporated
herein by this reference.
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 - RESPONST—RITLITIES OF CITY
3.1 City shall place at disposal of Consultant all available information in its possession
pertinent to the Project.
3.2 City will 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 performed under this Agreement, and such person shall have complete
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authority to transmit instructions, receive information, interpret and define City's policies
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 in a prompt and diligent manner in accordance with
the schedule attached hereto and incorporated herein by reference as Exhibit"B," entitled,
"Schedule of Services."
ARTICLE 5 - PAYMENT AND NOTICE
5.1 For the performance of the Services, City will pay Consultant a fee not to exceed
$4,322.00 for the Services as described in Exhibit "C," which is attached hereto and
incorporated herein by this reference.
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 Hemsley, 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 INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
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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
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 arise out of
City's negligence, gross negligence, intentional misconduct or strict liability.
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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
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 and in the aggregate. The consultant must obtain an
endorsement extending the reporting period twelve (12) months beyond the current policy
expiration date of September 1, 2002 or maintain coverage for one (1) year after
substantial completion of the project. 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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7.2 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.
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 Alt 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 under 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.
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7.9.1 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 the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By
Mayor City Clerk
Date
CAL-WEST Consultants
1
By i Date
Ronald F. Carducci,P.E.
President
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MEMST
EXHIBIT A
Scope of Services
1. Cores of Asphalt Concrete Pavement
We would obtain cores of asphalt concrete pavement at locations that you
recommend. We have provided for a minimum of eight cores to be obtained. The
cores would be returned to our office and the thickness of each core would be
measured. We would examine each core to determine how many, if any, layers of
asphalt materials are visible within the core. Samples of aggregate base existing
below the core would be obtained, if any. We would report to your office the
thickness and visual description of the aggregate base, if any, found below the
cores. In addition, a bag sample of subgrade soils would be obtained. This
sample would be sufficient to identify the soil type in that area.
2. Recommend the approximate percent Cement Content for Soil Cement in the
airport median areas
We would go into the existing median of the airport, that is the area between the
runway and the taxiway. We would obtain up to four samples of soils from the
median area for laboratory evaluation of approximate percent cement in soil
cement.
In our laboratory we would classify the soil. Additional laboratory tests would be
made to assist in our evaluation. Based on the results of our laboratory evaluation
and on our experience, we would recommend the approximate percent cement to
be added to the native soils to make soil cement. In our evaluation, we would use
the FAA specification for soil cement in establishing the recommended
approximate cement content. Upon completion of the design, we would prepare a
report for your office.
H:CALNk'DOOS`-,PROPOSAU%Redlands,City of 36 ;2056-364RedlandsAitport`,2056-36&PRP EXHIBIT A.doc
Exhibit B
SCHEDULE OF SERVICES
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CAL-WEST Consultants
12210 Michigmi Street,Suite 26
Grand Terrace,Califon a 92313-5476
2956-354 YAPExhibiLsB-C.xas
(909)824-1777 EXFTB'T a
CAL-WEST Consultants
12210 Michigan St. , Suite 26
Grand Terrace, Cly 92313
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CAL-WEST Consultants (CLIENT: City of Redlands
CONSTRUCTION MATI,RIAL.S ENGINEERS PROJECT: Redlands Municipal Airport
COSTESTIMATE (DESC. : Pavement Rehab&Soil Cement in Median
W.O. : 2056-364.PRP MILES: 15 PROPOSAL.DATE;: 12-Apr-02
--------------------------------------------------------------------------------------- ------------------- ---------------- --------------------- ---- ------------------------ ----------------- -----------------------
ENGINEERING ESTIMATED MANPOWER-MANDAYS UNIT PREVAILING TOTAL,
TASK ---------------- ------------------- --- ----------- ---------------------------- -------------- COST WAGE COSTS
QUANTITY UNITS ENGR SR TECH TECH CLER OF ($) ($)
$1.00 $52 $49 $32 TEST
--------------------------------------------------------------------------------------- ------------------- ---------------- ---------------------------- ---------------------------- ----------------- -----------------------
Cores of Pavement
Core Measurements 8 Tests 0.3 $15 120
Sieve Analysis 8 Tests 1.3 $65 520
Atterberg Limits 8 `Pests 1.0 $50 400
Field'Technician 10 'Tech.Hr. 1.3 490
6"Diam.('ores 8 Ea. $90 720
Engineer 4 Engr.Hr. OS 400
Clerical-Report 2 Cler. [Jr. 0.3 64
Cores of Pavement- Subtotal 0.5 0.0 3.9 0.3 $2,714
Recommendation of approximate Percent Cement to add to soil in median
I aboratory Technician 16 Tech.IIn 2.0 784
Field"Technician 4 Tech.fir. 0.5 196
Engineer 5 Engr.fir. 0.6 500
Clerical-Report 4 Cler.IIr. 0.5 128
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Recommendation of approximate Percent
Cement to add to soil in median.- Subtotal 0.6 0.0 2.5 0.5 $1.,608
ESTIMATE TOTAL 1,1 0.0 6.4 0.8 $49322
Note: This estimate is NOT based on Prevailing Wage for field work.If prevailing wages are required for field work,this office must be notified before the field work begins.
For estimating purposes,Prevailing Wages will acid approximately 25%to all field work.
2056-364PR11Exhibit B-C.xls
EXHIBITC; page 1 of 1 Exhibit. C