Loading...
HomeMy WebLinkAboutContracts & Agreements_162-2002_CCv0001.pdf ft AGREEMENT TO FURNISH GEOTECHNICAL SERVICES FOR CALIFORNIA STREET AND INTERSTATE 10 TRAFFIC SIGNALS AND STREET IMPROVEMENTS MATERIALS TESTING AND COMPACTION TESTING This Agreement is made and entered into this 17"' day of September, 2002, by and between the City of Redlands, a municipal corporation ("City") and Hilltop Geotechnical Inc.. ("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 California Street and Interstate 10 Traffic Signals and Street Improvements (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 by providing similar types of services. ARTICLE 2 - RESPONSIBILITIES OF CONSULTANT 2.1 The specific services which Consultant shall perform are to conduct gradation tests on the crushed rock material, conduct concrete strength tests, 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.,- RESPONSIBILITIES 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 night-of-way as required by Consultant to perform the Services pursuant to this Agreement. C:\DOCUME—I\ALICIA\LOCALS—I\TEMP\sbl84ev3-3,doe 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 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 This Agreement shall terminate on July 14, 2004; or earlier as provided for in this -Agreement. Consultant shall perform the Services on an as-needed basis during the construction of the California Street and Interstate 10 Traffic Signals and Street Improvements project. See Exhibit A," entitled, "Consultant Services and Fee." ARTICLE 5 -PAYMENT AND NOTICE 5.1 For the performance of the Services, City will pay Consultant a fee not to exceed $15,000.00 at the rates described in Exhibit"B,"entitled, "Consultant Services and Fee." 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: Mark Hulett. President Hilltop Geotechnical Inc. 27210 E. Third Street Highland, CA 92346 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. C:\DOCUNIE—I\ALICIA\LOCALS—I1TEMP\sbl84ev3-3,doe 2 ARTICLE 6..-INSURANCE AND DMENWIFICATION 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 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 ts 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 I Y 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 C:"'DOCUME—I\ALICIXxLOCALS—I\TEMP\sbI 84ev3-3.doe 3 character whatsoever, to the extent that claims are caused bv' result from or arise 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 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 Liabilitv 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, in lieu of obtaining an endorsement extending the reporting period twelve (12) months beyond the current policy expiration date of July 14, 2003, will provide the City with a certificate of liability insurance for the next twelve (12)month policy period of July 14, 2003 through July 14, 2004. Certificate of liability insurance 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. C:\DOCLTME-I\AL-ICIA\LOCALS-I\TEMP\sbl84ev3-3.doe 4 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. /.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. /.3 The Consultant's key person proposed for this project is as follows: Mark Hulett 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 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 employe.- between the parties. 11.6 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 C:'DOCUME-I\A-LICM\LOCALS-I\TEMP\sbl84ev3-3.doc 5 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. IN, WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: B ------- _:7e Mayor I City C-lerk Date September 17, 2002 Hilltop Geotechnical,Inc. By Date . /5102' Mart Hulett, President C:",,DOCLIME-I\ALICI-AL'xLOCALS-I\TEMPI,sbI 84ev3-3.doc 6 EXHIBITS A & B - CONSULTANT SERVICES AND FEE September 4, 2002 The City of Redlands P02085 P.O. Box 3005 Redlands, CA 92373 Attention: Mr. Bill Hemsley - Senior Engineer Subject: PROPOSAL FOR OBSERVATION AND TESTING SERVICES, PROPOSED CALIFORNIA STREET TRAFFIC SIGNALS AND STREET IMPROVEMENTS AT INTERSTATE 10, CITY OF REDLANDS, CALIFORNIA. Reference: PROJECT PLANS; PREPARED FOR THE CITY OF REDLANDS. Hilltop Geotechnical, Inc. wishes to thank you for consideration of us to provide you with Geotechnical Testing Services during construction of the proposed"California Street Traffic Signals and Street Improvements at Interstate 10". In accordance with your request, we are pleased to submit this Proposal. Based upon our review of the project plans, the proposed improvements will consist of widening the street under the Interstate 10 freeway, installing new curb and gutter, sidewalk and re-paving with PCC pavement. Additionally, you 'intend on installing new sewer and water line. The scope of our services will include compaction testing during the backfill operations., street,curb &gutter and sidewalk subgrade, as well as base-grade. Additionally, we propose to fabricate concrete cylinders for compression testing, during all the concrete pours. A small amount of asphalt compaction testing is also anticipated. The entire project appears to be within the Caltrans Right of Way and as such, we propose to perform the tests in accordance with the Caltrans Standard Specifications. The actual amount of testing will be determined by the City of Redlands Public Works Inspector. Based upon our experience, it is anticipated that qualified technicians will be needed EXHIBITS A & B - CONSULTANT SERVICES AND FEE P02085 Proposal September 4, 2002 Page No. 2 to perform the construction inspection and all related soil/material testing necessary to ensure that the above referenced project is constructed in accordance with the project's approved plans and specifications. Our Geotechnical Engineer will be available for necessary on-site meetings and for specific discussions with City Staff. Additionally, laboratory services consisting of various soils and aggregate tests are also anticipated. Hilltop Geotechnical, Inc.is qualified to perform all the services you require. SCOPE OF SERVICES It is our understanding that Hilltop Geotechnical, Inc., acting under the specific authorization of the City of Redlands or their authorized representative, will provide a qualified technician for inspection and testing purposes and evaluation ofearthwork materials and processed aggregate materials encountered during the construction of the subject improvements, per the projects plans and specifications. Hilltop Geotechnical, Inc. shall also provide laboratory testing services for soil and processed aggregate materials in accordance with the -plans and specifications for the project. Hilltop Geotechnical, Inc. will also provide an office contact person who will coordinate the scheduling of the field technician for testing and sampling with the City. For this project, we anticipate using our present laboratory facilities at 27210 East Third Street, in the City of Highland. Our field technicians will monitor and observe soil fill placement during the utility trench backfill operations. Additionally, our technician will perform compaction testing during the street, sidewalk,curb and base preparations. Concrete inspection and cylinder fabrication as well as asphalt compaction testing and sampling will also be provided. At the conclusion of our testing, we will provide the results of our observations and testing in a formal report to the satisfaction of the City. ESTIMATED COST The estimated cost of our services is based upon our review of the project plans, and our estimates of time required for the various construction operations as no HILLTOP GEOTECHNICAL, INC. EXHIBITS A & B - CONSULTANT SERVICES AND FEE P02085 Proposal September 4, 2002 Page No. 3 construction schedule was provided for us. It is understood that this will be a "Prevailing Wage"job and as such, our rates and minimum charges reflect this. An estimated cost breakdown is provided in the itemized appendix. Due to uncertainties connected with construction inspection services such as crew size, amount and type pe of equipment used, equipment breakdowns, and weather the number of working days may vary considerably. Therefore, we will invoice only at the quoted unit cost only for work actually performed. Any retest will be treated as an additive item and invoiced accordingly. If our estimated quantities do not fit the projected schedule, our proposal can be adjusted accordingly. It is to be understood that this proposal is based upon"unit prices" and is not to be considered as a fixed job bid. The estimated costs are broken down and presented in the attached itemized appendix. Additional testing and inspection services not referenced in these appendices will be invoiced per our current fee schedule. DEFINITION OF RESPONSIBILITY The presence of our field representatives will be for the purpose of -providing observation and field testing. Our work does not include supervision or direction of the actual work of the contractor, his employees or agents. The contractor for this project should be so advised. The contractor should also be informed that neither the presence of our field representative nor the observation and testing by our firm shall excuse him in any way for defects in his work. It is understood that our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. AUTHORIZATION If this Proposal meets with your approval, please include a copy of this proposal in your contract with us and return a sign copy of the contract to this office. HILLTOP GEOTECHNICAL, INC. EXHIBITS A & B - CONSULTANT SERVICES AND FEE P02085 Proposal September 4, 2002 Page No. 4 Hilltop Geotechnical, Inc. carries workman's compensation as well as both general liability and professional liability insurance for all our projects. Certificates of Insurance will be provided upon your request. Hilltop Geotechnical, Inc. looks forward to providing professional services to the City of Redlands. Respectfully submitted, HILLTOP GEOTECHNICAL, INC. Mark Hulett President HILLTOP GEOTECHNICAL, INC. APPENDIX HILLTOP GEOTECHNICAL, INC. EXHIBITS A & B - CONSULTANT SERVICES AND FEE ITEMIZED COST ESTIMATE CITY OF REDLANDS CALIFORNIA STREET TRAFFIC SIGNALS AND STREET IMPROVEMENTS AT INTERSTATE 10. I. SOILS - Compaction Testing Pre-grade Meeting 2 hours @ $120.00/hour $240.00 Field Technician - Field Sampling and Compaction Testing 80 hours @ $77.00/hour $6,160.00 11. CONCRETE AND PCC PAVEMENT ACI Technician - Observation and Cylinder Fabrication 40 hours @ $77.00/hour $3,080.00 Sample Pickup 8 hour @ $77.00/hour $616.00 111. PAVEMENT -ASPHALT Field Technician - Field Sampling and Compaction Testing 4 hours @ $717.00/hour $308.00 Sample Pickup 1 hour @ $77/hour $7 7.00 IV. LABORATORY TESTING 4 - Maximum Density Test I @ $120.00/each $480.00 1 - Hveem Density I @ $185.00/each $185.00 1 - Extraction/Gradation I @ $185.00/each $185.00 10 - Concrete Compression Tests ($80.00/set of 4) $800.00 V. PROJECT MANAGEMENT AND FINAL COMPACTION REPORT Soil Supervisor, Senior Geologist andlor Senior Engineer $2.869.00 TOTAL ESTIMATE $15,000.00 HILLTOP GEOTECHNICAL, INC. EXHIBITS A & B - CONSULTANT SERVICES AND FEE 2002 SCHEDULE OF FEES To: The City of Redlands Project: California Street Traffic Signals and Street Improvements at Interstate 10 Attention: Mr. - Bill Hemsley UNIT JOB CLASSIFICATION RATES SOIL TECHNICIAN (3 hour min) $717.00 ACI TECHNICIAN (3 hour min) $77.00 FIELD SUPERVISOR $100.00 PROJECT GEOLOGIST/ENGINEER $110.00 ENGINEERING GEOLOGIST $120.00 PRINCIPAL ENGINEER $120.00 ICBO CONCRETE INSPECTOR $ 80.00 DRAFTSMAN 1 $50.00 WORD PROCESSOR $43.00 MAXIMUM DENSITY $120.00 SIEVE ANALYSIS - DRY $85.00 CONCRETE COMPRESSION TEST (Set of 4) $80.00 HN EEM TEST $185.00 EXTRACTIONIG TEST $185.00 Specific pricing for other laboratory tests not listed can be provided upon your request. HILLTOP GEOTECHNICAL, INC.