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HomeMy WebLinkAboutContracts & Agreements_37-2003_CCv0001.pdf AGREEMENT TO FURNISH SOILS INSPECTION SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN This Agreement is made and entered into this 4'h day of March 2003, by and between the City of Redlands, a municipal corporation (hereinafter"City")and Hilltop Geotechnical, Inc., (hereinafter "Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for the 1350 Zone Water Transmission Main ("Project"), for the city of Redlands, California. 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 high quality Services 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 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment"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 - RESPONSIBILITIES OF CITY 3.1 City shall make available to consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City- owned property or rights-of-way as required by Consultant to perform the Services. 3.3 City designates Lonny Young as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. 1350 Zone Water Transmission Main Project, Soils Inspection Services March 4, 2003 Page 2 ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of$17,790. City shall pay Consultant on a Time and Materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment "D", entitled "Rate Schedule". 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating 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 contractual 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 Mr. Lonny Young Mr. Mark Hulett Municipal Utilities Department Hilltop Geotechnical, Inc. 35 Cajon Street 27210 E. 3d Street P.O. Box 3005 Highland, Ca 92346 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill 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. 1350 Zone Water Transmission Main Project, Soils Inspection Services March 4, 2003 Page 3 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required 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 not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. All insurance policies shall include a provision prohibiting cancellation of the policy 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 insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against 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 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of this 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. 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 the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 1350 Zone Water Transmission Main Project, Soils Inspection Services March 4, 2003 Page 4 6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 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. 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 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 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. 6.7 Hold Harmless and Indemnification. Contractor shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents,from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. 1350 Zone Water Transmission Main Project, Soils Inspection Services March 4, 2003 Page 5 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 the recovery of its attorneys' fees. 7.2 Consultant shall not assign any of the Services required by 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 Consultant's key personnel for the Project are: Project Manager: Mark Hulett Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, cost estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement and any copyright interest Consultant may have in said herein described documents, records and data shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of the City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. All personnel employed by Consultant are 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 1350 Zone Water Transmission Main Project, Soils Inspection Services March 4, 2003 Page 6 7.7 This Agreement may be terminated by the City, without cause, by providing ten (10) days prior written notice to the Consultant(delivered by certified mail, return receipt requested) of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and (2) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), 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. 7.9 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 Agreement. Any amendment to 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 City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Hilltop Geotechnical, Inc. ("City") ("Consultant") By: By: Karl N. (Kasey) Haws Mayor Title: ATTEST: Lord Poyzer- W4krk City of Redlands AGREEMENT TO FURNISH SOIL INSPECTION SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT A 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 of earthwork materials and processed aggregate materials encountered during the construction of the subject improvements, per Project No. 4-0318 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 waterline trench backfill operations. Additionally, our technician will perform compaction testing during the base and asphalt paving preparations. 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. AGREEMENT TO FURNISH SOIL INSPECTION SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT B PROJECT SCHEDULE A preliminary schedule for the project is included below: March 24, 2003 Begin soils inspection services. July 1, 2003 Complete soils inspection services. AGREEMENT TO FURNISH SOIL INSPECTION SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT C PROJECT FEE I. SOILS - (Based upon 600 linear feet per day) Compaction Testing for Trench Backfill Field Technician - Field Sampling and Compaction Testing 24 days @ 5 hours/day @ $77.00/hour $9,240.00 Compaction Testing for Aggregate Base Field Technician- Field Testing 12 hours @ $77.00/hour $924.00 11. ASPHALT PAVEMENT- Observation and Testing Field Technician - Field Sampling, Observation and Density Testing 8 hours @ $77.00/hour (Cal-Trans required) $616.00 16 hours @ $77.00/hour City of Redlands (optional) $1,232.00 Field Technician-Batch Plant, Observation and Testing 8 hours @ 77.00/hour (Cal-Trans required) $616.00 16 hours @ 77.00/hour City of Redlands (optional) $1,232.00 Ill. LABORATORY TESTING 7 - Maximum Density Tests 7 @ $120.00/each $840.00 4 - Cal-Trans Maximum Density Tests 4 @120.00/each $480.00 3 - Cal-Trans Gradations (Bedding Sand, Aggregate Base and Road Base Course) 3 @ 80.00/each $240.00 3 - Cal-Trans Sand Equivalent (Bedding Sand, Aggregate Base and Road Base Course) 3 @ $75.00 $225.00 3 - Cal-Trans Hveein Density & Stability (Asphalt) I @ $150.00/each $150.00 1 - Cal-Trans Extraction and Gradation (Asphalt) 1 @165.00/each $165.00 2 - City of Redlands Hveein Density & Stability (Asphalt) 2 @ $150.00/each $300-00 2 - City of Redlands Extraction and Gradation (Asphalt) 2 @165.00/each $330.00 IV. PROJECT MANAGEMENT AND FINAL COMPACTION REPORT Soil Supervisor, Senior Geologist and/or Senior Engineer $1,200.00 TOTAL $17,790.00 AGREEMENT TO FURNISH SOIL INSPECTION SERVICES FOR THE 1350 ZONE WATER TRANSMISSION MAIN PROJECT ATTACHMENT D 2003 RATE SCHEDULE UNIT JOB CLASSIFICATION RATES SOIL/MATERIALS TECHNICIAN (2-HOUR $77.00 MIN.) FIELD SUPERVISOR $95.00 FIELD GEOLOGIST (NON-REGISTERED) $100-00 ENGINEERING GEOLOGIST $120.00 SENIOR ENGINEER $120.00 DRAFTING/CLERICAL $45.00 SAND EQUIVALENT TEST $75.00 MAXIMUM DENSITY $120.00 (IRADATTON 1 5MI90-00 it Specific pricing for other laboratory tests not listed can be provided upon your request.