Loading...
HomeMy WebLinkAboutContracts & Agreements_135-2009_CCv0001.pdf AGREEMENT FOR GEOTECHNICAL SERVICES FOR REDLANDS' WATER PIPELINE REPLACEMENT PROJECT, PHASE III This agreement for geotechnical services for the City of Redlands' Water Pipeline Replacement Project, Phase III ("Agreement") is made and entered into this I st day of September, 2009("Effective Date"), by and between the City of Redlands, a municipal corporation ("City")and Converse Consultants("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party"and, together, as the"Parties." 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 to provide geotechnical services for the City's Water Pipeline Replacement Project, Phase III (the "Services"). 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 like and similar types of Services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled"'Scope of Services."which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable Federal. State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws. ARTICLE 3 -RESPONSIBILITIES OF CITY 3.3 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates its Municipal Utilities and Engineering Director, or the Director's designee, as the City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 - PERFORMANCE OF SERVICES 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit "B." entitled "Project Schedule." 1:",Ca\oim\Agreem--nt.s'(.ieotechr,icaI doc 4.2 During the term of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Extra Services"means any work that is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Services do not exceed twenty percent(20%)of the compensation to be paid by City to Consultant for the Services, such Extra Services may be agreed to by the Parties by written amendment to this Agreement, executed by the City Manager, or duly authorized city official. Consultant shall not perform, nor be compensated for, Extra Services without such written authorization from City. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Thirty Three Thousand Nine Hundred Sixty Four Dollars($33,964). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit"C"entitled"Project Costs,"and based upon the hourly rates shown in Exhibit"D,"entitled "Rate Schedule."Both Exhibits"C"and"D"are attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the work performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed,the number of hours spent and by whom, and a description of reimbursable expenses related to the project. City shall pay Consultant no later than thirty (30)days after receipt and approval by City of Consultant's invoice, provided (1) the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, and (2)that related expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. 5.3 Project communications and notices shall be given in writing by personal delivery or by mail.Notices sent by mail should be addressed as follows: CitV Consultant Mr. Rudy Victorio, Associate Engineer Mr. Hashmi S.E. Quazi, Ph.D., G.E. Municipal Utilities and Engineering Dept. Regional Manager City of Redlands. Converse Consultants 35 Cajon Street, Suite 15A 10391 Corporate Drive Redlands, CA 92373 Redlands,CA 92374 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 who notices and payments are to be given by giving notice pursuant to this section 5.3. [^.ca;dim,Agreements',,Cieotechnical dac 2 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Insurance. Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until 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 the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy's coverage limits except upon thirty(30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain Worker's Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California, with an insurance carrier acceptable to City. 6.3 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against claims, losses or liability, including attorneys' fees,arising from injury or death to persons or damage to property occasioned by Consultant's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services. 6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without the express prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements required by this Agreement prior to the performance of any Services by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. 6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the tern 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. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars($1,000,000)per claim made. 6.7 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 Consultant's provision of C;tcaidjm'iAgreements\(ieotechnical,doe 3 the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured. Such insurance shall be primary and non- contributing to any insurance or self insurance maintained by City. ARTICLE 7 -CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property associated with the subject matter of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i)the making or any governmental decisions regarding approval of a rate, rule or regulation, or the adoption or enforcement of laws; (ii)the issuance, denial, suspension or revocation of permits, licenses, applications, certifications,approvals, orders or similar authorizations or entitlements; (iii) authorizing City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v)granting City approval to a plan,design, report, study or similar item; (vi) adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. 1stca\djm�Agreements\Geotechnical.doc 4 ARTICLE 8 -GENERAL CONSIDERATIONS 8.1 Attorneys'.Fees. 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 reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms, and conditions of this Agreement. 8.3 Documents and Records. Project related documents, records, drawings, designs, cost estimates. electronic data files,databases and other documents developed by Consultant in connection with its performance of the Services, and copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or 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. Consultant shall have no authority, express or implied., to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.5 Termination. A. Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated.by City, in its sole discretion, by providing thirty (30)days' prior written notice to Consultant (delivered by certified mail, return receipt requested)of City's intent to terminate. C. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but(1)no amount shall be allowed for anticipated profit or unperformed Services, and (2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. D. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, 1,tCa\ditr,\Agreements"Cxeotechnicat doe 5 deliver or otherwise make available to City, copies(in both hard copy and electronic form, where applicable)of project related 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. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Books and Records. Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three(3)years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 Entire Agreement/Amendment. This Agreement, including the Exhibits 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 verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. t:lca,djm`.Agreements\Geotechnical.doc 6 IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS CONVERSE CONSULTANTS By.IT . By. nriq M nez, City anage Hashmi S.E. Quazi, Regional Manager Attest: City Cle 7 EXHIBIT A SCOPE OF SERVICES Our scope of work will likely include the following: Task 1: Field Services Our field services will likely include the following: • Conduct in-place density tests of compacted trench backfill. It is estimated that six (6) visit will be required for each site for a total of 102 (6 x 17) visits • Transport soils samples from the site to our laboratory Task 11: Laboratory Testing • Determine maximum dry density and optimum moisture content for soils and aggregate base Task III: Report Preparation We will prepare a letter report which will include the following'. • A table with field density test results • Laboratory Test Results 1:lcakdjmlAEreementsiGeotechnicai doc A-I EXHIBIT B PROJECT SCHEDULE The schedule for density testing of compacted trench backfill will follow the construction schedule. The duration for project completion is 365 calendar days. I a. 3_In 1> nits{ivt t hr ca?do B-1 EXHIBIT C PROJECT COSTS Our cost estimate is provided in the following tables. Our fees for the services listed in our scope of work will be billed on a time-and-materials basis in accordance with our attached Schedules of Fees and General Conditions, which form a part of this proposal. Field Service Unit Total Unit Rate Total Units Sample pick-up and delivery C Hr 20 $50 $1,000.00 Conduct in-place density testing of compacted Hr 408 $68 $27,744.00 trench backfill (102 visits @ 4hr/visit) Total $28,744.00 Laboratory Type of Test Unit Total Unit Rate Total Units Maximum density test on soils (1 for every site Sample 17 $100 $1,700.00 for a total of 17) Maximum density test on aggregate ba's=eS=ample 2 $ilo $220.00 Total $1,920.00 Office Service Unit Total Units Unit Rate Total Project Manager j Hr 10 $100 $1,000.00 Support staff(data processing, co-ordination, etc) Hr 10 $50 $500.00 Prepare field density test results report Sum 11 $1,800 $1.800.00 I Total $31300.00 1:Ica\djrn�Ag een,.ents,,Geoteciiiiicai doc C-1 COST SUMMARY Field ------------------------------------------------------------------------------------------------$28,744.00 Laboratory----------------------------------------------------------------------------------------- $ 1,920.00 Office------------------------------------------------------------------------------------------------$ 3,300,00 TOTAL---------------------------------------------------------------------------------------------$33,964.00 CONDITIONS Our fees are based on the following assumptions: • Normal working schedule is eight hours per day. Work over 40 hours weekly will be charged at 1.5 times the regular hourly rate. Weekends and holidays will also be charged at 1.5 times the regular hourly rate. • For time in excess of four hours and less than eight hours, we will charge to the nearest corresponding hour above four working hours. • Our services will be performed on a time-and-materials basis in accordance with the rates presented in the cost tables and our Schedule of Fees, copies of which are attached and form a part of this proposal. • For on-call services, only test results will be provided. No verification report will be provided to indicate that the project was completed in substantial compliance with the plan and specification. • It is understood by both contracting parties that this is a prevailing wage project as defined in Labor Code Sections 1770-1780. • Our field representative will not direct, supervise, or lay out the work of the contractor. Our services will not include a review or evaluation of the contractor's safety measures on or near the project. • Any meetings and/or consultation(s) requested by the client will also be charged in accordance with the attached Schedules of Fees. • We require 24 hours advance notice for our services. We will make every attempt to accommodate requests on shorter notices. I'e.i'djmlAgreey,.ienLk'iGeotechnical.doc EXHIBIT D RATE SCHEDULE CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its dients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.This fee schedule is valid through January 31,2010. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Construction Inspector—ACI/ICBG and/or AWS/CWI certified(concrete,post-tension.masonry,structural steel, fireproofing,indudes concrete batch plant and local steel fabrication inspections) $75 USA Masonry Inspector 78 Non-Destructive Testing Inspector(ultrasonic,magnetic particle,dye penetrant,skidmore,pull testing.torque testing. Schmidt hammer,and pachometer) 85 Soils Technician(soil,base,asphalt concrete,and moisture emission testing) 68 Sample Pick-up 50 Professional Services(Field and Office) Staff Professional X80 Senior Staff Professional 85 Project Manager 100 Senior Professional 135 Principal Professional 160 Laboratory Testing Laboratory Technician $B5 (Unit prices for routine tests quoted upon request;see Geotechnical Laboratory Testing and Materials Testing Services Schedules of Fees) Office Support ClericaINVord Processing $50 Overtime and special shift rates for Field Technical Services personnel are determined in accordance with Prevailing'Wage law.Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses(drilling,trenching,etc.)are charged at cost plus fifteen percent. 2. Travel and subsistence expenses(transportation, room and board, etc.)for individuals on projects requiring travel andior living away from a principal office are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent(rentals)or at a rate of fifty-five cents per mile for the company owned vehicles traveling between prindpal office and project. 4. Other out-of-pocket direct project expenses(aerial photos,long-distance telephone calls,permits,bonds,outside printing services,tests,etc.) are charged at cost plus fifteen percent. 1'lca\ctim\Agreemerts\(reotechnicaf:doc D-I CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material,which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS CONSOLIDATION AND SWELL COLLAPSE TESTS Visual Classification,ASTM D2488.....................................8.00 8 Load Increments.................... .....................................180.00 Engineering Classification,ASTM D2487..........................15.00 Additional load increment.....,.,,.........................................30.00 Moisture Content Time-Ratio, per load increment,.......... ........... ..............-60.00 ■ Moisture Content&Dry(Bulk)Density, Single Point(collapse test)................................... ............60.00 ASTM D2216&D2937.............................................15.00 Single Load Swell,ASTM D4546 • Moisture Content,ASTM D2216................................10.00 Ring Sample, Field Moisture......................................65.00 Shrinkage Limit,ASTM D427............................................85.00 Ring Sample,Air Dried ..............................................65.00 Atterberg Limits,ASTM D4318 Remolded Sample,per specimen.....................................45.00 ■ Several points............................................................80.00 Expansion Index Test, UBC 29-2/ASTM D4829...............80.00 • One point.................................................. .................40.00 { Particle Size Analysis,ASTM D422 HYDRAULIC CONDUCTIVITY TESTS • Fine Sieve(From+#200 to#4)...................................80.00 Constant Head,ASTM D2434.....................,...................250.00 • Coarse Sieve(From+#200 to 3 in)........................... 80.00 Falling Head Flexible Wall,ASTM D5084.......................300.00 ■ Hydrometer............. ........................---..................... .85.00 Tnaxial Permeability, EPA 9100...___..............................350.00 Percent Passing#200 Sieve,ASTM D1140............. .... ...45.00 Remolded Specimen,per specimen.................................50.00 Specific Gravity • Fine(passing#4 sieve),ASTM D854...................._...70.00 CHEMICAL TESTS • Coarse(retained on#4 sieve),ASTM C127._............70.00 Corrosivity(pH, resistivity, sulfates,chlorides).....____ 150.00 Sand Equivalent Test....................................... ................75.00 Organic Content,ASTM D2974...................................._...65.00 Double Hydrometer Dispersion,ASTM D4221................150.00 conditions: Unit rates presented on this fee schedule are for routinely COMPACTION AND BEARING STRENGTH performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories,including rock core,soil Standard Proctor Compaction, ASTM D698 or ASTM D1557- cement and soil lime mixture tests. Tests not listed can be quoted upon request 91 • Method A or B........ 100.00 Prices are based on the assumption that samples are uncontaminated and do "'"""""" '"""""""'""""" " not contain heavy metals,acids,carcin • Method C 6-inch mold).. 110.00 ogees and/or volatile organics which can ( ) � � be measured by an organic vapor analyzer or photaonization detector with a California Impact Method(Caltrans 216).,............ ....200.00 concentration greater than 50 parts-per-million(ppm). Quoted testing fees are R-value,ASTM D2844................. ...._...... ...... ......__ ..240.00 based on the assumption that no protective clothing will be required to handle California Bearing Ratio(CBR),ASTM D1883 samples. If Level D protective clothing will be required during handling of samples(as defined in the Federal CFR Part 1910.120),then a 40%increase in • 1 point............................._.......................................125.00 fees presented in this schedule will be applied. Level C protective clothing will be • 3 point...._.................._.......__. .......... .._............ .-.325.00 a 60% increase in fees. Converse will not handle samples that require either Relative Density Level B or Level A protection in our geotechnical laboratories Contaminated samples will be returned to the client.Uncontaminated samples will be disposed • 0.1 cubic foot mold.... ....... ........ 200.00 of 30 days after presentation of test results. The client must disclose the source • 0.5 cubic foot mold.... ._... .... ............... ............._...300.00 of samples. Samples imported from out of state will be incinerated after testing, in accordance with requirements of the United States Department of Agriculture. SHEAR STRENGTH Sal samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of Torvane/Pocket Penetrometer......... ........... ............ .......20.00 the State of California, Department of Food and Agriculture, Division of Plant Direct Shear(per point) Industry,Pest Exclusion A$5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal taw. • Quick Test................................................. 60.00 • Consolidated-Drained(granular soil) Test results requiring plots wilt be presented in a publishable format generated ASTM D3080..........................................................140.00 from computer programs. Otherwise, raw test numbers will be presented. A ■ Consolidated-Drained(fine grained soil}; minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be ASTM D3080..........................................................200.00 charged at additionai cost (e.g., Federal Express, UPS, etc.). Geotechnical • Consolidated-Undrained(fine grained)...................120.00 testing does not include engineering and/or geologic review and anabysis. ■ Residual Strength;per Cycle......................................45.00 Typical tum-around for geotechnical laboratory testing is two weeks(or roughly ten working days). To expedite test turn-around to five working days,a 50% ■ Remolded Specimens,per specimen__ ............45.00 increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with the ASTM or other STATIC UNIAXIAL AND TRIAXIAL STRENGTH standard specifications. Fees presented in this schedule for relatively TESTS PER POINT undisturbed direct shear,consolidation or expansion pressure tests are based on the assumption that 22-inch-diameter (2.4164nch inside diameter) brass nng Unconfined Compression,ASTM 2166. 75.00 samples will be provided to the geotechnical laboratory for testing. Remolded Unconsolidated-Undrained,ASTM D2850.,.......... ....110.00 specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear,consolidation and expansion pressure tests. All fees presented Consolidated-Undrained(per point)._...........................700.00 in this schedule are based on the assumption that the client will deliver samples Consolidated-Drained(per point)..................................700.00 to our laboratory at no additional cost to Converse. With Pore Pressure Measurement,per load....................150.00 Remolded Specimens, per specimen.. ................. ..45.00 1\catdjm\Agreements\Geotechnical.doc D-2