HomeMy WebLinkAboutNinyo and Moore; 2016-08-22; PKRC589CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
GEOTECHNICAL EVALUATION FOR THE LAKE CALAVERA PRESERVE
RESTROOM PROJECT: PKRC589
Tracking#:
This letter will serve as an agreement between Ninyo & Moore Geotechnical and Environmental Sciences
Consultants, a geotechnical and environmental sciences consulting firm (Contractor) and the City of
Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to perform a
supplemental subsurface exploration for the Lake Calavera Preserve Restroom Project, per the
Contractor's proposal dated August 2, 2016 and City specifications, for a sum not to exceed four thousand
and five hundred dollars ($4,500.00). This work is to be completed within 40 calendar days after issuance
of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
harmless the City, and its agents, officers, officials, employees and volunteers, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of this Contract or work; or from any failure or alleged failure of the
contractor to comply with any applicable law, rules or regulations including those relating to safety and
health; except for loss or damage which was caused solely by the active negligence of the City; and
from any and all claims, loss, damage, injury and liability, howsoever the same may be caused,
resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or
damage was caused solely by the active negligence of the City. The expenses of defense include all
costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution
method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a
combined policy of workers compensation and Employers' Liability in an insurable amount of not less
than one million dollars ($1 ,000,000) each, unless a lower amount is approved by the Risk Manager
or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full
limits available to the named insured shall also be available and applicable to the City as an additional
insured. Insurance is to be placed with California admitted insurers that have a current Best's Key
Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least
"A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners
(NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor
Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to
include but not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this Contract.
5. The Contractor may be su 1ect to civil penalties for the filing of false claims as set forth in the California
False Claims Act, Gov r ment Code sections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. init '2d/: init
6. The Contractor hereby acknowledges that debarment by another jurisdictio~rounds fo~ty of
Carlsbad to disqualify the Contractor from participating in contract bidding. init mit
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of
any disputes between the parties arising out of this agreement is San Diego County, California.
GEOTECHNICAL EVALUATION FOR THE
LAKE CALAVERA PRESERVE RESTROOM
PROJECT: CONTRACT PKRC589 --1 -City Attorney Approved 2/29/2016
Tracking#:
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract,
shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773
and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a
current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not
pay less than the said specified prevailing rates of wages to all workers employed by him or her in the
execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall
comply with Section 1776 of the California Labor Code, which generally requires keeping accurate
payroll records, verifying and certifying payroll records, and making them available for inspection.
Contractor shall require any subcontractors to comply with Section 1776.
9. City Contact: Kasia Trojanowska. 760-434-2838
Contractor Contact: William Morrison. 858-576-1000 ext. 11227
CONTRACTOR
Ninyo & Moore
Geotechnical & Environmental Sciences
Consultants
571 0 Ruffin Road
San Diego, CA 92123
858-576-1000 ext.11227
wmorrison@ninyoandmoore.com
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(print name/title} S~f#YY'Y
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
, Deputy City Manager
or Dep ment Director
as authorized by the City Manager
Dated:
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must
sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
GEOTECHNICAL EVALUATION FOR THE
LAKE CALAVERA PRESERVE RESTROOM
PROJECT: CONTRACT PKRC589 -2-City Attorney Approved 2/29/2016
Ms. Kasia Trojanowska
City of Carlsbad
799 Pine Avenue, Suite 200
Carlsbad, California 92008
August 2, 2016
Proposal No. 107544014
Subject: Scope and Fee for Supplemental Subsurface Exploration
Lake Calavera Restroom Project
Carlsbad, California
Reference: Ninyo & Moore, 2016, Geotechnical Evaluation, Lake Calavera Restroom Pro-
ject, Carlsbad, California, Project No. 107544013: dated February 19.
Dear Ms. Trojanowska:
In accordance with your request, we are pleased to submit this scope and fee for a supplemental
subsurface exploration for the proposed Lake Calavera Restroom project located west of the Calav-
era dam spillway in Carlsbad, California. Based on information provided by you, we understand that
the proposed site location of the restroom was relocated approximately 50 feet north of the originally
proposed location that was explored during our referenced geotechnical evaluation.
SCOPE OF SERVICES
Based on our understanding of the project, we propose the following scope of services:
• Reviewing background information including readily available geotechnical reports, geologic
maps, groundwater data, and stereoscopic aerial photographs.
• Performing a geologic reconnaissance to observe the revised project location, site condi-
tions, and the surrounding areas.
• Mark out of one boring location for clearance of underground utilities. Underground Service
Alert (USA) will be notified to clear the proposed boring location of utilities. If USA cannot
locate the utilities, a private utility locating service will be utilized at additional cost.
• Drilling, logging and sampling of one exploratory boring. The boring will be drilled to a depth
of approximately 20 feet (or refusal) at the proposed restroom facility. The boring will be per-
formed using a truck-mounted drill rig equipped with 8-inch diameter hollow-stem augers.
Samples will be obtained at selected intervals and transported to our laboratory for testing.
The groundwater depth will be recorded if encountered at the time of drilling. If the boring ex-
ceeds 20 feet in depth and/or encounters groundwater, it will be permitted and backfilled in
accordance with San Diego County Department of Environmental Health (DEH) guidelines.
____ 5_7_1_0 Ruffin Road • San Diego, Callfom1a 92123 • Phone (858) 576-1000 • Fax (858) 5._7_6-_9_60_o ____ ~~ 'f'~~~u}(f..·• ~o'",e
san Diego • IrvinE' • LOS Angeies • Rancho Cucamonga • Oakland • san Francisco • San Jose • SatTamento YEARS
Las Vegas • Phoenix • Tucson • Prescott Valley Flagstaff • Denver • Broomfield • Houston , .. ""' '· , •..•
Lake Calavera Restroom Project
Carlsbad, California
August 2, 2016
Proposal No. 107544014
• Performing geotechnical laboratory testing of selected samples to evaluate their pertinent
geotechnical parameters. This testing may include in-situ moisture content, expansion in-
dex, and soil corrosivity.
• Preparing an addendum to our referenced geotechnical report presenting a summary of our
supplemental field and laboratory data, and geotechnical properties that could affect the
proposed construction. The addendum report will include additional recommendations for
the revised restroom location (as warranted) based on our supplemental field and lab data.
ASSUMPTIONS
We assume that our fieldwork can occur during normal working hours and days. We further assume
that there will be no environmental or biological constraints that would preclude excavation at the
project site. Our fees were calculated based on our understanding that the project is subject to pre-
vailing wage rates. No coring or saw cutting of pavements or concrete flatwork are included in our
proposed scope of services. Environmental contamination is not expected to be encountered in the
field and, therefore, the spoils can be disposed of onsite. If environmental contamination is encoun-
tered we will notify your offices immediately for direction.
SCHEDULING
We will begin scheduling, coordination, and markout upon your authorization. We anticipate that
the field work will begin within one week of receiving authorization for the work and that one work-
ing day will be required to drill, log and sample the exploratory boring. We expect that our report
will be finished approximately three weeks from completion of the field evaluation.
FEE ESTIMATE
As proposed, our services described herein for the project will be provided on a time-and-materials
basis in accordance with the schedule of fees and rate schedule contained in our master
agreement with the City of Carlsbad (No. CA1293, dated November 17, 2015). Based on the
assumptions presented herein and our review of the project plans, our preliminary estimated fee
for the services described herein is approximately $4,500 (Four Thousand Five Hundred Dol-
lars). The estimated fee is based on the basic scope of services presented above and our
understanding of the existing conditions. This fee estimate does not include costs that may arise
due to unforeseen or unfavorable conditions or additional post-report consultations.
107544014 P rev.doc 2
Lake Calavera Restroom Project
Carlsbad, California
August 2, 2016
Proposal No. 107544014
If this proposal meets with your approval, please send us your contract documents for execution.
We appreciate the opportunity to work with you on this project.
Respectfully submitted,
NINYO & MOORE
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William R. Morrison, PE, GE
Senior Engineer
BTMIWRM/KHM/gg
Distribution: (1) Addressee (via e-mail)
107S44014 P rev doc 3