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Home My WebLink AboutNinyo and Moore; 2017-01-03; PKRC604Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT GEOTECHNICAL OBSERVATION AND MATERIALS TESTING SERVICES: CONTRACT PKRC604 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 geotechnical observation and materials testing services for The Crossings Golf Course, per the Contractor's proposal dated December 15, 2016 and City specifications, for a sum not to exceed five thousand dollars ($5,000). This work is to be completed within thirty working 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 subj ct to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gov nt Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. in it ~it 6. The Contractor hereby ackno~ledges that debarment by another jurisdiction is gr.lunds f<tJ=1he. 9ity of Carlsbad to disqualify the Contractor from participating in contract bidding. )'1L:: in it ~t 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 OBSERVATION AND MATERIALS TESTING SERVICES: CONTRACT PKRC604 -1 -City Attorney Approved 212912016 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: Kyle Lancaster, 760-434-2941 Contractor Contact: William Morrison, 858-576-1000 ext. 11227 CONTRACTOR Ninyo & Moore Geotechnical & Environmental Science Consultants 5710 Ruffin Road San Diego, CA 92123 858-576-1000 ext. 11227 wmorrison@ninyoandmoore.com (sign he Pdv(J.w b.H~'k I'tJ ,d.tnf: (pnn n e 1te) By: 1£W fp. dtt7w (sign here) .4 • -1.... T -/IJVIJ8itn E14rl'le' 0 • AufVJ/ t-t-~~"Y (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant ty M ger, Deputy City Manager or Department 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:~ ep\JtYCitYAttC)Il GEOTECHNICAL OBSERVATION AND MATERIALS TESTING SERVICES: CONTRACT PKRC604 •• 2 •• City Attorney Approved 212912016 Mr. Kyle Lancaster City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad, California 92028 December 15, 2016 Proposal No. 107544014 Subject: Proposal for Geotechnical Observation and Materials Testing Services The Crossings Golf Course Erosion Repairs Project Carlsbad, California Dear Mr. Lancaster: In accordance with your request, we are pleased to present this proposal to provide geotech- nical observation and materials testing services during the Crossings Golf Course Erosion Repair Project in Carlsbad, California. The project will consist of repairing a southeast facing slope along the west side of College Boulevard, where water had overflowed from a water fea- ture at the golf course and eroded a portion of the slope face. We understand the repair will include the placement and compaction of fill soils, installation of blowattles, and hydroseed ap- plication with a native erosion control mix, in order to restore the slope face. We also understand that the proposed earthwork will be performed in general accordance with the City of Carls- bad (City) Supplemental Standard No. GS-14 "Grading of Slopes and Required Setbacks". In preparing this proposal, we have discussed the project with your office, reviewed the City of Carlsbad Supplemental Standard No .. GS-14 "Grading of Slopes and Required Setbacks", and reviewed the contractor's proposal prepared by HRS (dated December 8, 2016). The contrac- tor's proposal indicates a project duration of 5 working days, and their schedule shows mobilization in mid-December 2016, but is dependent upon weather and the City's preference. SCOPE OF SERVICES Based on our review of the project documents and discussions with your office, we propose to provide the following geotechnical observation and materials testing services during the project: • Attending one preconstruction meeting and/or site meeting. ____ 5_7_1 O_R_u_ffi_n_Ro_a_d_• _s_an_D_i_eg_o_. C_a_lif<_o_m_ia_9_2 _12_3_• _P_h_on_e_(8_58_) 5_7_6-_1_000 __ • _R_a_x _(8_58_)_57_6_-9_60_0 ___ ~~ 'tP,'l.,t.,'~6•• .. ·.~·./ftfl·Rs~ •• s',1·•··1· 0 ··.·1.r6 8 San Diego • Irvine • los Angeles • Rancho Cucamonga • Oakland • San Francisco • San Jose • Sacramento .. Las Vegas • Phoenix • Tucson • Prescott Yalley • Aagstaff • Denver • Broomfield • Houston The Crossings Golf Course Erosion Repairs Project Carlsbad, California December 15, 2016 Proposal No. 107544014 • Performing field observation during the keyway and benching operations. ' • Performing field observation and in-place density testing during placement of fill. • Preparing field daily reports for geotechnical and observation and testing services. • Performing laboratory testing of the soil materials used for backfill. The tests performed are antic- ipated to include modified Proctor density/optimum moisture content. Tests in addition to these may be performed as appropriate. • Engineering consultation and project management including review of select submittals and review and distribution of field documentation and test reports. ASSUMPTIONS This proposal has been prepared based on the following assumptions: • The repair operations will be performed during normal working hours (Monday through Fri- day, 7:00a.m. to 5:00p.m.), with no work on holidays. • Our scope is based upon the contractors work schedule of 5 consecutive working days. • The project is subject to Prevailing Wage rates under determination year 2016-1D. • Preparation of an as-graded report is not included in our proposed scope of services. The fees associated with an as-graded report (If one is desired) will be $1,200. FEE ESTIMATE The fee for our services described herein will be billed on a time-and-materials basis in accord- ance with the attached schedule of fees. Based on our understanding of the project, we estimate the fees for the services described herein to be approximately $5,000 (Five Thousand Dollars). These estimated costs are based on our understanding of the project, our review of the city speci- fications, and our assumptions of the anticipated services and durations. It should be noted that the performance of the subcontractors will substantially affect the dura- tion of our services. Requested engineering, and field and laboratory testing not within the specified scope of services or in excess of those presented in the attached tables will be provid- ed, based on time and materials, in accordance with the approved fee schedule that is currently on file with the City. 107$44014 P2.doc 2 The Crossings Golf Course Erosion Repairs Project Carlsbad, California December 15, 2016 Proposal No. 107544014 We look forward to working with you on this project. If the terms and conditions of the proposal meet with your approval, please forward your contract documents for execution. Respectfully submitted, NINYO & MOORE JYJINv1!,~ William Morrison, PE, GE Senior Engineer BTMIWRMIKHM/gg Distribution: (1) Addressee 107544014 P2 doc Kenneth H. Mansir, Jr., PE, G Principal Engineer 3 The Crossings Golf Course Erosion Repairs Project Carlsbad, California December 15, 2016 Proposal No. 107544014 TABLE 1 -BREAKDOWN OF ESTIMATED FEE PROJECT COORDINATION, MANAGEMENT AND TECHNICAL SUPPORT Senior Engineer/Geologist/Environmental Scientist 3.5 hours @ $141.00 /hour $ 493.50 __._ _ __...........,......._. Senior Field/Laboratory Technician Nuclear Density Gauge Usage Field Vehicle and Equipment Usage Subtotal $ 493.60 FIELD SERVICES 40 hours@ $ 85.00 /hour $ 3,400.00 40 hours@ $ 9.00 /hour $ 360.00 40 hours@ $ 8.00 /hour $ 320.00 Subtotal $ 4,080.00 LABORATORY ANALYSES Proctor Density D 1557, D 698, CT 216, & AASHTO T-180 2 tests @ $200.00 /test $ 400.00 Subtotal $ 400.00 TOTAL ESTIMATED FEE s 4,973.60 1 C I 0 • Adjusted Constnl<lion Fee Tlble.xlt.xlsx ( Clly of City of Carlsbad Masttr AgtetmlnlS Conllllllng SeMces ~r~~ Disciprme Mo. a: Geotechnlcet Senllcts June 10, 2015 Proposal NO. Poz.G0231 CA1293 MASTER AGREEMENT RAT& SCHEDULE Prices valid throu&h June !10. 2018 .STAF: WI IJ: . ::tiQU&V ATE 11 ~ hI . Ma~jr, 1!. -llllnar ~~. ~I ufbbtrt· 1111 --3. :anQ ~-art lal -4. iteve I lei 111:1111 W.Gecl Glllt --dustlfl IHvllealst reary' Falnlftd 10111111 """"' '""'· 10 10 9. lllliaml Mlrlson DO tQ. n. illd :llllvmalla 1111! u. 11. !'1m '"' .. -lttll\l rl'll!lln!H ·1 IC1 1 lA Morton 1 ""I fll lolllt 1 '-1 .... NHctor '-... IIIIMdOr t1. :-12. tl. m !- ;M. :-- as. ilfll Ill ~ 21. 2.1. -1VtJel :--21. !IIIIo I lidos ....... u. Mil -" :--,SO. ~ Wkll'. :--!1. Itt ilc lin '--». n .., ,__ 34. :........ ss. llftado' lallll 11 tor--•ll..tt-1'- 10 City Attorney Approved Veillon 8/9115 ao City of Cllllsbad Master AgrHmenls CIIIISIIIilng Swlces Discipline No.8: Gellltcllnlcal SeiVIcos SCHEDULE OF FEES fOR LABORATORY TESnNG l.abor!tory Test, TeslDeslqna!!on. and Met Per Test 11 June10. 2015 Proposal No. P02-GOJ38 CA1293 City AUomey Approved Version 619/15 (. 0~ of City of Cal13bad Masllt AgreeriltnlS Consulting Services ~~~ Discipline No.8: Geot.ecbllcai 5elvlces OTHER CHARGES ENVIRONMENTAL FIELD E UIPMENTICONSUMABLES Jllll110, 2015 Proposal No. POU0231 ...... _._···-·-··-·····---· -··--····-·---·--··-·--··--·-----....... PIDI'fi)UIIge ........ _ .• ,_ ... _. ________ .,_, ....... -... -... ·-··--·-···--·-·-·"·"··-·--·--·-.. $ ,.SinipiRgc.dll-----·--····---·-.. ··-·····~-........... ____ ,.,,.,_ ... . IA>t'IIC ......,PAIIII:IIIII Equfpmlnl~IPICIJI-·---.... ,_ ... , .................. _.,_,,._._ .... _ .• _ ....... S ,. GEOTECHNICALANDENVIRONMEHTAL OTNERCtiARGES NOTES (field Slrvices) Fer IIIII n '*'*"'~ llld apecilltlnlpec*n, .... houllji'CII n~ cU11V IIGIIIIIIWMiilflrCOIIAidoR.IIoln. o..tn~•lltt.511111fll ............ beclllrgH lwwadlpiii'Onnld Olllldt nomlll ~ llolnllld .. clilrlln StU· dlril. RIIIIIC llilce .. fiiJIItir ,_ 'd be dlllgadfor II!IIIIGIIIIII-ol12 hala ... Gill ctarrr Glllilnle)tlllldllaldiiJL lAid flill far rtrlliiiPieB'--1124 houri. filii! Tedlnldlii llld tpiCilllnlplcllan ... 8t balld an a <1-h!U niltun lar h ht 4 lvu:tllld MI.,_...._ far lloura~ 4 halft. Flllllt'piiiDIIiMI!n chlrgld portal !I) portal INVOICES IIMblwllbe IUbmllled IIIOIIIhtt and n dut upon .... A. ...W:. chql of t.O pen:ent parmonll\11111 be cltarged an8CCOIIIII not Jllld wlllln 30 .. 21 /f9D"~flVf8 ··~-''-..... ·"--~·- CA1293 12 City Attorney Approved Version 619/15