Loading...
HomeMy WebLinkAboutNinyo and Moore; 2015-10-30; TRAN1323TRAN 1323 AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES NINYO AND MOORE EEMENT is made and entered into as of the . ^^ day of . 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Ninyo and Moore, a California corporation, ("Contractor"). RECITALS City requires the professional services of a consultant that is experienced in geotech nical engineering. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Sen/ices") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Sen/ices to be performed will be seven thousand three hundred forty two dollars ($7,342). No other compensation for the Sen/ices will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Sen/ices specified in Exhibit "A." 4. PREVAILING WAGE 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 ofthe California Labor Code. Pursuant to Section 1773.2 ofthe California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded 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 contract 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence. City Attorney Approved Version 4/1/15 TRAN 1323 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost forthe purposes ofthis section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VM"; 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 Besfs 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, in an amount of not less than one million dollars ($1,000,000) each, unless othenwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carisbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for sen/ices delivered up to the time of termination, if the services have been de livered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the Califomia False Claims Act, Government Code sections 12650, ef seqf., and Carisbad Municipal Code Sections 3.32.025, ef seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this Agreement. City Attorney Approved Version 4/1/15 TRAN 1323 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution ofany disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attomey Approved Version 4/1/15 TRAN 1323 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the term s and conditions of this Agreement. CONTRACTOR NINYO AND MOORE, a California corporation (sign here)^^^^ Avram Ninyo / President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Patric homas APublic Works Director ^/:u^ M^tu^ (sign here) Elaine O. Autus / Assistant Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer 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:. Assistant City Attorney City Attorney Approved Version 4/1/15 T ' Geotefinit.fll cwiri CnvirorimenM/Scieiice'i Comulwnt-, Exhibit "A" October 2, 2015 Project No. 108040000 Ms. Sherri Howard, PE City of Carlsbad - Public Works Engineering 1635 FaradayAvenue Carlsbad, California 92008 Subject: Fee Estimate for Geotechnical Observation, Special Inspection, and Materials Testing Services CMP Replacement Program - La Gran Via (Project No. 6607) Carlsbad, California Dear Ms. Howard: In accordance with your request, we are pleased to submit this fee estimate to provide geotechnical obsen/ation, special inspection, and materials testing services during the construction of the CMP Replacement Program - La Gran Via (Project No. 6607) project. In preparation ofthis fee estimate, we have reviewed the project plans dated July 2015 and our original project geotechnical report dated December 12, 2014. We understand that the project will consist of the removal of an approximately 40-foot section of the existing 24-inch diameter con-ugated metal pipe (CMP) and replacing with a 24-inch diameter high-density polyethylene (HDPE) pipe. The new HDPE pipe will be constructed at a depth up to approximately 14 feet below existing grade. Additional improvements will include a new manhole, energy dissipator, and cutoff walls. This proposal has been prepared without the benefit of a constmction schedule. When a schedule becomes available, this fee estimate should be revised based on our review ofthe provided schedule. SCOPE OF SERVICES Based on our understanding of the project, we propose to provide the following services during construction: • Engineering consultation and project management, including distribution of field dailies and test reports. • Attending preconstruction and site meetings, as requested. 5710 Ruffin Road • San Diego. Calitomia 92123 • Phone (858) 576-1000 • Fax (858) 576-9600 " San Diego • Irvine • LosAngeles • Rancho Cucamonga • OaWand • SanFranosco • SanJose • Sacramento Las Vegas • Phoentx • Tucson • Prescott Valley • Denver • Houston CMP Replacement Program - La Gran Via (Project No. 6607) October 2, 2015 Carlsbad, Califomia Project No. 108040000 Performing field observation and in-place density testing during earthwork operations, including subgrade preparation, trench backfill, and slope reconstruction. Laboratory testing of the soils used for the earthwork operations. The tests performed on soils are anticipated to include Proctor density/optimum moisture content. Tests in addition to these may be performed as appropriate. Performing special inspection by our certified inspector during placement ofthe cut off walls and energy dissipator. Our special inspector will perform continuous inspection during the concrete placements for proper mix designs, age of concrete, allowable water, proper in- gredient proportions, and sample the fresh material. The inspector will test the sampled material for temperature and slump, as well as cast one set of four concrete cylinders for every 150 cubic yards placed, or fraction thereof, during a day's placement per project specifications. Performing laboratory material conformance testing at our in-house laboratory of concrete samples. Preparing a compaction testing summary report at the completion of earthwork operations. FEE The sen/ices described above will be provided on a time-and-expense basis accrued in accord- ance with our current master schedule of fees with the City. We estimate the fees for the above services to be approximatety $7,342 (Seven Thousand Three Hundred Forty-Two Dollars). A breakdown ofthis fee is presented on Table 1. The estimated costs are based on our assumptions of the anticipated services and do not include stand-by time or costs associated with retesting or reinspecting materials that were found not to be in compliance with the project plans or specifica- tions. Our services will depend on the construction schedule and the contractor's operations. It should be noted, that the performance of the subcontractors can substantially affect the duration of our services. Requested engineering, special inspection, and field and laboratory testing not within the speci- fied scope of services or in excess of those presented in Table 1 will be provided, based on time-and-materials, in accordance with our current schedule of fees. Our fee does not include time to review drawings, preparation of construction specifications, meetings and other activities requested that are not presented in our estimated fee breakdown. CMP Replacement Program - La Gran Via (Project No. 6607) Carisbad, California October 2, 2015 ProjectNo. 108040000 Respectfully submitted, NINYO & MOORE Jeffrey T.Kent, PE, GE Senior Engineer GS/JTK/KHM/kh Attachment: Table 1 - Breakdown of Estimated Fee Kenneth H. Mansir, Jr., PE, GE Principal Engineer Distribution: (1) Addressee 108040000 P CMP Replacement Program - La Gran Via (Project No. 6607) October 2, 2015 Carisbad, Califomia Project No. 108040000 TABLE 1 - BREAKDOWN OF ESTIMATED FEE GEOTECHNICAL OBSERVATION AND TESTING Senior Engineer/Geologist 2 hours @ $141.00 /hour $ 282.00 Senior Field/Laboratory Technician 40 hours @ $ 85.00 /hour $ 3,400.00 Reinforced Concrete, Special Inspector 20 hours @ $ 85.00 /hour $ 1,700.00 Subtotal $ 5,382.00 LABORATORY TESTING Proctor Density - D 1557 & D 698 2 tests Compression Tests, 6x12 Cylinder, C 39 8 tests Subtotal @ $180.00 /test @ $ 22.00 /test $ $ 360.00 176.00 Proctor Density - D 1557 & D 698 2 tests Compression Tests, 6x12 Cylinder, C 39 8 tests Subtotal $ 536.00 ENGINEERING CONSULTATION, PRECONSTRUCTION/SITE MEETINGS, PROJECT MANAGEMENT, AND REPORT PREPARATION Principal Engineer/Geologist 2 hours @ $148.00 /hour $ 296.00 Senior Engineer/Geologist 8 hours @ $141.00 /hour $ 1,128.00 Subtotal $ 1,424.00 TOTAL ESTIMATED FEE $ 7.342.00 1 ofl