HomeMy WebLinkAboutSHN Consulting Engineers & Geologists, Inc. 2009-09-21AGREEMENTFOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into thist day of ~ 009, by and between the CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and SHN CONSULTING ENGINEERS & GEOLOGISTS, INC., a corporation organized and in good standing under the laws of the State of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires Construction Inspection Services related to the Orchard Avenue Bridge and Related Street Improvements Project in Ukiah, California. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2 Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the Scope-of-Work. Consultant shall complete the work to the City's reasonable satisfaction; even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to \\w i l lits\Proj ects\Z 009\409060-O rc 6ardAve Bridge\300-Co ns tructionHispec tion Services\PUBS\agr\lnspec tion ServicesAgr. doc PAGE I OF 7 exceed a guaranteed maximum dollar amount of $92,775.00. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope-of-Work as set forth in the attached Attachment A, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment A. Consultant shall complete the Scope-of-Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amount shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employee) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venture, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relations of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal governnment and shall funish and pay worker's compensation insurance, unemployment insurance and any other benefits \\w i I I i ts\Proj ects\2009\409060-Orc hardAve Bri dge\300-Constructio nInspection Service sTUBS\agr\Inspection Services Agr. doc PAGE 2 OF 7 required by law for Consultant and Consultant's employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or lawsuit. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within ten (10) days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liabilitv. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO") Commercial General Liability Coverage Occurrence Form No. CG 20 10 10 01 and Commercial General Liability Coverage - Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liabilitv: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. \\w i I I i ts\Projects\2009\409060-0 re hardAve Bri d ge\300-Co nstructionI nspection S ervices\PUB S \agr\I nspectionServices Agr. doc PAGE 3 OF 7 2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Liabilitv: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a. The City, its officers,- officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage \\w i ll i ts\Proj ects\2009\409060-Orc hardAve Bri dge\3 00-Constructio nI nspec do n Services\PUB S\agr\Inspecti onSe rvicesAgr. doc PAGE 4 OF 7 The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from 11/21/09 to 11/21/11. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverage required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor or sub-consultant. All coverage for subcontractor or sub- consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. \\w i llits\Proj ects\2009\409060-Orchard Ave Bridge\300-Construc tionInspec do n Service s\PUBS\agr\Inspecti on ServicesAgr. doc PAGE 5 OF 7 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.3 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.4 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.7 Severability. If any term of this Agreements is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.8 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.9 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or subcontract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.10 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.12 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of \\w it 1i ts\Proj ects\2009\409060-OrchardAveBri dge\300-Constructioni nspectionService s\PUBS\agr\1nspec ti on S ervicesAgr. doc PAGE 6 Or 7 termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.13 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 8.0 Notices. Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPT. OF PUBLIC WORKS WATER/SEWER DIV. 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 SHN CONSULTING ENGINEERS & GEOLOGISTS THOMAS M. HERMAN, PLS 335 S. MAIN STREET WILLITS, CALIFORNIA 95490 10.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT A BY: ,r Date PRINT NAME: 94-2571944 IRS IDN Number CITY OF UKIAH BY: JA CHAMBERS, CITY MANAGER Date ATTEST BY: J]JJANNE CURRIE, CITY CLERK Date \\w i l l i is\Projects\2009\409060-0 rcllardA veBri d ge\300-Co nstractionInspection S ervices\PU B S \agr\lnspectio nServ ices Agr. doc PAGE 7 Or 7 CERTIFICATE OF LIABILITY INSURANCE OP ID MT DATE (MM/DD/YYYY) SHNCO-1 09 21/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER F INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Van Oppen & Co. 2 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1600 Glenarm Place, Suite 2009 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver CO 80202 Phone: 303-986-0822 Fax: 303-232-6738 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Steadfast Insurance Co. 26387 INSURER B: Hartford Fire Ins. Co. 19682 SHN Geologists, Consulting Inc. Engineers & INSURER C: National Union Fire Ins. Co. 02351 Geologists, W. Wabash Ave. INSURER D: Eureka CA 95501 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY GPL5432561-05 - 07/01/09 07/01/10 AMA I U HEN PR EMISES(Eaoccurence) $100,000 CLAIMS MADE F;7r OCCUR MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 X CPL GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 X POLICY ECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 B X ANY AUTO 57UENUO5954 07/01/09 07/01/10 (Ea accident) ~ r ALL OWNED AUTOS BODILY INJURY P $ SCHEDULED AUTOS er person) ( X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 C X OCCUR E]CLAIMSMADE EBU018154472 07/01/09 07/01/10 AGGREGATE $1,000,000 DEDUCTIBLE $ X RETENTION $ 0 $ WOR KERS COMPENSATION - AND EMPL OYERS' LIABILITY TORY LIMITS ER Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE[::] OFFICERIMEMBER EXCLUDED? EXCESS POLICY OVER GL, E.L. EACH ACCIDENT $ (Mandatory in NH) CPL, AUTO AND PROF E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A Professional GPL5432561-05 07/01/09 07/01/10 Limit $1,000,000 Liability "CLAIMS MADE" Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Construction Inspection Services, #409060.300. City of Ukiah Orchard Avenue Bridge and Related Street Improvements Project. The City, its officers, officials, employees and volunteers are named as Additional Insured for General Liability. Coverage is primary and non-contributory and a Waiver of Subrogation applies. CERTIFICA I E HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Ukiah NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Dept. of Public Works IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Water/Sewer Division 300 Seminary Avenue REPRESENTATIVES. Ukiah CA 95482 AUTHO RESENTATIVE 25 The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 EXHIBIT A Orchard Avenue Bridge Improvements Project • r T _ .:,mac ~ }`3 F~V5 Y _ ~.j`~.. W ~ ~ ~ Sri $ 2'B9t• F',.:.~ p, A.~, ~ c~ • n Prepared for: City of Ukiah Prepared by: CONSULTING ENGINEERS & GEOLOGISTS, INC. 335 S. Main St. i Willits, CA 95490-3907 •707.459.4518 • Fax: 707.459.1884 409000.067 August 2009 Table of Contents Letter of Interest ..................................................................................................................................2 Introduction 4 Scope of Services .................................................................................................................................6 Personnel 7 References ..............................................................................................................................................9 Proposed Fee ......................................................................................................................................13 \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionlnspectionServices\PUBS\agr\ExhibitA.doc E0 i CONSUL TI LTG ENC-JNEE'RS & GEOLOGISTS, INC. 335 S. Main Street a Willits, CA 95490 s 707-459-4518 -f=ax 707-459-1884 * willitsinfo@shn-engr.com Reference: 409000.067 August 7, 2009 City of Ukiah Public Works Department Attn: Ann Burck Deputy Director of Public Works 411 West Clay Street Ukiah, CA 95482 Subject: Proposal to Provide Construction Inspection Services for the Orchard Avenue Bridge and Related Street Improvements Project Dear Ms. Burck: Thank you for this opportunity for SHN Consulting Engineers & Geologists, Inc. (SHN), to offer the following Proposal to provide Construction Inspection services for the City of Ukiah's Orchard Avenue Bridge and Related Street Improvements Project (Project). For over 25 years, SHN and its predecessor, T.M. Herman and Associates, have provided a complete range of services for improvement projects for private and public clients in northern California. For approximately nine years, our firm has had a relationship with the City of Ukiah (City) to perform services as City Surveyor, and to provide engineering design services. Our staff provides construction inspection services on projects designed by SHN and by others, and for owners and contractors alike. We are currently providing inspection services on the Soda Bay Road Realignment for the County of Lake, and the Downtown Streetscape Project for the City of Fort Bragg. We have recently completed construction inspection services for the Northern Circle Indian Housing Authority's residential subdivision for the Sherwood Valley Band of the Porno Indians, Covelo Community Services District's Wastewater Collection System, and the Willits Wastewater Treatment and Water Reclamation Project, Stage One. It is our goal to add value to the Project by providing full time, on site construction inspection services to assure the City that the Project is constructed in compliance with the Project plans and specifications and consistent with current state and local construction requirements. In our Willits office we offer a full range of services including Civil Engineering, Environmental Engineering, Geotechnical Engineering, Land Surveying, Construction Management and Inspection, and a completely certified materials testing laboratory. Our engineers, geologists, land surveyors, inspectors and testing technicians have many years of experience and use state of the art equipment to provide our clients with the best possible service. \lWillits\Projects\2009\Promosl409000.067-Uki ahOrchardAveBridge\PUBS\prop120090807-Constln spection.doe 2 It is our objective to undertake each project in a well thought-out and organized mauler, and to do it the right way the first time. Again, thank you for considering SHN for the opportunity to provide the City of Ukiah with Construction Inspection Services for this long awaited project. Sincerely, SHN Consulting Engineers Geologists, Inc. Thomas M. Herman, Regional Manager TMH:alh 4cillitsPrt)jects?UU91Prcimos~409000,067-UkiahOrclrardAy Bridge,PUBS,Pro;, ij~,7-G:onstIiisptetion.doe Ztf~ 3 Introduction SHN Consulting Engineers & Geologists, Inc. (SHN) was founded in 1979 to meet the engineering needs of both the public and private sector in Northern California. In 2003, SHN merged with T.M. Herman and Associates, a full service engineering and surveying company serving Lake and Mendocino Counties. SHN has grown in concert with progressive technologies, positioning itself for innovation and expansion, while remaining committed to its founding philosophy. SHN is dedicated to contributing to a socially responsible, dynamic, and rewarding environment for its clients, employees, and community. SHN produces high quality work products for its clients, while providing a Testing concrete strength; professional and challenging work experience for its employees. sxNNrareYtats TQSnngLab Because quality is an essential element to our success, SHN's Project Managers, Construction Managers and Field Technicians and Inspectors communicate directly and promptly, enabling them to meet client needs effectively. SHN has worked successfully with government and industry on a wide variety of both public and private projects SHN's staff includes nearly 100 employees of diverse talents, education, training, and cultural backgrounds, thus enabling SHN to offer a broad range of services. We understand that the City is in need of daily on site construction inspection for the construction of the Orchard Avenue Bridge and Related Street Improvements (Project). We further understand that time is of the essence in the successful implementation and completion of the Project. Because our Certified Construction Inspectors are based in Willits, we are confident that we can provide the services in a timely and cost effective manner. Should the need arise to provide additional Certified Construction Inspectors we can draw from our staff in our Eureka office at no additional expense to the City. SHN has implemented a comprehensive project management system that insures timely client communications and product deliverables. SHN's Materials Testing and Construction Inspection Division maintains dedicated laboratories in its Eureka and Willits offices for engineering construction testing and inspection. Our Certified Construction Inspectors are guided by a Quality Control System based on criteria and guidelines set forth by California Department of Transportation (Caltrans) Independent Assurance Manual, July 2005 and the Quality Assurance Program, December 2008. Our Certified Construction Inspectors and laboratories hold the following certifications and adhere to the following compliances: • State of California Department of Transportation (CALTRANS) approved for California testing procedures • Fully accredited by the American Association of State Highway and Transportation Officials ( AASHTO ) Accreditation Program (AAP) \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc 4Y; 4 ® Office of Statewide Health Planning and Development (OSPD) approved construction materials laboratory with special inspection experience in hospital construction ® Accepted into Division of State Architect/Office of Regulation Services (DSA/ORS) Laboratory Evaluation and Acceptance (LEA) program for testing and inspection agencies • Enrolled in the National Institute of Standards and Technology (KIST) ' Aggregate Materials Reference Laboratory (AMRL) and Cement and Concrete Reference Laboratory (CCRL) and participates in the Proficiency Confusion Hitt Hwy 101 Sample Programs bvnass bridge ® American Concrete Institute (ACI) certified concrete field-testing, inspectors and laboratory testing technicians. Laboratory capabilities of 400,000 pounds for compressive strength testing of concrete cylinders and masonry blocks Technologically-Advanced, computerized data acquisition instrumentation for Direct Shear, Consolidation, and Unconfined Compression of soils ® International Code Council (ICC), certified construction inspectors. SHN's Certified Construction Inspectors are highly trained in all i aspects of construction materials and construction compliance testing. Our inspectors are certified by Caltrans, American v k4 Concrete Institute, American Association of State Highway and Transportation Officials and International Code Council. Because our Certified Construction Inspectors have these qualifications they are able to provide expert construction observation and quality control. If needed, our inspectors can also provide Independent Assurance Testing and Inspection as identified in the Caltrans Quality Assurance Program. Our z~ 1 inspectors are keenly aware of the importance of their role on a construction site and work cooperatively with the contractors, agency inspectors and our clients. In-field moisture density testing \\willits\Projects\?-009\409060-OrchardAveBridge\300-ConstructionlnspectionServices\PUBS\agr\ExhibitA.doc C JLL/ 5 Scope of Services SHN is prepared to offer the uninterrupted T fulltime onsite Certified Construction Inspection services necessary for the successful completion of the Project. Because our inspectors are also highly trained in construction materials testing, they will provide a higher level of construction P,- = .t observation and quality control. SHN has extensive experience working directly withY . Counties, Cities and various Agencies to produce timely and budget conscious onsite Certified Construction Inspection services. SHN will designate an overall Project manager to schedule and assist the Project inspector. The SHN Project manager and inspector will schedule and coordinate with representatives of the contractor, City staff and representatives of the funding agency to meet the requirements of the Project construction schedule and specifications. Our Certified Construction Inspectors will prepare daily, weekly and final reports of the construction activities, equipment and personnel and Project progress. The inspectors will attend weekly on-site construction meetings convened by the Resident Engineer. Attendance at these meetings will assure coordination with all Project stake holders and provide a regular review of Project progress. During the construction process, SHN inspectors will observe and monitor all facets of the construction process. Our Certified Construction Inspectors will monitor and inspect the contractor's preparation of the roadway subgrade, placement of base and pavement, placement of underground utilities and storm drains, placement and tying of reinforcing steel, placement of concrete, structural welding, bolt torque, construction of surface drainage facilities and final grading for compliance with the project plans and specifications. Our inspectors will also provide daily inspection of construction elements, job site safety, and compliance with the project documents and the standards as set by the City. The inspectors will require that the contractor comply with occupational health and safety standards for construction activities and any other Federal, State and County laws that apply to the construction of the Project. As stated previously, SRN's Certified Construction Inspectors are trained and certified in numerous aspects of materials testing. As a result, our inspectors are fully capable of reviewing and approving materials testing data submitted by others. Because our inspectors can review materials testing data on-site during construction, we anticipate no delays to the construction schedule. \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc C,. ; 6 Personnel SHN is in a unique position to provide daily onsite Certified Construction Inspection services with our Willits staff. The primary inspector is a Ukiah resident and will be available directly from his home to provide timely on-call service. Our Certified Construction Inspectors are Caltrans & AASHTO certified to observe compaction testing within the State and local rights of way and American Concrete Institute and ICC certified to observe placement of concrete structures. Additionally, SHN inspectors have recently worked with State and local agency inspectors on a broad range of projects in Lake and Mendocino Counties. SHN Certified Construction Inspectors will observe the placement of construction materials and review testing reports for compliance with the Project plans and specifications on a daily basis. This will allow the most effective turn around time for material compliance data and minimize potential delays during construction. Project Management/ Client Coordination Diana M. Steele, P.E. Ms. Steele has extensive construction and engineering management experience, including 6 years of municipal public works experience. As a former municipal public works director, she has successfully worked with city councils and other department managers to implement goals and objectives. Her experience includes budget preparation and monitoring, contract review, design, preparation of plans and specifications, project safety planning, and construction management and inspection. Certified Construction Inspection. Steven Bowser Mr. Bowser has more than 5 years of special inspection experience on various large commercial construction projects located within California. Special Inspections on these projects include structural steel welding, high strength bolting, structural concrete, structural masonry, and spray-applied fireproofing inspections. Mr. Bowser is also Caltrans and AASHTO certified to observe and test materials involved in roadway construction. His recent projects include construction inspection and materials testing for the County of Lake Soda Bay Road Realignment and construction materials observation and testing for St. Josephs and Howard Memorial Hospitals. Steven L. Peckham Mr. Peckham has more than 30 years of construction experience including installation of utilities, supervising construction crews and inspection of public works projects. Steve's areas of inspection expertise are underground water and sewer system projects, repair and re- \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionlnspectionServices\PUBS\agr\ExhibitA.doc C~fl~L/ 7 construction of roadways and sidewalks. Mr. Peckham has a strong background in construction materials such as gravel, concrete, and asphalt experience and is proficient in reading plans and specifications. His most recent construction management assignment was for the City of Fort Bragg on its Downtown Streetscape Project where he provided construction observation and monitoring of the complete rehabilitation of four City streets. Joseph M. Aufdermaur Mr. Aufdermaur has more than 15 years of construction materials testing and biological testing experience. He has served as Senior Technician responsible for geologic and geotechnical boring logs, soils sampling, and materials testing. He has worked for the U.S. Department of Agriculture, as Biological Sciences Technician in research service. In addition, Mr. Aufdermaur has managed and coordinated research field experiments, collected plant, soil, and water samples for analysis, and has been responsible for chemical extraction for various laboratory procedures. Dave Gonzales Mr. Gonzales has more than 7 years of construction inspection and materials testing experience. He has been primary special inspector and tester for projects that include road subbase soils cuts and fills including Hilfiker type wall systems, base aggregates, and asphalt materials. He has worked alongside the Federal Highway Administration on 2 projects in the past 3 years. A competent structural concrete inspector and tester, Mr. Gonzales has special skills in handling rebar location devices and providing drilled- in-anchorage inspections, both epoxy installed and mechanical wedge or sleeve anchor testing. He has inspected structural steel connections in metal building construction, including high strength bolt testing and installation inspection. He has worked with masonry building contractors to assure materials compliance for mortar, grout, and block. 9 \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionlnspectionServices\PUBS\agr\ExliibitA.doc 8 eereces Northern Circle Indian Housing Authority, Sherwood Valley Rancheria, Willits, CA SHN provided consulting services for project funding development, existing conditions and topographic mapping, infrastructure and roadway design, construction drawings and specifications, construction management, materials testing and inspection, coordination with the funding agency and project completion reporting for 15 residential sites for the Sherwood Valley Band of Pomo Indians Eastside Road Development Project. In addition to water and sewer infrastructure the project included roadway construction necessitating over 75,000 yards of excavation. SHN surveyors provided the contractor with construction surveying to define the roadway cuts and fills, many in excess of 30 feet in height. Our construction management team provided daily reports to the Authority and the Funding Agency, monitored the project schedule, processed pay requests and change orders, reviewed requests for information, and provided the Authority and Funding Agency with outlay reports and the final project close out. Our construction inspectors and testers monitored the extensive earth work and utility trenching to assure consistency with the project specifications. Contact: Darlene Tooley, Executive Director, Northern Circle Indian Housing Authority, 695 Pinoleville Drive, Ukiah CA 95482; 707-468-1336 Fedco Construction Inc., Soda Bay Road Realignment, Kelseyville, CA The County of Lake has contracted with Fedco Construction, Inc. to realign approximately 2,000 feet of Soda Bay Road to eliminate two dangerous curves. The project consists of constructing new roadway embankment treated with lime, grinding the existing asphalt surfacing for use as aggregate base and paving the realigned section. In conformance with the State of California Department of Transportation Quality Assurance Program, SHN is providing Acceptance Testing for Fedco Construction to furnish to the County of Lake Public Works Department to assure that the project is constructed in compliance with the project specifications. Contact: David Weller, Superintendent, Fedco Construction, Inc., 3510 Brooks Ave. Santa Rosa, CA 95407, 707-586-0500 \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionlnspectionServices\PUBS\agr\ExhibitA.doc 4FiL1 9 Covelo Community Services District-Wastewater Collection System Improvements, Covelo, CA USDA Rural Development financed the recent reconstruction of over a mile of the District's sewer collection system The sewer mains are located both in the State of California and County of Mendocino rights of way. SHN surveyors provided detailed existing conditions mapping and precise construction surveying for the very shallow slope sewer mains. SHN construction inspectors provided onsite daily _ inspection and materials compliance testing. Our = construction management team, consisting of a Project Engineer and a Project Funding Compliance Specialist, coordinated with the contractor regarding scheduling, coordinated with w the District, Caltrans and County of Mendocino, processed daily inspectors reports for consistency with the project specifications, reviewed contractor pay requests, provided the District and USDA with outlay reports, processed change orders and performed the final project close out with the District and USDA. The inspectors and materials testers compiled all the field and laboratory testing reports for approval by Caltrans and the County of Mendocino. Contact: Tim Dennis, General Manager, Covelo Community Services District, 76301 Main Street, Covelo CA. 707-983-6888 New Frank R. Howard Hospital - Construction Inspection and Compaction Testing for Over-Excavation for Liquefaction Mitigation, Willits, CA Based upon recommendations contained in the Geotechnical Investigation Report for the New Frank R. Howard Hospital prepared by SHN, our geotechnical engineers and field and laboratory technicians performed construction inspection and compaction testing for the over-excavation option for liquefaction mitigation necessary for eventual construction of the new hospital. The mitigation effort consisted of the removal of approximately 70,000 cubic yards of native soil, mixing the soils in place, and replacing and compacting the soil to the specifications required in the report. Multiple soil samples were processed in the SHN Willits laboratory to determine maximum density and moisture content. Field technicians using nuclear moisture/ density gauges determined the relative compaction of the replaced soil at 1 foot depth and 10 foot horizontal intervals. SHN geotechnical engineers reviewed the compaction efforts and provided reporting to the OSHPD Inspector of Record. The project \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc C._l; 10 was completed under field review of the Inspector of Record and was reviewed and approved by OSHPD. Contact: Samuel Calvert, Inspector of Record, 707-481-7376 Caltrans District 1- Materials Testing and Inspection, Confusion Hill, Humboldt County, CA As subcontractor to Mercer Fraser, SHN is providing Materials Testing QA/QC for the concrete supplier. The testing consisted of a large volume of concrete samples taken in the field by our materials testing technicians and _-I F processed in our laboratories to determine consistency with project requirements for compressive strength. This project was the result of a large, ancient rock slide complex which extends from the South Fork Eel River to more than 1,000 feet above, enveloping the current highway, 140 feet above the river. This project is in the process of relocating approximately 1.5 miles of Highway 101, to the west via two bridges, in order to avoid the massive z slide area that created numerous closures of this State Highway during 2005-2006. h fi The Federal Highway Administration (FHWA) has 1 approved Emergency Relief funding to relocate State Highway 101 at Confusion Hill. Contact: Mr. Phil Gundlach, Mercer Fraser, P.O. Box 1006, Eureka, CA, 95501, 707- 725- 8667 City of Fort Bragg, Downtown Streetscape Project, Fort Bragg, CA The City of Fort Bragg contracted with SHN to provide construction observation and materials testing for the rehabilitation of four downtown streets. The project consisted of the grinding of existing street surfaces, treating the grindings with cold foam to facilitate use as pavement base material and resurfacing the streets with new asphalt concrete. SHN construction inspectors provided daily inspection and construction specifications monitoring of the project in compliance with the State of California Department of Transportation Quality Assurance Program. Contact: Katryna Baker, Engineering Technician, City of Fort Bragg, 416 North Franklin St., Fort Bragg, CA 95437, 707-961-2823 \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc C.JU 11 Proposed Fee We understand that the Project is projected to have a construction period of approximately seven months. We also understand that the City is requesting daily on site inspection and construction monitoring. We further understand that our construction inspectors will not require the payment of prevailing wages because they are not providing field construction testing or surveying. Because construction projects often proceed on a schedule that is unforeseeable, we have estimated our costs based upon an assumption that the project will be completed in the projected seven month period. We will not charge mileage for our staff to provide onsite inspection and construction monitoring. Our primary inspector lives in Ukiah and will not charge time for travel to the site. We propose to provide the Certified Construction Inspection on a time and expenses basis based upon the attached Schedule of Charges. Our estimated fees are as follows: Construction Inspection Services for the Orchard Avenue Bridge and Related Street Improvements Project TIME AND EXPENSES Item Task Staff Rate Est. Unit Cost Quan. s 1 Project Kickoff Meeting Construction Inspector $ 75 5 Hrs $ 375 2 Full time inspection Construction Inspector $ 75 1176 Hrs 88,200 (Non-prevailing wage) Assume 147 days @ 8 hrs/day site 3 Quality Assurance PM/Engineer $ 125 16 Hrs 2,000 4 Final Reporting PM/Engineer $ 125 I 8 Hrs 1,000 Construction Inspector $ 75 16 Hrs 1,200 Estimated Total $92,775 \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc C._; 12 0 Consulting Engineers & Geologists, Inc. Fee Schedule January 1, 2009 When accurate definition of the proposed work is not possible, an hourly charge out rate for determining compensation shall be used. Hourly charge rates include payroll costs, overhead, and profit. Hourly services are billed portal to portal an d are subject to a 2-hour minimum. Current rates are as follows: Hourly Charge Rates Position' Hourl Rates Principal Engineer $130.00 - $150 00 Principal Engineering Geologist $120.00 - . $145.00 Principal Surveyor $120.00 - $140.00 Project Manager $ 80.00 - $140.00 Senior Planner $ 85.00 - $125.00 Senior Engineer $ 85.00 - $140.00 Senior Geotechnical Engineer $ 85.00 - $135.00 Senior Geologist $ 85.00 - $135.00 Senior Surveyor $ 80.00 - $125.00 Engineer $ 75.00 - $100.00 Traffic Engineer $ 80.00 - $125.00 Geologist $ 70.00 - $100.00 Certified Industrial Hygienist $ 90.00 - $135.00 Environmental Specialist $ 60.00 - $125.00 Environmental Planner $ 60.00 - $ 95.00 Staff Surveyor3 $ 60.00 - $ 95.00 Assistant Engineer $ 60.00 - $ 95.00 Survey Party Chief3 $ 60.00 - $ 90.00 Junior Engineer $ 55.00 - $ 75.00 Engineering Technician/Draftsperson3 $ 55.00 - $ 85.00 Lab/Field Technician3 $ 55.00 - $ 90.00 Survey Technician3 $ 50.00 - $ 80.00 Technical Writer $ 45.00 - $ 65.00 Clerical $ 45.00 - $ 60.00 ,,Expert Witness2.4 $125.00 - $200.00 1 Incidental expenses, i.e., lodging, meals, airplane tickets, etc., are billed at cost plus 15%. 2 Minimum daily charge is four hours. 3 Rates depend on the specific personnel assigned, and whether pr evailing wage rates are required in the area of work. 4 Rates for Expert Witness are charged for preparation and testimo ny for both deposition(s) and trial(s). \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc C.-/; 13 Laboratory Tests: Aggregate Tests for Concrete Mix Design $150.00/ stockpile Asphalt Content by Nuclear Method $ 75.00/test Asphalt Content Gauge Calibration $190.00/ ea. Asphalt Extraction Bitumen) Cost + 15% Asphalt (Hveem) Mix Design $ 2,000.00/ ea. Brass Tube (Liner) $ 5.00/ ea. Cleanliness Value (CT 227) $ 75.00/ ea. Compaction Curves (ASTM D 1557 or Caltrans CT216): 4-inch Mold $150.00/ ea. 6-inch Mold $150.00/ ea. Check Point $ 40.00/ea. Concrete Compressive Strength (CT 521 or ASTM C39) $ 25.00/ea.(1) Concrete Linear Shrinkage (3 Bars) $200.00 Concrete Moisture $ 25.00/test Consolidation Test $300.00/ea. Direct Shear, per point: (ASTM D3080) Consolidated-Drained (CD) $130.00/point Unconsolidated-Undrained (UU) (Modified ASTM) $100.00/point Consolidated-Undrained (CU) (Modified ASTM) $115.00/point Additional cycles (each) $ 50.00/ ea. Disposable Concrete Molds $ 2.00/ea. Durability Index $ 75.00/ ea. Expansion Index $150.00/test Fireproofing Density $ 50.00/ ea. Grout Compressive Strength $ 30.00/ ea. LA Rattler (abrasion resistance) $150.00/test Liquid Limit $ 75.00/ ea. Masonry Block Compressive Strength $ 65.00/ ea. Masonry Block Absorption & Moisture $ 50.00/ ea. Masonry Block Linear Shrinkage $ 85.00/ ea. Masonry Block Prism Compressive Strength $125.00/ ea. Masonry Core Shear Test $ 50.00/core Moisture Content $ 15.00/ ea. Moisture-Density Test $ 25.00/ ea. Particle Size Analysis (ASTM 422) $100.00/ ea. Percent Crushed Particles $125.00/ ea. Percent Entrained Air In Concrete $ 10.00/ ea. Percent Organics $ 50.00/ ea. Plastic Limit $ 50.00/ ea. Plasticity Index $125.00/ ea. R-Value $225.00/ ea. Rice Specific Gravity of Asphalt (ASTM D2041) $ 70.00/ea. Sample Preparation $ 40.00/hour Sand Equivalent $ 50.00/ ea. Sawing Rocks and Concrete Cores $ 30.00/unit \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExhibitA.doc C J; 14 Laboratory Tests: Sieve Analysis--Coarse $ 45.00/ ea. Sieve Analysis--Fine $ 55.00/ ea Sieve Analysis--Passing 200 $ 45.00/ ea. Specific Gravity, Rock $ 45.00/ea. Stabilometer of Premixed AC $150.00/ea. Sulfate Soundness $ 80.00/cycle Swell Test $ 55.00/point Triaxial Compression Unconsolidated Undrained (TXUU) (ASTM D2850) $115.00/point Consolidated Undrained (TXCU) (ASTM D4767) $385.00/point Consolidated Drained (TXCD) (ACOE) $500.00/point Consolidated Undrained (TXCU-3 stage) (ASTM $810.00/test D4767) Consolidated Drained (TXCD-3 stage) (ACOE) $860.00/test USDA Bulk Density Test $ 20.00/ ea. USDA Textural Suitability Test $ 50.00/ea. Unconfined Compression $ 50.00/ea. Unit Weight of Concrete $ 50.00/unit 1/2 Day Minimum Charge. + 25% Weekly Discount, 40% Monthly Discount. (1) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for rocessin and curing per ASTM C-31. Notes: All samples of soil or rock from physical testing are discarded 30 days after submission final report unless prior arrangements are made. Samples of soil or rock submitted for testing for hazardous substances will be returned to the Client, who is responsible for proper disposal. This fee schedule is subject to review and adjustment, as required. Certain services may require prevailing wages or overtime at premium pay to SHN employees. In such circumstances, fees will be adjusted to reflect increased labor costs. \\willits\Projects\2009\409060-OrchardAveBridge\300-ConstructionInspectionServices\PUBS\agr\ExliibitA.doc 4J;T 15