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HomeMy WebLinkAboutRau & Associates, Inc. 2014-08-05 I I CONTRACT#1415-102 I AGREEMENTFOR PROFESSIONAL CONSULTING SERVICES This agreement made and entered into this 5th day of Auqust, 2014 ("Effective Date"), I by and between the CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "CITY" and Rau and Associates, a corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "ConsultanY'. RECITALS i This Agreement is predicated on the following facts: I a. City requires consuRing services related to performing a property line survey of the I southwest fence line of Anton Stadium, APN 001-160-05, east end of Giorno Avenue, 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 I 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 Ciry and ConsWtant 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 by September 15. 2014. 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. I 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Comoensation. For the performance of the professional services of this , Agreement. Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $7,000.00. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Sia-Pm6vas/u;nom.m.Nn.�embe•zn,mox PAG[1 OF 1 I I — I CONTRACT#1415-102 � , 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 B. 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 Chanqes. 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 Pavment. 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 Pavment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily pertormed prior to the date of the invoice less any amount already paid to Consultant, � which amounts 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 I to perform each task, the fees charged for that task, and the direct expenses incurred and bilied 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 Indeoendent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consuttant is an independent contractor and not an employee, joint venturer, 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 pertormed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. I 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 relationship 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 government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his 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 I defending against any audit, claim, demand or law suit. S:d� RoRr<nA6�nmem-Now�mMr 20,3C08 I rr,ce±or v - - I • CONTRACT#1415-102 � Consultant warrants and represents that it is a properly licensed professional or I professional organization with a substantial investment in its business and that it I maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consuttant understands that its rofessional re n i i i is ol I p spo sblty s ey , to Ciry. Consultant has no interest and will not acquire any direct or indirect interest that i 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 10 days of being notified of the City Manager's determination. I 6.0 INDEMNIFICATION 6.1 Insurance Liabilitv. Without limiting ConsultanYs obligations arising under Paragraph 62 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: I 1. Insurance Services Office ("ISO) Commercial General Liability Coverage I 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 consultanYs profession. Architects' and engineers' coverage is to be endorsed to I include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General LiabiliN: $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 I general aggregate limit shall apply separately to the work performed i under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage. AE-Ro1S•nAgecmmr NwcmEn 3L,3008 I PAGEIOF] , I I CONTRACT#1415-102 3. Worker's Compensation and Emolovers Liabilitv'. Worker's compensation limits as required by the Labor Code of the State of California and Empioyers Liability limits oi $1,000,000 per accident. 4. Errors and Omissions liabilitv: $1,00O,OOD 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 i�surer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shaA 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: 1. General Liabilitv and Automobile Liabilitv Coveraqes a. The City, it 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 o�cers, o�cials, employees or volunteers. b. The ConsultanYs insurance coverage shall be primary insurance as respects to the City, its officers, o�cials, 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 repoRi�g pro�isions of the policies shall not affect coverage provided to the City, its officers, officials, � employees or volunteers. d. The ConsultanYs insurance shall apply separately to each insured I against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. I 2. Worker's Compensation and Emplovers Liabilitv Coveraae I The insu�er shall agree to waive all rights of subrogation against the City, I its officers, officials, employees and volu�teers for losses arising from ConSUltanYs performance of the work, pursuant to this Agreement. GA-1`mR�csAyeeemem.tr'overtbe�10.1C08 rnecaoe� - - I CONTRACT#1415-102 3. Professional Liabilitv Coveraqe If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from the effective date to one year after the effective date. 4. All Coveraqes Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written I notice by certified mail, retum receipt requested, has been given to the I City. � , E. Acceptabilitv of Insurers , , Insurance is to be placed with admitted California insurers with an A.M. BesYs 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 Coveraae I 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 I 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. I, 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 I to require complete, certified copies of all required insurance policies, at any I time. If Consultant fails to provide the coverages 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 , contrector after notice to Consultant that City has paid the premium. �I G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sutrcontractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. I 62 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for ihe 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 wiliful , misconduct of Consultant in the performance of services under this contract by I 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 I S�E-1'mlSvuA6'amrnrFO�embcr30.30J8 PnGfi 5 OF 9 I I II CONTRACT#1415-102 � , misconduct or defects in design by the City, or arising from the active negligence of the City. I "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their o�cers, employees, agents, and subcontractors. 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. Detiverables are identified in the Scope-of-Work, Attachment"A". i All documents produced by Consultant shall be fumished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media ' approved by City. 7.2 Governina 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 Califomia law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. I 7.3 Entire Aqreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severabilitv. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing, 7.6 Assiqnment. ConsultanYs services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City 's prior written consent. 7.7 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. , 7.8 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 lo complete the project for which Consultant was retained. A paRy 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 I contract shall be terminated as of that time. If terminated for lack of funds or $�,E PnRvcAg�eanm�.Na.emMr 29.300B PAG[60F1 . � CONTRACT#t1415-102 abandonment of the project, the contract shall terminate on the date notice of � 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 provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. 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. 7.9 Duolicate Oriainals. 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 I Agreement between the parties. 'i 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 RAU AND ASSOCIATES, INC. I CITY MANAGER ATTN: MR. GEORGE R,4U 300 SEMINARY AVENUE 100 NORTH PINE STREET UKIAH, CALIFORNIA 95482-5400 UKIAH, CALIFORNIA 95482 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: ' RAU AND ASSOCIATES, INC. BY: �''/�G /t�.�a:� _ � _ J". �-- � o ✓ Date PRINT NAME C�G�',Pl� C. /�jf✓ I `f9-7J�!�'1�i5-1 �I IRS IDN Number ' CITY OF UKIAH � BY: iGa�e ��lG�.`��.-� ' // � I CITY MANAGER Date I ATTESZ�. � I �, ���.��L (.( ������ ���� �/�([ �(y CITY CLERK Date Sid-Ra1SvaAS�mn<nF No�xmber 2J.3W8 �I PAGE]OF] I ATTACHMENT "A" GEOROE C.RAU,P.E. i . VPESIO£M � ' '` ■�r�+T(: /� - JAVIEPJ'RAV � ASS�Cy111.UJ INV� YICEPRESIOWL poaenviNCenr,r.e , CIVILENGWEERS�LANDSURVEVOi75 � CATHYAMCKEON,P.E ' . . �July 18, 2014 Mery Horger, Purchasing Supervisor City of Uklah 411 West Clay Streat Ukiah, CA 95482 m h o rg e r(d c i tyof u k i a h.com ' RE: FEE PROPOSAL TO SURVEY SOUTHWESTERLY SIDE OF APN 001-160-05; EAST END OF ' GIORNO AVE., UKIAH Dear Ms. Horger This is to respond to your request dated July 15, 2014 for an estimated coet to perform a properly Ilne ' survey of the southwest fenceline of Anton Stadium, adJecent to property owned Ulla Rand. Task 1• Base Scooe of Services I , 1. We will attempt to Ixate the praperty comers near the referenced property. Preliminary research indicates tliat the actual property line has not been surveyed and monumented prevfously. � However,there are mape of record establishing the location of Giomo Avenue to the end where it ' abuts Anton Sladium end the extension of the property lines to the north. A prelirninary ceview of �e deeds of the two properties(Rand end City)indicate that they do not clearly coincide,so field survays wi6 have to determine whether there are any ambiguities or not. Where the property comers do not exist, we wiil set corner monuments. We will also require a Preliminery Title Report on the Rend Properry to discover if there are any eesements to the Gity or others for the storm drainage system. 2. Assuming the boundary lina can bo resolved without ambigu+ty, it wiA he monumentad at Giorno Avenue and on fhe bank of the creek where it will not be lost. 3. A Racord of Survey MaQ will ba prepared a�d su6mitted to the County Surveyors Offica for review. 4. A plat wlll also be prepared to show the tlrainage ditch and the fence location relative to the property line. ?his piatwill be combined wlth a plat of the work which was previously done on the east sida of Anton Stadium. IDelivere6les: �'�. CAD drawings in electronic format(Civil 3D) and 3 hard copies of the plat will be delivered lo the City. In i adtlitlon,three copies of the Record of Survey Map will be delivered to the City afler it is rewrded. I Exuerience in the Area Rau antl Associates, Inc. has previousy surveyed the east boundary ot Anton Statllum and a portion of - the south boundary where Anton Stadlum adJoins Joe Mayfieltl's property. We intend to use the survey control for that survey work for the current request so Ihe two maps wi11 he combined into one ptat, � � making ali of the information available on one documant. I II 100 NORTH PINE STREET • UKIAH,CALIFORNIA 95dB2 • 707-462-fi636 • FA%7W-483-2728 � , www.reuendescoc.com . —.._ —. — — —_ — . . '� . , . . . �Mary Horger,July 18,2014 Page 2 li Additional Infortnation Reauired from Citv �I�I • Title Report for lhe Rand Property. Proposed Maximum NoRto-exceed Fee � We propose to perform the field survey work, prepare a preliminary plat showing what is discovered reletive to tne drainage ditch, fence and property line, set property comer monuments, complete the Record of Survey and produce the deliverables mentioned above for an estimated fee not to exceed $6,500 (Rau and Associates, Inc.), plus the map check fee of$500 to Mendocino County Surveyor. The total fee Is broken down as follows: Initial Research-$800; Preliminary Fleltl Surveys-$2,200; Boundary Analysis and Plat$1,850 ; Property Corner Monumentation•$450; Record of Survey Map$ 1200; Map � Check Fee$540. Pr000sed Schedule ��� We propose to perform the initial field survey work within 5 days of receipt of Ihe notice to proceed, and prepare a preliminary plat showing what is discovered relative to the drainaga ditch, fence and property line. This will allow the City ro understand if there appeare to be encroachments onto Anton Stadium or onto the Rand Property. It is anticipated that it will take us approximately 1 vreek to compiete and submlt the Boundary Survey Map for review by City of Ukiah after the Preliminary Title Report has heen tlellveretl. Then the property corners can be set and U�e Record of Survey Map submitted for revlew to the County Surveyor's Office. We anticipate completing any required changes to the submitted Record of Survey Map within three working days of receipt of comments. Schedule of Fees: Atteched I If Rau and AsscGates, Inc. Is selectetl to pertorm the work, ptease authorize $7,D00 total so that we can pay the County Surveyor Fee and have it relmbursed.Thank you for this opportunity to be of service. Very truly yours, I ,_.J��tiO�E'o,;'i i':..�,. � ,`v � vo:,'EiGC• C r `- . f��•'u`�> y. �;:� t�,G L°. /��� I r. c„. �r� �2,y�� � "' George C. Rau,President � Exp.09•3C.+?O/S ^ti,. ��tx 'i'-;� Rau and Associates,Inc. ��;".,?y;,,,Civi���r;�� RegisteredCivilEngineer21908 , n`���{�,,;.% Expires09-30-2016 Attachment: .....:. Schetlule of Faes#31 I I�i I I I - - . . . ATTACHMENT "B" I� SCHEDULE OF FEES - Table 31 I Effective October 1,2012 Registered Civil Engineer Principal $162.00/hr. Senior Registeretl Civil Engineer 145.00/hr. I Associate Clvil Engineer �20.00/hr. Project Manager 102.00/hr. Land Surveyor 96.00/hr. i Lab-Survey Manager 112.00/hr. Staff EngineedStaff Surveyor 94.00/hr. '. Water Pollution Control Manager(PW) 140.00/hr. ', QSD/QSP Specialist(Non PW) �10.00/hr. I InsVUmentOperator(PW) �04.00/hr. � Rodman(PW) 92.00/hr. Materials Tester including PW(nuclear gauge charge may apply) 116.00/hr. Construction Inspector(PW) 128.00/hr. Technician IV 72.00/hr. Technician III 66.00/hr. Technician II 54.00/hr. Technician I 38.00lhr. Administration 48.00/hr. Vehicle Usa(subject to change due to I�ternal Revenue Standards) 0.555lmile Outside Services Over$1,000 Cost+5°h Outside Services Under$1,000 (Aggregate amount) Cost+ 15°� Expert Witness/Testimony at Trial, Deposition,Arbitretion $250.00/hr. (4 hour minimum) Laboratory Tests: Texture Analysis (Mendocino County Health Dept.) $45.00/ea. I Uni[Dry Weight-Moisture Content(Tube Sample or Ped) 35.00/ea. Sand Equivalent(CTM 217) 110.00/ea. i Sieve Analysis-Coarse Aggregates(CTM 202) 50.00/ea. Sieve Analysis-Fine Aggregate(CTM 202) 90.00/ea. Maximum Dry Density(ASTM D1557) 4" Mold 205.00/ea. 6" Moltl 235.00/ea. � Maximum�ry Density(ASTM D698) 190.00/ea. Maximum Wet Density(CTM 216) 235.00/ea. UN[Weigh[of Aggregate(CTM 212) Method A or B 55.00/ea. Method C 39.00/ea. Crushed Particle Analysis(CTM 205) 67.00/ea. Cleanness Value(CTM 227) 67.00/ea. . Durability Index-Coarse (CTM 229) 140.00/ea. I Durability Index-Fine (CTM 229) 220.00/ea, I Specific Graviry 8 Absorption (CTM 206) 90.00/ea. I Plasticity Indez(ASTM 4318) 162.00/ea. Expansion Index(UBC S�andard 18-2) 190.00/ea. Unit Weight of Fresh Concrete(CTM 518) Technician Hourly Rate Ball Penetration(CTM 533) Technician Hourly Rate I � Air Content of Fresh Concrete (CTM 504) Technician Hourly Rate Sample Preparation Times Technician Hourly Rate Special Equipment Rates: Supplemental Billings: ' Computer Aided Design Software $10.00/hr. Engineering Copies 24 X 36 $3.00/sheet Nuclear Gauge $100/per day' Engineering Copies �8 X 2fi $2.00/sheet � � All Terrain Vehicle $45.00lper day' AssessoYS Map Coples $2.00/sheet I GPS Equipment $600/per day' Survey Monuments $3.00/each � Robotic Total Station $200/per day' Steel Fence Posts $8.00/each `One Day Minimum Charge ' Invoices will be rendered monthly, as a final or progress billing, whichever applies, and are payable upon receipt, unless a mutually acceplable payment schedule has been established. Late Fees at a rate of � Y,%, per month, computed and charged monthly on the unpald balances, shall be payable on aeeounts not paid within 30 days from invoice date. i I