HomeMy WebLinkAboutSHN Consulting Engineers & Geologists, Inc. 2006-07-12AGREEMENTFOR
PROFESSIONAL CONSULTING SERVICES
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This Agreement, made and entered into this I day of Jaiiii, 2006, ("Effective Date") by and
between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and SHN Consulting
Engineers & Geologists, Inc., a California Corporation, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires professional services related to the performance or checking of work requiring
licensure as a Professional Land Surveyor, registered in the State of California.
b. Consultant represents that it has the qualifications, skills, and experience 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 attached hereto as Exhibit "A", describing
contract provisions for the services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION AND SCOPE OF SERVICES
1.1 Consultant shall provide the services as set forth in Exhibit "A", attached hereto.
1.2. 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.
2.0 CONDUCT OF WORK
2.1 Time of Completion. Consultant shall commence performance of services as required bythe
Scope of Work on or after the Effective Date on an as -needed basis upon request of the City
Engineer, City Manager or other officer or employee of the City, if authorized by the City
Manager to request such services. Consultant understands and agrees that the City reserves
the right to use other employees or independent contractors to perform the same or similar
services during the term of this Agreement. Consultant shall complete all requested work to
the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is
entitled to further compensation.
3.0 COMPENSATION FOR SERVICES
3.1 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 exceed a maximum
dollar amount of $10,000.00. Labor charges shall be based upon Consultant's standard
hourly billing rates for the various classifications of personnel in effect as of the date of this
contract 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
customary and reasonable. Consultant's Schedule of Fees are attached hereto as Exhibit "B."
3.2 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 Exhibit"A"
and not additional time to complete those activities than the parties anticipate on the date they
entered this Agreement.
3.3 Subcontractor Payment. The use of subconsultants 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 in accordance with the Schedule of Charges attached as
Exhibit "B."
3.4 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 invoice less any amount already paid to consultant, which
amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by
documentation sufficient to enable City to determine progress made.
4.0 ASSURANCES OF CONSULTANT
4.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for
its acts or omissions. Consultant (including its agents, servants, and employees) is not City's
agent, employee, or representative for any purpose.
4.2 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.
5.0 INDEMNIFICATION
5.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 5.2
Consultant shall not begin work under this Agreement until it procures and maintains for the
duration 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
Form No. CG 00 01 11 85.
2. ISO Form No. CA 0001 (Ed. 1/78) 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 LaborCode of the State
of California and Employers Liability Insurance.
4. Professional Liability Insurance covering damages which may result from
errors, omissions, or acts of professional negligence by Consultant.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. 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.
2. Automobile Liability: $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. Professional Liability Coverage: $500,000 combined single limit per
occurrence. If the coverage is an aggregate limit, the aggregate limit must
apply separately to the work performed under this Agreement, or the
aggregate limit shall be twice the per occurrence limit.
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 Liabilitv and Automobile Liabilitv Coveraaes
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. 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 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
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 G 3o to
x/30/®-7 .
4. All Coverages
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 notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Except for professional liability insurance, insurance is to be placed with insurers with
a Best's rating of no less than A:VII and who are admitted insurers in the State of
California. Professional liability insurance may be underwritten by Lloyds of London.
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 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 contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
If Consultant uses subcontractors or sub -consultants, it shall cover them under its
policies or require them to separately comply with the insurance requirements set forth
in this Paragraph 5.1.
5.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and
employees from and against any and all claims, demands, liability, costs and expenses,
including court costs and counsel fees, arising out of the injury to or death of any person or
loss of or physical damage to any property resulting from any negligent or wrongful act or
omission committed by Consultant or it's officers, agents or employees while performing
services under this Agreement. Consultant's liability for professional negligence shall be
limited to $1,000,000.
As to events which occur during Consultant's performance of this Agreement, City shall hold
Consultant harmless from and defend Consultant against all claims, liability, damage, or loss
arising out of any injury or death of any person or damage to or destruction of property
attributable to the negligent or willfully wrongful act or omission of City or its officers and
employees, where the injury, death or damage is caused by the sole and active negligence or
willful misconduct of City or City's employees.
6.0 CONTRACT PROVISIONS
6.1 Ownership of Work. All documents furnished to Consultant by City and all reports and
supportive data prepared by Consultant under this Agreement are City's property and shall be
given to City at the completion of Consultant's services at no additional cost to City.
Deliverables are identified in the Scope -of -Work, Attachment'A".
6.2 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.
6.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set
forth the entire understanding between the parties.
6.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
6.5 Modification. No modification of this Agreement is valid unless made with the agreement of
both parties in writing.
6.6 Assiqnment. Consultant's 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.
6.7 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.
6.8 Litigation. In the event a suitor action is instituted to enforce any of the terms and conditions
of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements
allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in
such suit or action in both trial and appellate courts.
6.9 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 non -breaching 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 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.
6.10 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.
7.0 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 SHN Consulting Engineers & Geologists, Inc.
300 Seminary Avenue 493 S. Main Street
Ukiah, CA 95482 Willits, CA 95490
8.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written:
CONSULTANT
BY: ` Date: 7 '- ✓�—" 0�
PRINT NAME: /1?Qzgg
CITY OF U IAH _
BY: Date: —
CA ACE HORSLEY, CITY MA GER
ATTEST
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BY: �,�'`c--+� _a_ �.a' Date:
CITY CLERK
APPROVED AS TO FORM:
DAVID J. RAPPORT,
CITY ATTORNEY, CITY OF UKIAH
SCOPE OF SERVICES
Exhibit "A"
Consultant is a firm that employees one or more Civil Engineers or Land Surveyors duly licensed
as such under the laws of the State of California.
2. Consultant agrees to provide to the City services as a Licensed Land Surveyor for the following:
A. Attend City Council meetings as requested by the City Council, City Manager or City
Engineer.
B. To provide land surveying consulting services as follows:
1. To review Parcel Maps, Tentative and Final Subdivision Maps, improvement plans
and reports which involve surveying and make recommendations thereon.
Examples of related documents to be reviewed shall also include a variety of
deeds, certificates of compliance, survey closures, etc.
2. To approve improvement plans and final subdivisions maps as the City Surveyor
for the City of Ukiah, in accordance with the City's Subdivision Ordinance and
State Subdivision Map Act.
C. To provide land surveying advice and services at the request of the City in connection with
the maintenance, construction and rehabilitation of sidewalks, curbs, gutters and streets,
storm drains, parking lots, landfill, and any or all other engineering and land surveying
services required by the City.
D. On any project requiring the services as outlined in Paragraph C above, and requiring
Consultant's services in a project amount in excess of five thousand dollars ($5,000),
Consultant and City shall negotiate and reach mutual agreement regarding any
appropriate amendment to this Agreement providing additional compensation for services
related to such project.
Exhibit "B"
4Y;T
Consulting Engineers & Geologists, Inc.
Fee Schedule
January 1, 2006
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 and are subject to a 2 -hour minimum. Current rates are as follows:
Hourly Charge Rates
Position'
Hourly
Rates
Principal Engineer
$
105.00 -
$135.00
Principal Engineering Geologist
$
105.00 -
$130.00
Principal Surveyor
$
105.00 -
$115.00
Project Manager
$
75.00 -
$130.00
Senior Planner
$
85.00 -
$110.00
Senior Engineer
$
85.00 -
$135.00
Senior Geotechnical Engineer
$
85.00 -
$120.00
Senior Geologist
$
85.00 -
$120.00
Senior Surveyor
$
75.00 -
$ 95.00
Engineer
$
70.00 -
$ 95.00
Traffic Engineer
$
80.00 -
$115.00
Geologist
$
50.00 -
$ 90.00
Certified Industrial Hygienist
$
90.00 -
$110.00
Environmental Specialist
$
60.00 -
$110.00
Environmental Planner
$
60.00 -
$ 90.00
Staff Surveyor
$
50.00 -
$ 85.00
Assistant Engineer
$
60.00 -
$ 85.00
Survey Party Chief3
$
50.00 -
$ 80.00
Junior Engineer
$
50.00 -
$ 65.00
Engineering Technician/Draftsperson3
$
45.00 -
$ 80.00
Lab/Field Technician3
$
50.00 -
$ 75.00
Survey Technician
$
40.00 -
$ 55.00
Technical Writer
$
45.00 -
$ 60.00
Clerical
$
35.00 -
$ 55.00
Expert Witneas2'4
$125.00 -
$200.00
1 Incidental expenses, i.e. lodging, meals, airplane tickets, etc., are billed at
cost plus 15o.
2 Minimum daily charge is four hours.
3 Rates depend on the specific personnel assigned and
if prevailing
wage rates are
required in the area of work.
4 Rates for Expert Witness are charged for preparation
and
testimony
for both
deposition(s) and trial(s).
Reimbursables
The following direct charges are charged in addition to the hourly charge rates set forth above.
Direct Charges:
Engineering Copies (D or E size)
$ 2.00/ea.
CADD plots
$ 15.00/ea.
Copies
$ .15/ea.
Equipment and other expenditures (required for
Cost + 15%
projects)
FAX
$ 2.00/sheet
Field office
Cost + 15%
Filing fees, telephone expense, etc.
Cost + 150
Iron pipe, monuments, flagging, etc.
Cost + 15%
Mylars
$ 6.00/ea.
Services of other consultants
Cost + 15%
Stakes, hubs, lath, etc.
Cost + 15%
Subsistence, air travel, etc.
Cost + 15%
Vehicles
$ 10.00/day plus
$ .60/mile
Field Testing and Equipment:
Anchor bolt testing
$ 10.00/hour plus operator
CO2 Meter
$ 10.00/day
Concrete Compression Impact Hammer
$ 25.00/day*+
Core Drilling Machine
$ 75.00/day + $3.00/inch
cored
Dissolved Oxygen Meter
$ 50.00/day*+
Expendable Supplies
$ 40.00/day*+
Fyrite Meter
$ 25.00/day*+
Generator
$ 50.00/day*+
Geophysical Equipment
By Quotation
Grundfos Controller & Pump (50 ft. max well depth)
$100.00/day
Grundfos Controller & Pump (>50 ft. well depth)
$200.00/day*+
Hand Auger
$ 20.00/day
Health & Safety Level D
$ 30.00/day*+
Health & Safety Level C
$ 60.00/day*+
High Pressure Controller
$ 60.00/day*+
Inclinometer
$200.00/day*
LEL Meter
$ 50.00/day*+
Nuclear Density Testing
$ 15.00/hour plus operator
Other equipment including drill rigs, backhoes, etc.
Cost + 15%
ORP Meter
$ 15.00/day
OVA
$100.00/day*+
Ozone Sparge Trailer
$500.00/day
Peristaltic Pump
$ 50.00/day*+
pH/Conductivity Meter
$ 40.00/day*+
Power Auger
$100.00/day*+
Pumps
$ 45.00/day*+
Quad (ATV)
$150.00/day
* 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 processing and curing per ASTM C-31.
Reimbursables, Continued
Field Testing and Equipment, Continued:
Rebar Locating Device
$ 5.00/hour plus operator
Roto -hammer
$ 50.00/day*+
Skidmore -Wilhelm Bolt Tension Calibration
$ 40.00/day
Soil/Gas Purge Pumps
$ 30.00/day*+
Soil Gas Probes
$200.00/day*+
Torque Wrench (to 1000 ft lbs)
$ 5.00/hour
Turbidity Meter
$ 20.00/day*+
Ultrasonic Test Device
$ 12.00/hour plus operator
Vapor Extraction System
$500.00/day*+
Water Level Data Logger
$ 60.00/day*+
Water Level Meter
$ 30.00/day*+
Well Point
$ 50.00/day
Well Wizard
$100.00/day*+
Survey Equipment:
Data Collector
$ 5.00/hour
GPS Station
$ 65.00/hour
Level
$ 25.00/day*
Robotic Total Station
$ 40.00/hour
Total Station
$ 7.50/hour
Total Station w/Data Collector
$ 12.50/hour
Laboratory Tests:
Aggregate Tests for Concrete Mix Design
$150.00/stockpile
Asphalt Content Gauge Calibration
$115.00/ea.
Asphalt Extraction (% Bitumen)
$135.00/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
$125.00/ea.
6 -inch Mold
$145.00/ea.
Check Point
$ 40.00/ea.
Concrete Compressive Strength (CT 521 or ASTM C39)
$ 35.00/ea.("
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
$ 60.00/ea.
Expansion Index
$150.00/test
Fireproofing Density
$ 50.00/ea.
LA Rattler (abrasion resistance)
$150.00/test
* 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 processing and
curing per ASTM C-31.
Reimbursables, Continued
Laboratory Tests, Continued:
Liquid Limit
$
60.00/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
$
80.00/ea.
Masonry Core Shear Test
$
50.00/core
Moisture Content
$
10.00/ea.
Moisture-Density Test
$
25.00/ea.
Particle Size Analysis (ASTM 422)
$
75.00/ea.
Percent Crushed Particles
$125.00/ea.
Percent Entrained Air In Concrete
$
10.00/ea.
Percent Organics
$
50.00/ea.
Plastic Limit
$
40.00/ea.
Plasticity Index
$100.00/ea.
R-Value
$225.00/ea.
Rice Specific Gravity of Asphalt (ASTM D2041)
$
70.00/ea.
Sample Preparation
$
40.00/hour
Sand Equivalent
$
60.00/ea.
Sawing Rocks and Concrete Cores
$
30.00/unit
Sieve Analysis--Coarse
$
40.00/ea.
Sieve Analysis--Fine
$
50.00/ea
Sieve Analysis--Passing 200
$
45.00/ea.
Specific Gravity, Rock
$
45.00/ea.
Sulfate Soundness
$
80.00/cycle
Swell Test
$
55.00/point
Triaxial Compression, Remolded Permeability
Cost + 15%
USDA Bulk Density Test
$
20.00/ea.
USDA Textural Suitability Test
$
50.00/ea.
Unconfined Compression
$
50.00/ea.
Notes:
All samples of soil or rock from physical testing are discarded 30 days after submission of 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.