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HomeMy WebLinkAboutC-1947CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1, PARTIES AND DATE. If
I �� , Y
This Agreement is made and entered into this 1-_o a sder the laws of the State
and between the City of Arcadia, a municipal organization g eized un
Arcadia,
of California with its principal place of business at
s California Corporation Drive, h is principal
California 91066 -6021 (City) and Nmyo & ,
place of business at 475 Goddard, Suite 200, Irvine,
CA 92618 ( "Consultant "). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant. of certain
Consultant desires to perform and assume responsiband coedit ons provision
forth m this
professional services required by the City on the terms set
Agreement. Consultant represents that it is experienced in p avid rnia eote is familnd with the
Testing services to public clients, is licensed in the State o
plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the St. Joseph Reservoir No.
1 Replacement project ( "Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to work
the City all labor, materials, tools, equipment, services, ncal and Mat rialrT t g
necessary to fully and adequately supply the professi onal Geotechn
consulting services necessary for the Project ( "Service�� rein by reference. more particularly shall
described in Exhibit "A" attached hereto and incorporated Y
hereto
be subject to, and performed in accordance with, ocalmst tetand federal lawshrules and
and incorporated herein by reference, and all appl icable
regulations.
3.1.2 Term. The term of this Agreement shall be from date of execution to June
30, 2004, unless earlier terminated as provided herein. Consultant
t shed schedu eseand
the deadliness
within the term of this Agreement, and shall meet any other established
1
3.2 Responsibilities of Consultant. , __4 r- „+,-nrtnr. The
3.2.1 Control and Pa ent of :)unoru
be performed by Consultant or under its supervision ect to the requirements of of this
Services shall p erforming the Services J to ee. and not as an
the means, methods and details of p
nt. City retains Consultant on an independent
services
during the term of
Agreeme Y ht to perform similar or Agreement on
Consultant retains the rig ersonnel performing the Services under this
this Agreement. Any additional p
Consultant shall also not be employees of City and shall at all times be under
behalf of Con all wages, salaries, and other
Consultant's exclusive direction and
connection with their performance of Services under this
oc� control. Consultant shall pay 1 reports and
amounts due such personnel m c
Agreement and as required by law. Consultant shall be ut not limited to: all
security
obligations respecting such additional personnel, including,
' hholding, unemployment insurance, disability insurance, and workers'
taxes, income tax wit
compensation insurance.
Schedule of Services. Consultant shall perform the Services
3'2'2 eement, and in accordance with the Schedule of
within the term of this Agr orated herein by reference.
expeditiously, per
the
Services set forth in Exhibit B�� attached and technical personnel required to onformance
Consultant represents that it has professional
rvices in conformance with such conditions• Consultants submittals in aotimely1manner• Upon
Se performance
with the Schedule, City shall respond to Con
st of City, Consultant shall provide a more detailed schedule of anticipated p
rcque _
3.2.3 ContormwIuQ royal of City.
Consultant shall be subject to the app
3.2.4
Substitution of Key Personnel. Consultant der thisrAgreement CiShould
certain key personnel will perform and coordinate the
may substitute other personnel of
one or more of such personnel become unavailable,
tense upon written approval of City. In the event entitled ltt and phis
at least equal compe p personnel, City shall perform the
cannot agree as to the substitution of key p ersonnel who fail or refuse the City to be
Agreement for cause. As discussed below, any o who are determined by
adequate or timely completion of the Project or a
Services in a manner et ntepa threat sh the all the aldeq removed from the Project by the
uncooperative, mc° persons or property, shall be promptly rem Agreement are
threat to the safety of p r U The key personnel for performance of this
Consultant at the request of the Cit'princi al Engineer.
as follows: Jalal Vakili, Ph.D., P.E•, Principal
3.2.5 City's Representative. The City hereby designates Pat Malloy, Public
Works Services Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative"). purposes under thisiContracpe
Contract. 1 Consultant the power
act
ultant sha not accept direction
on behalf of the City for all pure
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Jalal Vakili,
Ph.D., P.E., Principal Engineer, or his or her designee, to act as its representative for the
performance of this Agreement ( "Consultant's Representative "). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care, of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub - consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
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3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
4
(A) General Liabilitv. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liabilitv. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its - directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self - Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
5
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) _ adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed FORTY -THREE THOUSAND TWO HUNDRED SEVENTY SEVEN
DOLLARS AND NO CENTS ($43,277.00) without written approval of City's Public Works
Services Director. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty -five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
0
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective Parties at the following address, or at such other
address as the respective Parties may provide in writing for this purpose:
Consultant:
City:
Ninyo & Moore Geotechnical and Environmental Sciences Consultants
475 Goddard, Suite 200
Irvine, CA 92618
Attn: Jalal Vakili, Ph.D., P.E., Principal Engineer
(213) 488 -5111
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Propert y. This
Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
0
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the
losing Party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for
any and all legal expenses and costs incurred by each of them in - connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
9
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction-, References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, auginent, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same rorerformed b covenant Party shalh give the they Party any
privilege, or service voluntarily give p y
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no 'intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity' Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
10
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA
By: un
William R. Kelly, City Manager
Dated: 1+ 12003
ATTEST:
4
Cy' C lerk d
By: c�
[Signature]
Jalal Vakili
[Print Name]
Principal Engineer
[Title]
APPROVED AS TO,FORM: CONCUR:
Stephen P. Deitsch Department Head Date
City Attorney
11
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide the following services:
• Project coordination, technical support and management, including work scheduling and
review of the project geotechnical reports, plans and specifications.
• Attendance at pre - construction meetings and as- needed field meetings.
• Geologic field support to evaluate the suitability of remedial excavation bottoms, and to
provide supplemental recommendations where appropriate.
• Field technician services for field observation and density testing during earthwork
including pad preparation, trench backfill, structure backfill, subgrade preparation, and
aggregate base placement. Our field technician will perform density tests to evaluate fill
compaction.
• Field technician services for field sampling and testing during structural concrete
placement including checking slump, temperature, air content, unit weight, yield, and
casting concrete cylinder samples in accordance with the project specifications.
• Field technician services for observation, sampling and density testing during asphalt
concrete pavement placement.
• Laboratory testing including maximum density /optimum moisture content, sand
equivalent, sieve analysis and compressive strength testing.
• Preparation of daily reports and field memoranda to document the items observed.
• Preparation and submittal of a Final As- Graded Report which includes a summary of our
density test results and presents our conclusions regarding the earthwork performed on
site.
A -1
EXHIBIT "B"
SCHEDULE OF SERVICES
EXHIBIT "C"
COMPENSATION
C -1
St, Joseph Reservoir No. f Replacement - Project No. 6272072
City of Arcadia, California
TABLE I - BREAKDOWN OF ESTIMATED FEE
Project Engineer/Geologist 24h oucS = $ 123.00 /hour � �� 52OO
Field Operations Manager 24 hours @ $ 85D0 /hour
Subtotal $ ^^,992/�/�
LABORATORY TESTING
FIELD SERVICES,
Concrete Compressive Strength
200 tests
Project Engineer/Geologist
24 hours
@
$
123.00
/hour
$
2,952,00
Field Technician
$
17.00
/test
$
204.00
Maximum Density (Soil & Aggregates)
4 tests
Site Work and SUhor@d8Preparation
80 hours
@
$
64.00
/hour
$
5'120.00
Concrete Sampling and Testing
200 hours
@
$
04.00
/hour
$
12.800.00
Structure B8CkfiU Density Testing
48. hours
@
$
64.00
/hour
$
3`072.00
Trench B8ohfi|| Density Testing
24 hours
@
$
64.00
/hour
$
1.535.00
Fine Grading and Aggregate Base
24 hOU[o
@
$
64.00
/hour
$
1.536.00
Sample Pick-ups
80 hours
@
$
53.00
/hour.
4,240.00
Subtotal
$
31,256.00
LABORATORY TESTING
Concrete Compressive Strength
200 tests
@
$
17.00
/test
$
3,400.00
Mortar and Grout Compressive Strength
12 tests
@
$
17.00
/test
$
204.00
Maximum Density (Soil & Aggregates)
4 tests
@
$
160.00
/test
$
640.00
Sieve Analysis
2 tests
@
$
95.00
/test
$
190.00
Sand Equivalent
2 tests
@
$
80.00
/test
$
160.00
Asphalt Concrete Maximum Density
1 test
@
$
170,00
/test
$
170,00
Subtotal
$
4,979.00
REPORT PREPARATION
Report Preparation and Distribution Lump S,um 2,000-00
Subtotal 2,000-00
TOTAL ESTIMATED FEE $ 43,227.00
5 l St. Joseph Reservoir No. I Replacement — Project No. 6272072
City of Arcadia, California
SCHEDULE OF FEES
HOURLY CHARGES FOR PERSONNEL
Principal Engineer /Geologist/Environmental Scientist .......... ....................................... ............ ... ..... I ........ I............
$ .139
Senior Engineer /Geologist/Environmental Scientist ................................................................ ...............................
$ 133
Senior Project Engineer /Geologist/Environ mental Scientist ................................................... ...............................
$ 127
Project Engineer /Geologist/Environmental Scientist ............................................................... ...............................
$ 123
Senior Staff Engineer /Geologist/Environmental Scientist ................................................. ...... ....... I ............ I..........
$ 109
Concrete Coring Technician and Equipment .......................................................................... ...............................
$ 100
Staff Engineer /Geologist/Environmental Scientist ................................................................... ...............................
$ 96
IS /GIS Specialist ....................................................................................................................... ...............................
$ 96
FieldOperations Manager ....................................................................................................... ...............................
$ 85
Nondestructive Examination Technician, UT, MT, LP ............................................................ ...............................
$ 80
Pull Test Technician and Equipment ....................................................................................... ...............................
$ 80
SupervisoryTechnician ........................................................................................................... ...............................
$ 74
Senior Field /Laboratory Technician ......................................................................................... ...............................
$ 69
Technical Illustrator /CAD Operator .......................................................................................... ...............................
$ 69
Field /Laboratory Technician .................................................................................................... ...............................
$ 64
ACIConcrete Technician ......................................................................................................... ...............................
$ 64
Concrete /Asphalt Batch Plant Inspector .................................................................................. ...............................
$ 64
Special Inspector, Reinforced Concrete .................................................................................. ...............................
$ 64
Special Inspector, Pre - stressed Concrete ................................................................................ ...............................
$ 64
Special Inspector, Reinforced Masonry ................................................................................... ...............................
$ 64
Special Inspector, Structural Steel .......................................................................................... ...............................
$ 64
SpecialInspector, Welding, AWS ............................................................................................ ...............................
$ 64
SpecialInspector, Fireproofing ................................................................................................ ...............................
$ 64
Geotechnical /Environmental /Laboratory Assistant ................................................................. ...............................
$ 53
InformationSpecialist. ......... .......... ......... ............ .................................................................................................
$ 52
Data Processing, Technical Editing, or Reproduction ............................................................. ...............................
$ 44
OTHER CHARGES
ExpertWitness Testimony ............................................................................................... ...............................
$ 250
/hr
Coring Machine Usage (includes technician) .................................................................. ...............................
$ 64
/hr
Special Preparation of Standard Test Specimens ........................................................... ...............................
$ 64
/hr
Steel and Concrete Specimen Pickup ............................................................................. ...............................
$ 53
/trip
InclinometerUsage ......................................................................................................... ...............................
$ 32
/hr
VaporEmission Kits ......................................................................................................... ...............................
$ 30
/kit
Rebar Locator (Pachometer) ........................................................................................... ...............................
$ 10
/hr
Nuclear Density Gauge Usage ...................................................................................... ................. .. ..............
$ 9
/hr
FieldVehicle Usage ......................................................................................................... ...............................
$ 6
/hr
Direct Project Expenses ................................................................ ............................... ...........................Cost
plus 15%
Laboratory testing, geophysical equipment, and other special equipment provided upon request.
NOTES (Field Services)
For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday
construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal
construction hours and all day on Saturdays and Sundays. Rates at twice the regular rates will be charged for all work in
excess of 12 hours in one day or on holidays. Lead time for any requested service is 24 hours. Field Technician rates
are based on a 2 -hour minimum. Special inspection rates are based on a 4 -hour minimum for the first 4 hours and an
8 -hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal.
INVOICES
Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged
on accounts not paid within 30 days.
P -1 1702•feeltr2
��19 a
St. Joseph Reservoir No. i Replacement— Project No. 6272072
City of Arcadia California
ucn uin'
SCHEDULE OF FEES FOR LABORATORY TESTING
Laboratory Test, Test Designation, and Price Per Test
Soils
Atterberg Limits, D 4318, CT 204. .................................................... $
California Bearing Ratio (CBR), D 1883 ....: ...... ............................... $
Chloride and Sulfate Content, CT 417 & CT 422 ............................ $
Consolidation, D 2435, CT 219 ......................... ............................... $
Consolidation — Time Rate, D 2435, CT 219 .... ............................... $
Direct Shear— Undisturbed, D 3080, CT 222 ... ............................... $
Direct Shear — Remolded, D 3080, CT 222 ...... ............................... $
Durability Index, CT 229 .................................... ............................... $
Expansion Index, D 4829, UBC 18- 2 ................ ............................... $
Expansion Potential (Method A), D 4546 ......... ............................... $
Expansive Pressure (Method C), D 4546 ........ : ....... ........................ $
Geofabric Tensile and Elongation Test, D 4632 .............................. $
Hydraulic Conductivity, D 5084 ......................... ............................... $
Hydrometer Analysis, D 422, CT 203 ............... ............................... $
Maximum Density, AASHTO T- 180 .................. ............................... $
Maximum Density D 1557, D 698, & CT 216 ... ............................... $
Moisture, Ash, & Organic Matter of Peat/Organic Soils .................. $
Moisture Only, D 2216, CT 226 ........................ ............................... $
Moisture and Density, D 2937 ........................... ............................... $
Permeability, CH, D 2434, CT 220 .................... ............................... $
pH and Resistivity, CT 643 ................................ ............................... $
R- value, D 2844, CT 301 ................................... ............................... $
Sand Equivalent, D 2419, CT 217 .................... ............................... $
Sieve Analysis, D 422, CT 202 ......................... ............................... $
Sieve Analysis, 200 Wash, D 1140, CT 202 .... ............................... $
Specific Gravity, D 854 ...................................... ............................... $
Triaxial Shear. C.D., three points, CT 230 ........ ............................... $
Triaxial Shear, C.U., three points, D 4767, CT 230 ......................... $
Triaxial Shear, U.U., one point, D 2850, CT 230 ............................. $
Unconfined Compression, D 2166, CT 221 ...... ............................... $
Wax Density, D 1188 ......................................... ............................... $
Roofing
125
350
100
200
50
200
250
140
140
130
130
150
250
130
210
160
90
18
30
200
95
215
80
95
75
75
350
325
125
160
75
Built -up Roofing, cut -out samples, D 2829 ....... ............................... $ 150
Roofing Materials Analysis, D 2829 .................. ............................... $ 450
Roofing Tile Absorption, (set of 5), UBC 15 -5 .. ............................... $ 150
Roofing Tile Strength Test, (set of 5), UBC 15- 5 ............................. $ 150
Concrete
Cement Analysis Chemical and Physical, C 109 ........................... $
Compression Tests, 6x12 Cylinder; C 39 ........ ............................... $.
Concrete Mix Design Review, Job Spec ......... ............................... $
Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ................... $
Concrete Cores, Compression (excludes sampling), C 42 .... I...... $
DryingShrinkage, C 157 .................................. ............................... $
FlexuralTest, C 78 ........................................... ............................... $
FlexuralTest, C 293 ......................................... ............................... $
FlexuralTest, CT 523 ....................................... ............................... $
Gunite /Shotcrete, Panels, 3 cut cores per panel and test, ACI .... $
Jobsite Testing Laboratory ............................... ...............................
Lightweight Concrete Fill, Compression, C 495 ............................. $
Petrographic Analysis, C 856 .......................... ............................... $
Splitting Tensile Strength, C 496 ..................... ............................... $
Reinforcing and Structural Steel
Fireproofing Density Test, UBC 7 -6 ................ ............................... $
Hardness Test, Rockwell, A- 370 ..................... ............................... $
High Strength Bolt, Nut & Washer Conformance, set, A- 32.......... $
Mechanically Spliced Reinforcing Tensile Test; ACI ..................... $
Pre -Stress Strand (7 wire), A 416 ............... ......... ............. I............. $
Chemical Analysis, A -36, A- 615 ...................... ............................... $
Reinforcing Tension or Bend up to No. 11, A 615 & A 706.......... $
Structural Steel Tensile Test: Up to 200,000 lbs.
(machining extra), A 370 ................................ ............................... $
Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ............ $
Asphalt Concrete
Asphalt Mix Design, Caltrans .......................................... :............... $
Asphalt Mix Design Review, Job Spec ............ ............................... $
Extraction, % Asphalt, including Gradation, D 2172, CT 310........ $
FilmStripping, CT 302 ..................................... ............................... $
Hveem Stability and Unit Weight CTM or ASTM, CT 366.,.......... $
Marshall Stability, Flow and Unit Weight, T -245 ............................ $
Maximum Theoretical Unit Weight, D 2041 .... ............................... $
Swell, CT 305 ................................................... ............................... $
Unit Weight sample or core, D 2726, CT 308 . ............................... $
1,500
19
125
650
40
190
40
45
50
190
Quote
30
1,000
65
50
40
100
80
125
100
42
52
46
2,000
135
190
80
170
190
90
150
75
Masonry
Brick Absorption, 24 -hour submersion, C 67 .... ...............................
$ 35
Aggregates
Absorption, Coarse, C 127 .............................. ...............................
$ 25
$ 25
Brick Absorption, 5 -hour boiling, C 67 .............................................
$ 48
Absorption, Fine, C 128 ................................... ...............................
Clay Lumps and Friable Particles, C 142........ ...............................
$ 95
Brick Absorption, 7 -day, C 67 ............................ ...............................
$ 53
Cleanness Value, CT 227................................ ...............................
$ 110
Brick Compression Test, C 67 ..............
$ 34
Crushed Particles, CT 205............................... ...............................
$ 130
Brick Efflorescence, C 67 .................................. ...............................
$ 34
Durability, Coarse, CT 229............................... ...............................
$ 120
Brick Modulus of Rupture, C 67 ........................ ...............................
$ 28
Durability, Fine, CT 229 ................................... ...........................•...
$' 120
Brick Moisture as received, C 67 .....................................................
$ 44
Los Angeles Abrasion, C 131 or C 535........... ...............................
$ 165
Brick Saturation Coefficient, C 67 ...:................. ...............................
Concrete Block Compression Test, 8x8x16, C 140 ..........:.............
$ 39
Mortar making properties of fine aggregate, C 87 .........................
$ 245
$ 50
Concrete Block Conformance Package, C 90 .. ..............I...........I....
$ 350
Organic Impurities, C 40.........................ical ......................89.......
Potential Reactivity of Aggregate (Chemical Method }, C.289.......
$ 350
Concrete Block Linear Shrinkage, C 426 ..................... ..... .............
$ 100
Sand Equivalent, CT 217................................. ...............................
$ . 80
Concrete Block Unit Weight and Absorption, C 140 .......................
$ 34
Sieve Analysis, Coarse Aggregate, lu 136...... ...............................
$ 95
Cores, Compression or Shear Bond, CA Code ..............................
UBC 21
$ 34
$ 19
Sieve Analysis, Fine Aggregate (including wash), C 136..............
$ 45
Masonry Grout, 3x3x6 prism compression, -18 .................
16
$ 19
Sodium Sulfate Soundness (per size fraction), C 88.....................
$ 145
Masonry Mortar, 2x4 cylinder compression, UBC 21- ................
Specific Gravity, Coarse, C 127....................... ..............................
$ 65
Masonry Prism, half size, compression, UBC 21- 17 .......................
$ 90
Specific Gravity, Fine, C 128_ ............................................ ..........
$ 75
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
P- 11702- feeltr2
03/28/2003 14:37 19497537071
N AND M IRV PAGE 02
I ri ...,,'7 Q
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�C ktwl.CATE INSURANCE
.. DATE(MM/DtiIYY) ..
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THIS CERTIFICATE, IS.1$SRD A$ A MATTER At INF(i12MATION.
fifeti' 9 81 gstyatef$s
'ONLY ',AND CONFERS NO Ii1GH`CS UPON "CHE . GI~RTIFICA7E
;OLDER.' THIS , CERTIFICAATE DOES,. NOT, AMEND, EXTEND OR.
a 12875,
LT9R THE COVERAGE AFFORDED BY THE II'OLICIES BELOW,
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INSURERS AFFaRDING COVE RACE. .
—
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INSURER Di
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tIClE:R':OE INSURANCE LISTED, BELOW HAVE'. BEEN' ISSUED :TO THE 'INSU NAMED. ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING.
N V1plEM6 TERM Oft, :OONOITtCEN'. X50 ANY C'ON`tRACT GlWOTHER "pq�IJMFNT WITH 'Rer pr r TO WHlrti THI$ CERTIFIO4TR MAY $U: I$SVEp OR
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DAC a ACORD CORPORAI`ION 1488
03/28/2003 14:37 19497537071 N AND M IRV PAGE 03
P "OLICYNlilU6iR,'. :MZXgo;8055'74 COMMERCIAL GENERAL LIABILITY
CCU 2.01010 93
THIS ENDORSEMENT C14A GES 'HIE pOLI�Y.:PLEASi READ IT CAaIFFULLY.
r
A DITIC�IrtAL IN i R i. O1 ` I f , L 5 a�-
W,
This 0nd6r9em6nt.rnadifies Itlsuranc provided under thy' following:
COMt+)1eRCJAI GENERA LIA6101Y C6V)yRAGE FART .
SCf1
.; N q of Person dr Organj,I2etionc
City ©f' Axcc a
'..: A,tt1ft Beni e., Wea`V'Or
`Road
... Cac11a, CA 93 p65;01,
a
F
if no an a
( rY „ppeais:>�br�y ,.lnforrnatron re uirdi+� fb compiOe.this'endors6menf will be shown in the
C?�ci ratir�ii5
as applieabl�: to this endorsdmen #:)
WHO ,IS AfV`'IN6UE ED (SIPCtfon il) i t;1 e60d6d to fnclude os an inured. the person or organization
shOwh fn the Schedule, but brily Ith tesp_at .6.1iabiiity:ari4ing put of your,ongoing operakians
k p�ifoMr�red'for, ;that insurod;,:' „ .
' P 0.10 ct; .No, 1 702 /Cit . c� A cadi , /St , JQS.op Re�servair No
6ement roject: The City of Axca.diA� it;8 direttors, o�fi,cials,
e g, em lay s, ageilt axed �vv a tee r are Additional flnal insureds tip
al `.Lab ] .t y, Zt7su anc .,ia .`T?x�m ,g` and N&a Cantr besting;..
PRI,MAR Y 13�8 P Akk o
1 T: .IS bNb8k2 blbl) AND ;AG+A'� D ZrkkT T�t;S tNSUJR.A.NCE IS PRIMARY.,
C t' tR ii` RANCE MAINTAINED AY THE A:bDI'T t,0NAL INS, nD
E C SS ONLY l?+N�7:;. NOT .;CCN'�'RI�S3"T'7.TwG W:I2H THIS .
`N.
03/28/2003 14:37 19497537071 N AND M IRV PAGE 04
a,
N; 1r1ncy er 11� :I gstired
i 05574 , Ged buical Cot guitgnts
mbr : M-ZiyX0�
NkfT"ertn; 10/03/02 010 /03/03
Insuraiiee Company: Vtre*aWs FUAd Insur. nce Comp
any
TM END1Q.1 SE
M T CHANGES THE ?O ICY. PLEASE READ 1TCAREFUL
LY
f
. AD ), Tl"L INSUI&D ENDORSEI FNT
F` ) UPS_ N SS'AVTO.tO.' ?ERAGE.
,u.
n
It is` agreed ftt the person or organization n =ed iyfelaw is axi Insured but only as provided by
Iterii 1: V HO IS N Sl l✓D>tnderSection TT JABiLTTX,CO"VE�A�xE ort JBUk 18S
AU' O CO AGE:I FORM: :CA 0(101(1/87), but atiily to the extent: that claims result fzom the
`4 �`•.;
4c& '6r failures to act of the -Named 1n 4ted.
', 1aaitie ©i' Jersan or UranizRtlon
P (A (11t ©nal Insueed)` .
0
I'rirn ry overage, f'er. SECti,Qli IV Busiri ss Au4.`Conditioizs - Section Ii General Conditions;
Other tna urance:
t
rbss Liability Ch Per Section V Business Ato Definitions Section D Definition of
leisured
Waver qt Sttbrogatipn Pe :Se: 1V'iistnessto Con ditioias.- Section A Loss Conditions,
'S Tim s 0,o£ Rights of Recovery Against Qtlx�,rs to Us,
1 �xtee of Ca>aeelY ton':(per CLOo 7,(11L95), A Co', cellatlaia); It is understood and agreed that
an the event of cancellation of tote Policy f0f. any're o'on other than no - payment of premiuzzx, 30
days'..wiitten notice w>al tie seiit.'to the cerni"icare h4d,by'mail, In the event the policy is
csxiceled oz nvzi- paynien;t of priWmium, l0 days wtri en note. will be sent to the above'.
P.O" BOX 4,rC }r OT AN F-F;ANCISCO CA 94142 -0807
COMPENSAUON
I N 13 tS R AX N C FEE
CERTIFICATE 0F VVORKERSAX)NMPENTIO INSURANCE
0117 OF A DIP,
100) ODTDRING RD
00 ARIA aA 910116-6023
3
U R I "iFI AI k F:XIARI[ ,I
}
�: �. ,. Ik i.. i.f 1. : sUS ift.3. <^(t'��L aE i.�O... #..:
f Ns is A) :;F'rtlfy MV we We m a rod a vMd Abr tiers Compel Ovation Insw ame p. d cy Irl a f ami <appi moved by Hie GW forrnaa
—_ -- nsur,'uncr; C ;oni lissioner is Me employer maned below for the policy period indicated.
=a t`
phis policy is no s4.apai rct to can ella iCan by Me ( =md except upon toiyd<ays advance written notice to the employer.
We voll Aso gwe y't; T days advance notwe stlo d this policy be cancelled prior to its normal r xpira ion.
TNs cer- tlficaale r f 7a1 rinry s not an Insurmice policy dnd does not arnend, extend or palter the coverage aatfoKed by the
poii ies hoed i c3rc'in. Notes thst<anding <ar4y reMweme rT terra, or conditi0n of any contract or other doceinent with
rmio f;t to which this certiflcare of it survive rraaay be i ssi.ied or may pertairl, Me insurance afforded by the policies
clewyawd h e l.k is s`LAnect to ail the terns. exclusions and conditions caf s4ar;h policies.
�j
AI) I t- t>'i /1 r) M >>M "'J N
fr 1 s /I
I'M .` ;ILFN
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