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HomeMy WebLinkAbout1994-03-22 - AGENDA REPORTS - EMERGENCY CONTR CITY HALL PROJ (2)CONSENT CALENDAR DATE: March 22, 1994 AGENDA REPORT Citynager Approval Item to be presented by: Anthony J. Nisich 1n SUBJECT: RATIFICATION OF EMERGENCY CONSULTANT SERVICES CONTRACTS FOR THE CITY HALL RESTORATION PROJECT DEPARTMENT: Community Development BACKGROUND After the January 17th earthquake, emergency restoration work began on the damaged City Hall facility. In the course of the initial phase of this work, structural damage was discovered. On January 23, 1994, City staff decided that the services of a licensed structural engineer were required to Inspect this damage and provide structural analysis and recommendations for repairs to the structural frame. Mr. Melvyn Green, upon request by staff, provided these services under an emergency purchase order (Attachment #1). On February 2, 1994, prior to the commencement of emergency structural repairs, It was determined by staff that the selection of an outside deputy inspector, who was not affiliated with the building contractor (Intertex), or its subcontractors, was a better way to ensure quality control in the steel restoration work. Earth Systems Consultants was contacted, and they provided their services under an emergency purchase order (Attachment #2). Emergency contracts have been subsequently developed for the services being provided by these consultants. RECOMMENDATION Staff recommends that the Council vote to ratify the contract with Melvyn Green and Associates, Inc. under State Emergency Procedures as approved by the City Engineer and City Attorney (Attachment 3). Staff recommends that the Council vote to ratify the contract with Earth Systems Consultants under State Emergency Procedures as approved by the City Engineer and City Attorney (Attachment 4). ATTACHMENTS Attachment 1: Melvyn Green - P.O. No. E0046 Attachment 3: Melvyn Green Contract - Project No. 9405 APPROVED Attachment 2: Earth Systems Consultants - P.O. No. E0099 Attachment 4: Earth Systems Contract - Project No. 9406 (All of the above, available in the City Clerk's reading fij JD:hds Agenda item- coumlfve[iB.id kIC+ ffaf taCariia23VBlvd., Suite 300SanCA 91355(8059 FAX (805) 259,8125 1 Purchase Hequisman IrooZ�z oos S=EA FRSE FOR INSTRUCTION , 6MNEMS'UPPUES UNJAfT6 (816) 311-2381, (6161j 321-as72 v Name r S h i p To: City of Santa Clarita 25663 W. Ave. Stanford Santa Clarita, CA 91355 Address Vendor P.O.Box Department: (Please use Ballpoint Pen) City State Account Charoed: `7n7 — % Zip Phone # Re uested By: -Date: %i ;Vendor Contact: Batch #:. Date Required: - PR #1. Vendor 1 #: Quantity�! Price Una Measure Extended Price C �'!��� �✓ S �� �Description �.'Y � i'i' � F >'�'.� �' the i NJ6 0 0 ; I FREIGHT QUOTE Name., Phone: Contac:: Total Price 1 / QUOTE Name:. Ph e: Cd act: yo P, / QUOTE Name: Phone: Contact: Total Price: Sub -total Tax t TOTAL c� >exnmer...5;.vro+a� b PurU,asl oos S=EA FRSE FOR INSTRUCTION , 6MNEMS'UPPUES UNJAfT6 (816) 311-2381, (6161j 321-as72 Purchase Requisition 1) 259-8125 (1 ,91, a.m .1M 1LL95WA. 151813' M Address Ship TO: City di Santa Clarita 25663 W. Ave. Stanford Santa Clarita, CA 91355 ✓� P.O.Box De artment: ,ease use Jallpoint Pen) C' State Account Charged: U Zip Phone # Re uested B : Frev v t l (C Date: Vendor Contact: Batch #: Date Required: PR #:Unit Vendor M: Quantity Description Price Measure Extended Price yrr FREIGHT QUOTE Name: Phone: Contact: Total Price QUOTE Name: Phone: Contact: Total Price: QUOTE Name: Phone: Contact: Total Price:' Subtotal Tax TOTAL p cnpP�Q a _ (1 ,91, a.m .1M 1LL95WA. 151813' M •' City of Santa Clarita * 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 (805) 259.2489 FAX (805) 259-8125 Purchase Requisition C) TI / Named Ship To City of Santa Clarita 25663 W. Ave. Stanford Address 02 / i f . ,4VE• . Santa Clarita, CA 91355 Vendor Mment: P.O. Box De (Please use C' F' km L� Sate Account Char ed: /� b (/�� L `l- �// Ballpoint Pen) jJ/5/G�p UE�✓ N Y»GC GL Z Phone !� f�S % 508 Re uested BY: Vendor I Batch_ p; Date :. Required: Vendor PR 8: i a: Date: Contact: Quantity Description Price measure i Extended Price I /cam ,ems. s n rt w n x M M FREIGHT rt r N QUOTE QUOTE QUOTE Name: Sub -total Name: Name: Phone: Phone: Phone: Contact: Contact: Contact: Tax Total Price: Total Price: Total Price: TOTAL ep�tt�9{tt Pyr Purenasirg npplw8l (/ CONTRACT CITY HALL FACILITY PROJECT NO. 94-05 ENGINEERING AND CONTRACT SUPERVISOR EMERGENCY SEISMIC REPAIRS This Contract is made and entered into for the above -stated project this 28th day of January 1994, by and between the City of Santa Clarita, as AGENCY, and MELVYN GREEN AND ASSOCIATES, INC., as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows: ARTICLE I The AGENCY faces an emergency situation based upon earthquake damage, which was suffered by the City Hall as a result of the earthquake which occurred on January 17, 1994, together with the following aftershocks. The City Manager declared a State of Local Emergency pursuant to the provisions of Section 8558 California Government Code and Chapter 2.40 Santa Clarita Municipal Code. Said damage to the City Hall resulted in a threat to public safety and prevented the safe use of the City Hall without accomplishment of urgent repairs. The repairs are necessary to permit the continued conduct of the operation and services of the City and to avoid danger to life or property. Based upon the foregoing, this contract is entered into without observation of the requirements of the California Public Contract Code Section 22035. The CONTRACTOR has submitted a bid to accomplish the urgent repairs to enable AGENCY personnel to carry out basic functions of City government. Because of the urgent need to accomplish these repairs, the City Manager (Director of Emergency Services) Is authorized to enter into this contract at the earliest opportunity. ARTICLE II That contract documents for the aforesaid project shall consist of the Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all reference specifications, details, standard drawings, special drawings and appendices; together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to Insure Its completion In an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE III For and in consideration of the payments and agreements to be made and performed by AGENCY, , CONTRACTOR agrees to furnish all materials and perform all work required for the above -stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. CITY HALL FACILITY PROJECT NO. 94-05 ENGINEERING AND CONTRACT SUPERVISOR EMERGENCY SEISMIC REPAIRS Page 2 ARTICLE IV CONTRACTOR agrees to receive and accept the prices set forth In the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during Its progress or prior to its acceptance include those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contact documents; and also Including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered In the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE V AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE VI CONTRACTOR acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for worker's compensation, orto undertake self-insurance in accordance with the provisions of that Code, and certifies compliance with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. ARTICLE VII CONTRACTOR agrees to Indemnify, defend and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action, Including related expenses, attorney's fees, and costs, based on, arising out of, or In any way related to the work undertaken by CONTRACTOR hereunder. ARTICLE VIII CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter In execution of this Contract represent all Individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein. IN WITNESS WHEREOF the parties hereto form themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract to be executed in triplicate by setting hereunto their names, titles, hands and seals this day of 1994. CITY HALL FACILITY PROJECT NO. 94-05 ENGINEERING AND CONTRACT SUPERVISOR EMERGENCY SEISMIC REPAIRS Page 3 CONTRACTOR: Contractor's License No. Class Agency's Business License No. Federal Tax Identification No. Subscribed and sworn to this day of 1994. NOTARY PUBLIC: AGENCY: Mayor of the City of Santa Clarita Attest: City Clerk of the City of Santa Clarita Approved as to Form: Date City Attorney of the City of Santa Clarita Date JD:hds ... n.jP fif.jd MAR 11 '94 13:57 MELVYN GREEN & ASSOC Attachment 3 Tel (310) 792 9252 fax (310) 792 8092 January 23, 1994 Revised March 10, 1994 W. Anthony J. Nisieh City Engineer City of Santa Clarita 23920 Valencia Boulevard Santa Clerita, CA 91355 Rc. Earthquake Damage Inspection/Rehabilitation Santa Clarim. City Hall Dear Mr. Nisich: This letter will serve as our proposal to provide emergency structural engineering services for the City of Santa Clanta for the inspection and rehabilitation of the City Hall structure. Per our discussion we will assist by performing the following tasks: 1. Imrestigation - We will inspect the building in the field and note the structural damage. We will assist in coordinating testing laboratory services as necessary for Inspection of the welds. 2. Repair Options - We will assist in reviewing the various repair options by performing structural analysis of the remaining structural components, those undamaged; develop repair methods and options. Basically this task involves tho repair of the steel structure. 3. Construction Documents - We will itrod: with the contractor tp provide drawings and sketches provided by as or the steel detailer. Each of these options will be based on the idea that it is the iruem of the city to repair the building. In addition to these tasks we will determine how the structure can be upgraded to meet the requirements for an essential structure. To accomplish this we will perform design studies on various methods of upgrading. Once it Is determined that upgrade is possible we will weak with the contractor in a manner described above. To accomplish these tasks we require the City's assistance in access to damaged areas and areas requiring inspection and retrofit. Our fees for this service will be based on our state approved rates. This will be direct salary, overhead of 174% and a 100/a profit These rates were assigned us in a audit conducted for CalTrens for stats and federally funded work. While the exact amount of time cannot be determined, I would expect that our maximum fees would be less than 525,000. Any out of pocket expenses are invoiced at cost plus 10°/a Melvyn Green & Associates Inc 21307 Hawthorne Boulevard Suite 250 Torrance California 90503 308 North Curry Street Suite 205 Carson City Nevada 89703 Tei(702)8837867 Fax(702)8837398 5rrucrural Engineers • Seismic Rehabilitation . Architectural Preservation • Materials Conwrvarlon P. 2/d MAR 11 '94 1357 MELVYN GREEN & ASSOC Mr. Anrhorry J. ITalch March 10, 1994 Page 1 Per your direction we have begun work on ttu project If these are any questions please feel free to call me. Yours truly, 5tructwal Hngineer P.3/3 CONTRACT CITY HALL FACILITY PROJECT NO. 94-06 ENGINEERING AND CONTRACT SUPERVISOR EMERGENCY SEISMIC REPAIRS This Contract Is made and entered into for the above -stated project this 28th day of January 1994, by and between the City of Santa Clarita, as AGENCY, and EARTH SYSTEMS CONSULTANTS, as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows: ARTICLE I The AGENCY faces an emergency situation based upon earthquake damage, which was suffered by the City Hall as a result of the earthquake which occurred on January 17, 1994, together with the following aftershocks. The City Manager declared a State of Local Emergency pursuant to the provisions of Section 8558 California Government Code and Chapter 2.40 Santa Clarita Municipal Code. Said damage to the City Hall resulted in a threat to public safety and prevented the safe use of the City Hall without accomplishment of urgent repairs. The repairs are necessary to permit the continued conduct of the operation and services of the City and to avoid danger to life or property. Based upon the foregoing, this contract Is entered into without observation of the requirements of the California Public Contract Code Section 22035. The CONTRACTOR has submitted a bid to accomplish the urgent repairs to enable AGENCY personnel to carry out basic functions of City government. Because of the urgent need to accomplish these repairs, the City Manager (Director of Emergency Services) is authorized to enter Into this contract at the earliest opportunity. ARTICLE II That contract documents for the aforesaid project shall consist of the Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all reference specifications, details, standard drawings, special drawings and appendices; together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to Insure Its completion In an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE III For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above -stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. CITY HALL FACILITY PROJECT NO. 94.06 ENGINEERING AND CONTRACT SUPERVISOR EMERGENCY SEISMIC REPAIRS Page 2 ARTICLE IV CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during Its progress or prior to its acceptance include those for well and faithfully completing the work and the whole thereof In the manner and time specified in the aforesaid contact documents; and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE V AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE VI CONTRACTOR acknowledges the provision of the State Labor Code requiring 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 certifies compliance with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. ARTICLE VII CONTRACTOR agrees to Indemnify, defend and hold harmless AGENCY and all of Its officers and agents from any claims, demands, or causes of action, Including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. ARTICLE VIII CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein. IN WITNESS WHEREOF the parties hereto form themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract to be executed In triplicate by setting hereunto their names, titles, hands and seals this day of 1994. CITY HALL FACILITY PROJECT NO. 94-06 ENGINEERING AND CONTRACT SUPERVISOR EMERGENCY SEISMIC REPAIRS Page 3 CONTRACTOR: Contractor's License No. Agency's Business License No. Federal Tax Identification No. Subscribed and sworn to this NOTARY PUBLIC: AGENCY: Attest: Class day of Mayor of the City of Santa Clarita City Clerk of the City of Santa Clarita Approved as to Form: City Attorney of the City of Santa Clarita JD:hds coundfi"fi.jd Date Date 1994. 0 Earth Systems Consultants Southern California March 7, 1994 City of Santa Clarita 21444 Golden Triangle Road Santa Clarita, California 91350 Attention: Mr. Jim Daurgherty Attachment 4 1024 West Avenue M-4 Palmdale, CA 93551 (805)948-7538 FAX (805) 948-7963 ST -4434-1-01 Reference: Confirming Proposal for Special Inspection and Distressed Structure Observation Services Santa Clarita City Hall Building Valencia Boulevard Santa Clarita, California In response to your request we are pleased to present this confirming proposal of our estimated fees to provide special inspection and distressed structure observation services for the above referenced project. We have been involved in the project for approximately four weeks at this time and have provided non-destructive testing services and structural steel welding observations of the distressed welds on the steel framing of the structure. The structure was distressed during the recent Northridge earthquake. We have now proceeded from the preliminary evaluation phase of the project into the repair phase of the structure. It now appears the repairs will take an extended period of time. We have been working extended hours and six to seven days a week on the project up till now. As the volume of our work is now known, we would like to revise our original proposal presented to you for use on the project on February 1, 1994. Our included scope of services is to provide non-destructive testing and special inspection services during the repair of the structure. Our tests, observations, and reports are intended to assist the owner, engineer, and building official in their evaluation of the acceptability of the designated repairs. This proposal is based upon our discussions with Mr. Jeff Tackett with Intertex, Mr. Jack Webber of Rig It Co., and on our experience with structures of similar type. Copyright, Earth Systems Consultants Southern California, 1994 All Rights Reserved March 7, 1994 2 ST -4434-1-01 We propose to staff this project with qualified testing and inspection personnel in a cost effective manner and on a production schedule which will best meet our clients needs and time schedule. All services will be provided on a Time and Materials basis per our current Fee Schedule. Actual total fees will be dependent upon the requested services and length of time the project extends. We have based these estimated fees for testing and inspection services on the following parameters. Six weeks of current staff levels to continue with welding repairs and documentation and complete the reporting of the documentation of the distressed condition. We estimate this current level of service will be approximately $11,000.00 per week. This includes two visual welding inspectors, one non destructive testing technician and one project manager. Inspection and testing report preparation and Project Management/ Coordination/Supervision are included in the above listed fees. If these parameters do not meet your needs, please contact us so we can revise this proposal. The proposed services are to be provided on a "Time and Materials" basis per our current fee schedule. Based upon the outlined scope of services, our fees for the services presented will be approximately $66,000.00 total. A spreadsheet is attached which presents an estimate for these fees. The fees presented in this proposal do not include any retests, reinspections, consultation/field discussions (other than those included in the proposed scope of services), pre -job meetings, or calls to the site where no productive testing was accomplished. Terms This proposal may be considered valid for ninety days at which time if it is not fully executed, we reserve the right to modify our proposal in both scope and fee. D Earth Systems Consultants, 1994 EARTH SYSTEMS CONSULTANTS March 7, 1994 3 ST -4434-1_01 The Terms attached herewith are incorporated hereinto and made a part of this agreement. Client agrees to limit the liability of consultant in accordance with Section 12 of the Terms attached herewith. The Client is responsible for contacting Earth Systems Consultants when services are required. Earth Systems Consultants will request, and expect, Client cooperation in providing suitable and safe access to the designated work area and security while working in the area. If requested, Earth Systems Consultants will provide suitable and safe access however this will be considered a change in scope to this proposal and the costs negotiated. Earth Systems Consultants personnel will not supervise. the contractors work in any way. Our presence or absence on the project in no way relieves the contractor of his responsibility to provide a completed project in compliance with the project specifications. Earth Systems Consultants is responsible solely for it's own and it's employees' activities on the job site, but this shall not be construed to relieve the Owner or any construction contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of Earth Systems Consultants, nor the presence of Earth Systems Consultants or it's employees and subcontractors, shall be construed to imply Earth Systems Consultants has any responsibility for methods of work performance, supervision of work, sequencing of construction, or safety in, on or about the job site. The Client agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. Earth Systems Consultants shall be made an additional insured under the General Contractor's general liability insurance policy. The Client takes responsibility for scheduling of our services. Client is responsible for monitoring the requests for services. The Client recognizes that the efficiency with which our services are utilized will have a significant effect upon the costs for testing and inspection. © Earth Systems Consultants, 1994 EARTH SYSTEMS CONSULTANTS March 7, 1994 4 ST -4434-1-01 Invoices will be submitted at completion or at approximately two (2) week intervals and are due and payable upon presentation. After thirty (30) days a service charge on the unpaid balance will be added. The services set forth in this proposal include written reports issued at completion. Interim reports may be submitted when necessary to substantiate periodic invoicing. Consultant agrees to strive to perform its services, which are intended solely for the use of the Client, in a proper and professional manner in accordance with current standards of engineering practices in the community, and Client agrees to pay for and look to Consultant only for such performances. The scope of our services does not include any environmental assessment or investigation for the presence or absence of wetlands, hazardous or toxic materials in the soil, surface water, groundwater, or air, on or below or around the site. Cancellation of this agreement by Client must be in writing. Client agrees to pay for all services and materials provided up to time of cancellation in accordance with Section 11 of the Terms attached herewith. The retaining of our firm to provide the above listed services will be authorized by the issuance of a purchase order referencing this proposal or by signing and returning one copy of this proposal. This document, the data, conclusions, and recommendations contained herein are the property of Earth Systems Consultants Southern California. The proposal shall be used in its entirety, with no individual sections reproduced or used out of context. Copies may be made only by this firm, the client, and his authorized agents for use exclusively on the subject project. Any other use is subject to federal copyright laws and the written approval of Earth Systems Consultants Southern California. © Earth Systems Consultants, 1994 EARTH SYSTEMS CONSULTANTS March 7, 1994 5 ST -4434-1-01 We appreciate the opportunity to provide this proposal for this project. Please contact the undersigned if you have questions regarding this proposal. Respectfully submitted, Earth Systems Consultants South rn Calif is Norman R. Engen Vice President AGREED TO AND ACCEPTED: City of Santa Clarita By: Signature Print Name Date cc: 2 - City of Santa Clarita (Mr. Jim Daurgherty) © Earth Systems Consultants, 1994 EARTH SYSTEMS CONSULTANTS Title Santa Clarita City Hall Building Earthquake Repair Staff Straight Time Over Time Double Time ST DT Rate Total/Wk Classification Hours/Wk Hours/Wk Hours/Wk F$79.50 Forensic and Re air Phases -- WeldingInspector 40 20 $53$106.00 $3,710.00 Weldin Ins actor Welding Inspector NDE Technician 40 30 10 20 $53. $53.00 $75.00 $79.50 $112.50 $106.00 $106.00 $150.00 $3,710.00 $1,590.00 $750.00 Project Manager Travel Milea e 14 2 Trips at $80.00 $36.00 $95.00 per tri $110.00 $1,120.00 $72.00 Reports 1 Report at $50.00 per week $50.00 Weekl Total $11,002.00 Project Total Weeks of Repairs 6 at $11,002.00 per week $66,012.00 Project Total $66,012.00 Page 1 SECTION 1: THE AGREEMENT 1.1 The agreement between the parties consists of these terms, the attached proposal and any exhibits or attachments noted in the proposal. Together these elements will constitute the entire agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. 1.2 If the Client is a corporation or public entity, the individual or individuals who sign this agreement on behalf of the Client warrant that they are duly authorized agents of the Client and guarantee that the Client will perform its duties under this agreement. The client binds himself, his partners, successors, executors, administrators and assigns to this agreement in respect to all its terms and conditions. SECTION 2: 2.1 The client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by Earth Systems Consultants Southern California will be based solely on information available to Earth Systems Consultants Southern California. Earth Systems Consultants Southern California is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. 2.2 Services performed by Earth Systems Consultants Southern California under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of this profession currently practicing under similar conditions and in the same locality of the project. No warranty, expressed or implied, is made. SECTION 3: 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for Earth Systems Consultants Southern California to perform the work set forth in this agreement. Client will grant or obtain permission for Earth Systems Consultants Southern California personnel to photograph the site. The client will notify any and all possessors of the project site that client has granted Earth Systems Consultants Southern California free access to the site. Earth Systems Consultants Southern California will take reasonable precautions to minimize damage to the site, but it is understood by client that, in the normal course of work, some damage may occur and the correction of such damage is not pan of this agreement unless so specified in the proposal. 3.2 The client is responsible for the accuracy of locations for all subterranean structures and utilities. Earth Systems Consultants Southern California will take reasonable precautions to avoid known subterranean structures, and the client waives any claim against Earth Systems Consultants Southern California, and agrees to defend, indemnify, and hold Earth Systems Consultants Southern California harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located In addition, client agrees to compensate Earth Systems Consultants Southern California for any time spent or expenses incurred by Earth Systems Consultants Southern California in defense of any such claim with compensation to be based upon Earth Systems Consultants Southern California's prevailing fee schedule and expense reimbursement policy. SECTION 4: COOPERATION AND PROJECT UNDERSTANDING 4.1 Client will make available to Earth Systems Consultants Southern California all information regarding existing and proposed conditions of the site. The information shall include, but not be limited to plot plans, topographic surveys, hydrographic data, and previous soil data including borings, field and laboratory tests and written reports. Client will immediately transmit to Earth Systems Consultants Southern California any new information which becomes available or any change in plans. 4.2 Client agrees to provide a representative at the job site to supervise and coordinate the job when required by the Earth Systems Consultants Southern California and upon 24 hours notice. Earth Systems Consultants Southern California shall not be liable for any incorrect advice, judgement or decision based on any inaccurate information furnished by client, and client will indemnify Earth Systems Consultants Southern California against claims, demands, or liability arising out of or contributed to by such information. SECTION 5: 5.1 Earth Systems Consultants Southern California will dispose of all remaining soil and rock samples at the time Of report completion. Further storage or transfer of samples can be made at client's expense upon client's prior written request 5.2 Contaminated drill cuttings, sample spoils, and wash water may be produced as a result of encountering Terms for Services 09-09-93 Earth Systems Consultants Southern California hazardous materials at the site. Such materials will be properly contained, labeled, and stored on-site by Earth Systems Consultants Southern California. It is the client's responsibility for the proper transportation and disposal of such hazardous materials. Earth Systems Consultants Southern California can arrange for the transportation and disposal of hazardous materials at the client's request. SECTION 6: 6.1 If Earth Systems Consultants Southern California is retained by the client to provide a site representative for the purpose of monitoring specific portions of the construction work as set forth in the proposal then this section applies. For the specified assignment, Earth Systems Consultants Southern California will report observations and professional opinions to the client No action of Earth Systems Consultants Southern California or Earth Systems Consultants Southern California's site representative can be construed as altering any agreement between the client and others. Earth Systems Consultants Southern California will report any observed work to the client which, in Earth Systems Consultants Southern California's professional opinion, does not conform with plans and specifications. Earth Systems Consultants Southern California has no right to reject or stop work of any agent of the client. Such rights are reserved solely for the client. Furthermore, Earth Systems Consultants Southern California's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by the client to provide construction related services. 6.2 Neither the professional activities of Earth Systems Consultants Southern California, nor the presence of Earth Systems Consultants Southern California or his employees and subcontractors, shall be construed to imply Earth Systems Consultants Southern California has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the job site. Client agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. This requirement shall be made to apply continuously and not be limited to normal working hours. Client also warrants that Earth Systems Consultants Southern California shall bC mgde gp addj(iongl insured under the General Contractor's general liability insurance policy. 6.3 In the event Earth Systems Consultants Southern California expressly assumes health and safety responsibilities for toxic or other concerns specified, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other health and safety requirements, such as but not limited to those relating to excavating, trenching, drilling or backfilling. Terms for Services SECTION 7: 7.1 Client will pay Earth Systems Consultants Southern California the lump sum amount indicated in the proposal or, if no lump sum amount is indicated, in accordance with the schedule of personnel and equipment charges, as shown in the proposal and its attachments. Backup data on billing will not be available unless prior arrangements have been made. Prior to initiation of field work, a retainer as specified in the proposal, is required. Invoices for the balance will be submitted to client by Earth Systems Consultants Southern California, and will be duo and payable upon presentation. If client objects to all or any portion of any invoice, client will so notify Earth Systems Consultants Southern California in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately [Hake every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. 7.2 Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. Client will pay an additional charge of 11/2 (1.5) percent per month (or the maximum percentage allowed by law,whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of client. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the client to Earth Systems Consultants Southern California per Earth Systems Consultants Southern California's current fee schedule. In the event client fails to pay Earth Systems Consultants Southern California within sixty (60) days after invoices are rendered, client agrees that Earth Systems Consultants Southern California will have the right to consider the failure to pay Earth Systems Consultants Southern California's invoice as a breach of this agreement. (See Section 11, Termination.) 7.3 Fee schedules are periodically revised. Unless otherwise agreed, new rates apply to ongoing work as the rates are issued 7.4 If client or Earth Systems Consultants Southern California should become bankrupt or make an assignment for the benefit of creditors, Eslhh Systems Consultants Southern California, or trustee in bankruptcy, shall be paid the reasonable value of all work theretofore performed, and the obligations of all parties under the agreement shall thereupon terminate. In determining reasonable value under this paragraph the agreement price shall be deemed reasonable. EARTH SYSTEMS CONSULTANTS 09-09-93 Earth Systems Consultants Southern California 8.1 All reports, boring logs, field data, field totes, laboratory test data, calculations, estimates, and other documents prepared by Earth Systems Consultants Southern California as instruments of service, shall remain the property of Earth Systems Consultants Southern California. 8.2 Client agrees that all reports and other work furnished to the client or his agents, which is not paid for, will be returned upon demand and will not be used by the client or others for any purpose whatsoever. 8.3 Earth Systems Consultants Southern California will retain all pertinent records relating to the services performed for a period not exceeding three years following submission of the report, during which period the records will be made available to the client at all reasonable times. SECTION 9: CI.IFNT CHANGES 9.1 In the event any changes are made in theplans and specifications by the client or persons other than Earth Systems Consultants Southern California, client agrees to hold Earth Systems Consultants Southern California harmless from any liability arising out of such changes and the client assumes full responsibility unless the client has given Earth Systems Consultants Southern California prior notice and has received Earth Systems Consultants Southern California's written consent for such changes. SECTION 10: 10.1 Earth Systems Consultants Southern California and its agents, staff and consultants employed by it are protected by worker's compensation insurance and maintains coverage under public liability and property damage insurance policies which Earth Systems Consultants Southern California deems to be adequate. Certificates for all such policies of insurance shall be provided to client upon request in writing. Earth Systems Consultants Southern California shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. Earth Systems Consultants Southern California shall not be responsible for any loss,. damage, or liability arising from any acts by client, its agents, staff, and other consultants employed by it. SECTION 11: 11.1 This agreement may be terminated by either party upon written notification, or seven (7) days after written notice in the event of nonpayment (see Section 7), any breach of any provision of this agreement, in the event of substantial failure of performance by the other party, or if the client suspends the work for more than three (3) months. In the event of termination, Earth Systems Consultants Southern California will be paid for services Tema for Smices performed prior to the date of termination plus reasonable termination expenses, including the cost of completing analyses, records and report necessary to document job status at the time of termination. SECTION 12: RISK A ..O ATION 12.1 There are a variety of risks which potentially affect Earth Systems Consultants Southern California by virtue of entering into an agreement to perform professional engineering services on the client's behalf. In order for the client to obtain the benefit of a fee which includes a lesser allowance for dealing with Earth Systems Consultants Southern California's risks, the client agrees to limit Earth Systems Consultants Southern California's liability to the client and to all other parties for claims arising out of Earth Systems Consultants Southern Califomia's performance of the services described in this agreement. The total aggregate liability of Earth Systems Consultants Southern California will not exceed $50,000 for negligent professional acts, errors or omissions, and the client agrees to indemnify Earth Systems Consultants Southern California for all liabilities in excess of the monetary limits established above. 12.2 Client agrees that in no instance shall Earth Systems Consultants Southern California be responsible, in total or in part, for the errors or omissions of any other Design Professional, Contractor, Subcontractor or any other party. Client also agrees that Earth Systems Consultants Southern California shall not be responsible for the means, methods, procedures, performance or safety of the construction contractors or subcontractors or for their errors or omissions. SECTION 13: DISCOVERY OF UNANTICIPATED HAZARDOUS MATLRIAI.S 13.1 Client warrants that a reasonable effort to inform Earth Systems Consultants Southern California of known or suspected hazardous materials on or near the project site has been made. 13.2 Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Earth Systems Consultants Southern California and chem agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a re- negotiation of the scope of work or termination of services. The client recognizes that the discovery of hazardous materials may necessitate immediate protective measures to safeguard the public health and safety and agrees to compensate Earth Systems Consultants Southern California for measures that in our professional opinion are justified to preserve and protect the health and safety of site personnel and the public. 13.3 Earth Systems Consultants Southern California agrees to notify client as soon as practically possible should EARTH SYSTEMS CONSULTANTS 09-09-93 Earth Systems Consultants Southern California hazardous materials be encountered at the site that pose a threat to human health, safety and the environment. Client agrees that the discovery of hazardous materials at the site must legally be reported to the proper authorities as required by Federal, State, and local regulations. Client agrees to make the required report at the recommendation of Earth Systems Consultants Southern California or, if unable to do so, authorizes Earth Systems Consultants Southern California to make this report. Client also agrees to inform the property owner in the event that hazardous materials are encountered at the site. 13.4 Notwithstanding any other provision of the agreement, client waives any claim against Earth Systems Consultants Southern California, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Earth Systems Consultants Southern California harmless from any claim, liability, and/or defense costs for injury or loss arising from Earth Systems Consultants Southern California's discovery of unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by Earth Systems Consultants Southern California which are found to be contaminated. SECTION 14: 14.1 The client recognizes that it is impossible for Earth Systems Consultants Southern California to know the exact composition of a site's subsurface even after conducting a comprehensive exploratory program. As a result, there is a risk that drilling and sampling may result in contamination of certain subsurface areas, as, when a boring passes through a contaminated zone, connecting it to one or more aquifers not previously contaminated and capable of spreading contamination. 14.2 Although Earth Systems Consultants Southern California will take all reasonable precautions to avoid such an occurrence, client waives any claim against, and agrees to defend, indemnify and save Earth Systems Consultants Southern California harmless from any claim or liability for injury or loss which may arise as a result of cross - contamination caused by drilling, sampling, omonitoring well installation. Client also agrees to adequately compensate Earth Systems Consultants Southern California for any time spent and expenses incurred in defense of any such claim. Tams for Smites SECTION IS: 15.1 All claims, disputes, and other matters in controversy between Earth Systems Consultants Southern California and client arising out of or in any way related to this agreement will be submitted to "Alternative Dispute Resolution" (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If and to the extent client and Earth Systems Consultants Southern California have agreed on methods for resolving such disputes, thea such methods will beset forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated and made a part of this agreement. 15.2 :If a dispute at law related to the services provided under this agreement arises and that dispute requires litigation instead of ADR as provided above, then: (1) the claim will be brought and tried in judicial jurisdiction of the court of the county where Earth Systems Consultants Southern California's principal place of business is located and client waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. SECTION 16: ASSIGNS 16.1 Neither the client nor Earth Systems Consultants Southern California may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. 16.2 The contractual agreement between the client and Earth Systems Consultants Southern California shall pertain only to the benefit of the parties hereto, and no third parry shall have any rights hereunder. SECTION 17: GOVERNING LAW AND St1RVIVAL 17.1 The law of the State of California will govern the validity of these tams, their hampreration and performance. 17.2 If any of the provisions contained in this agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this agreement for any cause. EARTH SYSTEMS CONSULTANTS 09-09-93 Q A C L SUPPLEMENT TO TERMS FOR MATERIALS TESTING AGREEMENTS Responsibilities of EARTH SYSTEMS CONSULTANTS and the Contractor The presence of our field representative would be for the purpose of providing observation and field testing. Our work would not include supervision or direction of the actual work of the contractor, his employees or agents.. The contractor for this project should be so advised. The contractor should also be informed that neither the presence of our field representative nor the observation and testing by our firm shall excuse him in any way from defects discovered in his work. It is understood that our firm would not be responsible for job site safety on this project. Job and site safety shall be the sole responsibility of the contractor. Meaning of "Observation" As used herein, the term 'observation" implies only that we would observe the progress of the work we have agreed to be involved with, and perform tests, from which to develop an opinion as to whether the work essentially complies with the job requirements. Degree of Certainty of Compliance With any manufactured product, there are statistical variations in its uniformity, and in the accuracy of tests used to measure its qualities. As compared with other manufactured products, field construction usually has wider fluctuations in both product and test results. Thus even with very careful observation and testing. it cannot be said that all parts of the project comply with the job requirements. Therefore, our proposal to observe and test the work for compliance means only that we would perform our services in such a manner as to have reasonable certainty is much greater with full-time observation than it is with intermittent observation. Accuracy of Test Locations and Elevations For tests taken in-situ, their location and elevation would be determined in accordance with their importance and the accuracy and proximity of provided survey control. Unless otherwise noted, the accuracy of locations and elevations should be implied to be commensurate only with pacing and sighting methods. Utilities and Streets Testing services only are provided by EARTH SYSTEMS CONSULTANTS, on utilities and streets. This proposal does not include observations during placement of utilities, trench backfill, compaction operations or related services. Daily hand written field reports will be submitted to the developer's on -project representative at the conclusion of each day observations are made if requested by client. The reports will set forth the number of relative compaction tests taken and a general comment as to progress of work. The conclusions set forth in the daily field reports are subject to possible changes after office engineering review and are submitted only to assist the developer in dealing with items of non-compliance. EARTH SYSTEMS CONSULTANTS F The developer is responsible for contacting EARTH SYSTEMS CONSULTANTS when testing services are required. EARTH SYSTEMS CONSULTANTS will test at locations and depths deemed appropriate to provide the developer with information on the relative compaction within the tested areas. Based on the results of the tests, notice of non-compliance with specification may be given to the contractor. Areas may be retested after rework, if required. The proposal is based on passing tests only for utilities and streets. Retests as necessary will be invoiced to the developer at $40.00 each in addition to the base proposal fee. We will not be responsible for invoicing retests to the subcontractors. General Relative compaction tests will be taken in accordance with ASTM D 2922 or D 1556 at locations and depths to determine in-situ compaction within fills, recompaction and trench backfill. EARTH SYSTEMS CONSULTANTS will designate those areas to be tested and will request and expect contractor cooperation in excavating the required test area or pits. The fees set forth in this proposal include written reports issued at the completion of each phase. Interim reports may be submitted when necessary to substantiate periodic invoicing. EARTH SYSTEMS CONSULTANTS •'" City of Santa Clarita 23920 Valencia Blvd., Suite 300 • Santa Clarita, CA 91355 (805) 259-2489 FAX (805) 259-8125 Purchase Requisition C) Name ✓ H`� ���`l�/�� Ship TO: City of Santa Clarita 25663 W. Ave. Stanford Santa Clarita, CA 91355 �Z T Address AE Vendor P.O. Box Department: i (Please use` Ballpoint Pen) Date: cityF Zi Vendor Contact: VA -L5 State ( Phone#�S 1573PJ Batch #: - Account Charged: ��� l Z A } Re. . d8: _ /(%51c. /`p�jE/7 /vim rnal� J' Data - Vendor #: Required: PR X:Ut Quantity Description Price Measure Extended Price Co,v 1-777'11-7- >s -777'11-T>77 i i ISI i FREIGHT QUOTE Name: Phone: Contact: Total Price: QUOTE Name: Phone: Contact: Total Price: Name: Phone: Contact: Total Price: Sub -total Tax i TOTAL c asr-/ �1 - - ,- . Purcnasirq AWmal r 111111"1 ^,�I/`��t� ante Clarita J 23ir al cia Blvd ,Suite 300 San CA 91355 (80 5) 9- 9 FAX BDS) 259 8125 eurcnase Heguismon 4ro0Z�_z i v Name % Ship To City of Santa Clarita 25663 W. Ave. Stanford Santa CMta, CA 91355 Address Yendor P.0 Box Department (Please use Ballpoint Pen) City State Account Char0ed: Zip Phone # I Requested By: Date: ' �1fi� endor Contact: Batch #:. Date Required:. PR #: Vendor #: Quantity Description Price Meast re Exlended Price 1b fflot > FREIGHT IUOTE amec 'hone: contact: i otal Price: l ( QUOTE Name: Phe: Cd act: y P / QUOTE Name: Phone: Contact: Total Price:. Sub -total Tax t TOTAL n: ng aj j I + � 6 aurchasi MG FOR INSTRUCTION I ' tmq .+si.cmi. tu,p.,. Purchase Requisition ` ,A 259-8125 - •• � � -_ -.--� • � �-.. •. n� w4urcc n,ow ,cC n\L :YiFtl MIM 1�.9MG IX1A1 [W-1Al2 Address Ship To: City CSanta Clarita 25663 W. Ave. Stanford Santa Clarita, CA 91355 Jr Sox Department: :ase use Ballpoint Pen) -P.O. CitY State Account Charged: Zip Phone It Re uested S Date: Vendor Contact: Batch M: Date Required: PR M: Vendor M: Quantity Description Price Measure Extended Price V /ro i xc FFn FREIGHT QUOTE Name: Phone: Contact: Total Price- QUOTE Name: Phone: Contact: Total Price: \ QUOTE Name: Phone: Contact: Total Price: Sub -total Tax TOTAL. - •• � � -_ -.--� • � �-.. •. n� w4urcc n,ow ,cC n\L :YiFtl MIM 1�.9MG IX1A1 [W-1Al2 MAR 11 '94 13-57 hELVYN GRLLN & ASSOC Tel (310) 792 9252 Fax (310) 792 8092 January 23, 1994 Revised March 10, 1994 Mr. Anthony J. Nisch City Engineer City of Santa Clarita 23920 Valencia Boulevard Santa Narita, CA 91353 Re_ Earthquake Damage Inspcetlon/Rehabilitation Santa Clarita City IW Dear Mr. Nisieh: This letter will serve as our proposal to provide emergency structural engineering services for the City of Santa Clarita for the inspection and rehabilitation of the City Mall stmolure, Per our discassiou we will assist by performing the following tasks: 1. Investigation - We will inspect the building in the field and note the strirca ral damage. We will assist in coordinating testing laboratory services as necessary for inspection of the welds. 2. Repair Options - We will assist in reviewing the various repair options by performing structural analysis of the remaining structural components, those undamaged. develop repair methods and options. Basically this task involves the repair of the steel structure. 3. Construction Documents - We will trod: with the contractor tp provide drawings and sketches provided by us or the steel detailer. Each of these options will be based on the idea that it Is the intent of the city to repair the building. In addition to these tasks we will determine how the structure can be upgraded to meet the requirements for an essential structure. To accomplish this we will perform design studies on various methods of upgrading. Once it is determined that upgrade is possible we will work with the contractor in a manner described above. To accomplish these tasks we require the City's assistance in access to damaged area and areae requiring inspection and retrofit. Our fees for this service will be based on our state approved rates. This wr71 be direct salary. overhead of 1740/. and a 10%profit Them rates were assigned as in a audit conducted for CaMans for crate and federally t)tnded work. While the exact amount of time -nano- be determined, I would expect that our maximum fees would be less than $25.000. Any Out of po&a expenses are invoiced at cost plus 10°/a. Melvyn Green A Associates the 21307 Hawthorne Boulevard Suite 250 Torrance California 90503 308 North Curry Street Suite 205 Carson City Nevada 89703 Tel (702) 883 7867 Fax (702) 883 7398 Structural fnglneerx • Seismic Rehabilitation • Architectural Preservation - Materials COASCNatlon P. 2/d f"M 11 194 1357 MELVYN GREUi & PSSOC Mr. Anthony L ITudch Match 10, 1994 Page 2 Per your direction we have begun work on the project If Were aro any questions please feel flee to call me. Yours truly, ^ Structural Engineer P.3/3