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HomeMy WebLinkAbout1996-01-23 - AGENDA REPORTS - WILEYCYN GEOTECHNICAL SERVICE (2)AGENDA REPORT City Manager Approval I Ile' Item to be presented by: Robert Newman CONSENT CALENDAR DATE:. January 23, 1996 SUBJECT: WILEY CANYON ROAD GEOTECHNICAL SERVICE - PROJECT NO. 95-028 DEPARTMENT: Building and Engineering Services BACKGROUND As part of the ongoing roadway alignment study for Wiley Canyon Road between Lyons Avenue and Calgrove Boulevard, the geotechnical report for the feasibility study of alternative routes is needed. The report will include stability calculations for the slope between Kerry Robin Drive and Fourl Road, an assessment of excavation conditions along the proposed alignment of the new road, and recommendations for temporary and permanent slopes, for fill and backfill materials. As part of the City conversion to the metric system, all information presented in the report will be in both metric and English units. Staff received proposals for professional services from the following seven firms: Firm Name Location Similar Qualifications Earth Tech Irvine Yes Leighton Irvine Yes MAA Engineering Los Angeles Yes AGRA Anaheim Yes Ningo & Moore Irvine Yes GeoSoils Van Nuys No Zeiser Ming Costa Mesa Yes Based on technical qualifications and methodology for the project, AGRA is the recommended firm. Funds for this work are available in Account No. 12-5709-227. RECOMMENDATION City Council direct the Mayor to execute a contract with AGRA, not to exceed $37,000. ATTACHMENT Contract for Geotechnical Services Vicinity Map ArVflUl V1 LU Agenda MC:lkl mune] \e 95-028.. c� 4R 4 9/1" eq WILEY CANYON ROAD LYONS AVENUE TO CALGROVE BOULEVARD TOTAL LENGTH 2 MILES END PROJECT [ALTERATIVE NO I POWER LINE FOU TOWERS (' CANYON ! �� DEBRIS PL -y w `\ BASIN ` NO Lo -ALTERATIVE NO 2 > Z w aw 00� o 'a WILEY � a a N z Q F O � u J O � V PROJECT BEGIN WILEY CANYON ROAD LYONS AVENUE TO CALGROVE BOULEVARD TOTAL LENGTH 2 MILES END PROJECT [ALTERATIVE NO I POWER LINE FOU TOWERS (' CANYON ! �� DEBRIS PL -y w `\ BASIN ` NO Lo -ALTERATIVE NO 2 CITY OF SANTA CLARITA BUILDING AND ENGINEERING SERVICES DEPARTMENT 23920 VALENCIA BOULEVARD, SUITE 300 SANTA CLARITA, CALIFORNIA 91355 CONTRACT FOR GEOTECHNICAL SERVICES AGREEMENT NO. 1 This Agreement is entered into this day of , 1996, by and between the City of Santa Clarita, a municipal corporation of the State of California, hereinafter "City," and AGRA, hereinafter "Contractor." WHEREAS, City intends to design Project No, 95-028, Wiley Canyon Road; and WHEREAS, City requires geotechnical services which are integral to the design of this public works project; and WHEREAS, Contractor represents that it is qualified to perform such services, that it has carefully examined the work site, and that it is willing to perform the services hereinafter defined. NOW, THEREFORE, for mutual consideration as provided herein, it is agreed by and between City and Contractor as follows: A. Contractor shall provide the services described in Exhibit A, which is attached to this Agreement and incorporated herein by this reference. B. Contractor shall ensure that all work is performed by qualified personnel under the supervision of a licensed or registered Civil or Geotechnical Engineer, and that all documents submitted by Contractor shall bear the Engineer's seal and certification to that effect. C. City will compensate Contractor for services in accordance with the Terms and Conditions contained herein and in accordance with Exhibit A, which is attached to this Agreement and incorporated herein by this reference. D. This Agreement is subject to the following Terms and Conditions: Page 1 of 6 TERMS AND CONDITIONS 1. ENTIRE AGREEMENTi This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the services by the Contractor for the City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements; either orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by the party to be charged,. 2. ASSIGNMENT AGREEMENT: This Agreement is personal to Contractor, and shall not be assigned by either Contractor or City without the prior written consent of the other. 3. INDEPENDENT CONTRACTOR: It is understood and agreed that the contractor is, and at all times shall be, an independent Contractor and nothing contained herein shall be construed as making the Contractor, or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, 4. CONFLICT OF INTEREST: Contractor represents, warrants, and agrees that she/he does not presently have, nor will she/he acquire during the term of this Agreement, any interest, direct or indirect, by contract, employment; or otherwise, or as a partner, joint venture, or shareholder (other than as a shareholder one percent or less interest in publicly -traded companies) or affiliated with any business entity, or individual that has entered into any contract, subcontract, or arrangement with the City, 5. PROVISIONS SEVERABLE: City's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute the waiver of any other term, condition, or covenant, or breach of any other term, condition, or covenant. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on Contractor and City. 6. GOVERNING LAW; This Agreement shall be governed and professional services shall be performed in compliance with the law of the State of California and applicable governmental regulations, building codes, and ordinances in effect at the date of this Agreement. 7. OWNERSHIP OF DOCUMENT: Drawings, calculations, specifications, printouts, and other documents, whether in hard copy or machine readable form, are and shall remain the property of Contractor. City shall be permitted to retain reproducible copies of all such documents and following completion of the Project, the original of all such documents shall be provided to City for any use deemed appropriate by the City. City releases Contractor and agrees to defend, indemnify, and hold Contractor, its partners, employees, and consultants harmless of, from, and against claims, loss, cost damage or expense of any nature, including attorneys' fee, arising of, based upon, or relating to use of documents for purposes other than for design and/or construction of the Project(s) named in this Agreement. Page 2 of 6 8. ARBITRATION: Controversies or claims arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration conducted in Los Angeles, California in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association with consent given to the full use of discovery proceedings provided for use in civil actions in the California Code of Civil Procedure. No demand for arbitration shall be made after institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The arbitrator(s) shall not vary, modify, or alter the terms and provisions of this Agreement. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 9. INDEMNIFICATION: Contractor agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Contractor's employees, and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this Agreement, or are caused or claim to be caused by the acts or omissions of Contractor, its agents or employees, and all expenses of investigating and defending against same; providing, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligent or willful misconduct of the City, its agents or employees. This indemnification and hold harmless shall remain in effect and survive the temporary suspension or completion of the project contemplated under this Agreement. 10. EQUAL OPPORTUNITY: Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, marital status, or handicap. Contractor agrees to take affirmative action to assure that applicants are employed or retained, and that employees are treated without regard to their race, color, religion, sex, national origin, ancestry, marital status, or handicap. Such action shall include, but not be limited to, recruitment or recruitment advertising, layoff or termination, rates of pay or other reform of compensation, and selection for training. 11. WARRANTY: Contractor shall perform services in accordance with generally accepted principles and practices. Contractor shall use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. 12. INSURANCE: a. General Liability and Property Damage Insurance. During the entire term of this Agreement, Contractor agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed bylaw for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of City or Contractor, its subcontractors or any person acting for City, or Contractor or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of City, or Contractor, or its subcontractors, or any person acting for City or Contractor, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such general liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A combined single limit Page 3 of 6 policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then Contractor agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. Contractor agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to persons or property resulting from Contractor's activities, the activities of its subcontractors, or the activities of any person or persons for which Contractor is otherwise responsible. b. Worker's Compensation Insurance. Contractor shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Contractor and City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Contractor in the course of carrying out the within Agreement. c. Automotive Insurance. Contractor shall procure and maintain, at its sole expense, throughout the term of this Agreement any extension thereof public liability and property damage insurance coverage for automotive equipment with coverage limits of not less $500,000 combined single limit. All such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If Contractor does not own automobiles, Contractor shall provide a waiver releasing City from all liability resulting from Contractor's use of personal vehicles on Project. d. Professional Liability Insurance. Contractor shall maintain professional liability insurance which provides coverage for negligent professional acts, errors, or omission for which Contractor is legally liable, in the amount of $1,000,000 per claim and in aggregate which arise from the performance of professional services by Contractor under this Agreement. The policy shall provide for coverage of claims occurring during the term of the policy. e. Miscellaneous Insurance Requirement. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City's Risk Management Officer shall be submitted to City prior to execution of this Agreement on behalf of the City. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to City. In the event the said insurance is canceled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established. Page 4 of 6 If Contractor, at any time during the term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, City shall be permitted to obtain such insurance in Contractor's name and shall be compensated by Contractor for the cost of the insurance premiums upon receipt of Contractor of written notice that the premiums have been paid. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are as additional insured thereon. 13. SCHEDULING OF WORK AND COLLATERAL WORK: City will endeavor to provide 18 -hours advance notice prior to the time when work will be required to support the project. There shall be no limit on the number of visits to the project site, however, City will endeavor to schedule work in eight-hour increments in order to reduce unnecessary travel time. Upon notice to proceed with an activity; Contractor shall diligently perform work in a timely, workmanlike, and professional manner. Contractor's compensation shall include all costs related to advance notice, coordination of result of work with others, and costs necessary to minimize delays to other contractors performing collateral work on the Project. 14. PROTECTION OF PROPERTY: Contractor shall take all reasonable precautions to prevent damage to property, visible and concealed, and shall restore the site to the condition existing prior to Contractor's entry insofar as is practicable. 15. COMPENSATION: City agrees to pay Contractor for services performed pursuant to this Agreement. Contractor shall maintain and submit to City itemized records substantiating services performed including the dates, times, and description of work. When Contractor is to be compensated on an hourly rate basis, payment will be limited to work performed at the project site directly related to the work assignment, and shall be inclusive of all direct and indirect charges. When Contractor is to be compensated on a unit price basis, the quantities listed in the Agreement will not govern final payment; payment will be made only for the actual quantities provided, and shall be inclusive of all direct and indirect charges. When Contractor is to be compensated on a fixed price basis, such payment shall be full compensation for the items of work and shall be inclusive of all direct and indirect charges. Direct and indirect charges include, but are not limited to, direct salaries plus the cost for mandatory and customary benefits; premium payments for hours worked in excess of the normal daily or weekly schedule; travel and subsistence expenses; travel time; mileage expenses; communication costs including delivery charges, express mail and postage, telephone, and FAX; expenses for reproduction, binding, and delivery of technical reports; insurance; overhead; field office expenses; report preparation and submittal; and secretarial services. Invoices shall be submitted monthly for work performed, and compensation for that portion of the work which is undisputed will normally be made within 30 days upon receipt of invoice. If payment for undisputed work is not received within 30 days upon receipt by City of invoice, Contractor may suspend all work until payment is received, or terminate the unperformed portion of this Agreement. Page 5 of 6 16. ATTORNEY FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to any other relief to which that party may be entitled. 17. TERMINATION; This Agreement may be terminated with or without cause by City at any time. This Agreement may be terminated by Contractor only by providing City with written notice no less than 30 days in the advance of such termination. In the event of termination, Contractor will be compensated for services performed up to the point of termination. Compensation of work in progress will be prorated as to the percentage or progress completed at the date of termination. 18. COMPLIANCE WITH FEDERAL REGULATIONS: It is the responsibility of the Contractor to comply with all Federal overlay requirements, including equal opportunity and fair housing, affirmative marketing, environmental review, lead-based paint, lobbying, drug-free workplace, conflict of interest and procurement. In recognition of the obligation state in this Agreement, the parties have executed this Agreement on the date indicated above. ATTEST: CITY OF SANTA CLARITA City Clerk Approved as to Form: City Attorney AGRA Earth &Environmental Address: 1290 North Hancock Street P.O. Box 19079 Anaheim, CA 92817 Phone: (714) 779-2591 FAX: (714) 779-8377 By: Name/Title: Bob Dickey, Project Manager City Manager ALL SIGNATURES MUST BE WITNESSED BY NOTARY (ATTACH ACKNOWLEDGMENT). Print Name and Title MC:lkl council\ar95-028.mc Page 6 of 6 EXHIBIT "A' I. _ SCOPE OF WORK The City of Santa Clarita proposes to construct roadway improvements on Wiley Canyon Road from Lyons Avenue to Calgrove Boulevard. The required geotechnical report will include• Field study. - Test borings. - Geology mapping. - Laboratory tests (per proposal). - Slope stability calculations. - Excavation conditions along the proposed road alignment. - Recommendations for temporary and permanent slopes for alternative permanent excavation measures. - Description of the regional geology. - Geotechnical recommendations for trenching for utilities, temporary support of trench walls and support of utility pipes. - Recommendations for pipe bedding and pipe zone backfill materials and placement procedures. - Recommendations for fill and backfill materials and placement and compaction procedures. - Recommended flexible pavement structural sections for the new road. All calculations, charts and plans will be in English and metric units. II. COST The contract cost shall not exceed $26,603. MC:lkl ao ,U%.,95-028..,