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HomeMy WebLinkAboutReso 177-1986 RESOLUTION NO. 177-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF CONSULTANT SERVICES AGREEMENT, PUBLIC WORKS, FOUNDATION INVESTIGATION SERVICES MAGNOLIA SENIOR CENTER, PROJECT #PB-86-1 BE IT RESOLVED by the City Council of the City of South San Francisco, that: The City Manager is authorized to execute on behalf of the City an Agreement entitled, "Consultant Services Agreement, Public Works, Foundation Investigation Services for the Magnolia Senior Center", Project No. PB-86-1 between the City of South San Francisco and Dames & Moore. A copy of the Agreement is attached as Exhibit "1". I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 12th day of November , 1986, by the following vote. AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, John "Jack" Drago, Gus Nicolopulos, and Roberta Cerri Teglia None Richard A. Haffey City Clerk EXHIBIT I TO RESOLUTION NO. 177-86 CONSULTANT SERVICES AGREEMENT PUBLIC WORKS FOUNDATION INVESTIGATION SERVICES MAGNOLIA SENIOR CENTER THIS AGREEMENT is made at South San Francisco, California, as of November 12th, 1986, by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter referred to as "CITY") and Dames and Moore, {hereinafter referred to as "CONSULTANT"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit "A", attached hereto and by this reference incorporated herein as though set forth verbatim. 2. Compensation. City shall pay Consultant for services rendered pursuant to this Agreement at the conclusion of each phase in the amounts set forth in Exhibit "B" attached hereto and by this reference incorporated herein as though set forth verbatim. The payments specified in Exhibit "B" shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. 3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing its services pursuant to this Agreement. 4. Term. This Agreement shall be effective on the date first appearing above and shall continue in effect until completion of Final Report unless sooner terminated as provided in Paragraph 11 herein. 5. Ownership of Documents. City shall have full and complete access to Consultant's working papers, and other documents during progress of the work. All documents of any description prepared by Consultant shall become the property of the City at the completion of the project. The Consultant may retain a copy of all material produced pursuant to this Agreement for its use in its general business activities. 6. Insurance. The Consultant shall take out and maintain during the life of this Agreement the following policies of insurance: (a) Worker's Compensation and employers' liability insurance in the statutory coverage. In signing this Agreement, the Consultant makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of this work of this Agreement." (b) Public Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for injuries including, but not limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) on account of any one occurrence. (c) Property Damage Insurance: HUNDRED THOUSAND DOLLARS ($500,000.00) person on account of ~ny one occurrence. In an amount not less than FIVE for damage to the property of each {d) Contractual Liability Insurance: Consultant shall take out and maintain during the life of this Agreement an insurance policy in the amount of at least ONE MILLION DOLLARS {$1,000,000.00), insuring City, its elective and appointive boards, commissions, officers, agents and employees, and Consultant against damages sustained by reason of any action or actions at law or in equity, and/or any claims or demands by reason of any breach of alleged breach of any contract, or provisions thereof, or by reason of any contractual liability, or alleged contractual liability arising out of any contract entered into by Consultant and/or any oF its agents or employees in order to perform the work defined herein. (e) It is agreed that the insurance required by Subsections b, c and d shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the. Consultant as described herein. Evidence of this insurance described above shall be provided to CITY upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty {30) days written notice to CITY. In addition, the following endorsement shall be made on said policy of insurance: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 7. Use of Subcontractors. The Consultant shall not subcontract any services to be provided hereunder, except for services firms engaged in reproduction, typing and printing, or as otherwise provided herein. Consultant shall be solely responsible for reimbursing any subcontractors and the City shall have no obligation to them. 8. Assignment. Consultant shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of the City, which consent may be withheld at the sole discretion of the City. 2 T I II 9. Termination of Contract for Cause. If, through any cause, either party to this Agreement shall fail to fulfill in a timely and proper manner obligations under this Agreement or violate any of the covenants, conditions, 6r stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice of such termination to the party in violation and specifying the effective date thereof at least five (5) days before the effective date of such termination. In the event of such termination,all finished or unfinished documents, data, surveys, drawings, maps and reports prepared by the Consultant shall 'become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any work completed prior 'to notice of termination on such documents and other materials, including costs of preparing such documents and files for delivery and delivery to the City on the basis of the Consultant's fee schedule. 10. Termination for Convenience of the City. The City may for its own convenience terminate this Agreement at any time by giving written notice to Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 11. Consultant's Qualifications. By executing this Agreement, Consultant holds itself out as a qualified Geotechnical Engineering Consultant, possessing the experience and specialized skills necessary to perform the tasks mentioned in Paragraph I herein and agrees it will render to the best of its ability the services described in that paragraph during the full term of this Agreement. 12. Consultant's Status. (a) The services shall be provided City as set forth herein by Consultant as an independent consultant as defined in Labor Code Section 3353, under the general control of the Deputy City Manager/City Engineer of the City of South San Francisco, concerning the results of the work, but not the means by which such result is accomplished. Nothing herein contained shall be construed to make the Consultant an agent or employee of City while providing said services, and Consultant shall be entitled to no other benefits or compensation as provided herein. (b) Nothing in this Agreement shall be construed to create the relationship of agent, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of Independent Consultant. 13. Interest of Consultant. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that, in the performance of this contract, no persons having any such interest shall be employed. 3 T '! I1 14. Notices. All notices herein required shall be in writing, and shall be delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Notice required to be given to Consultant shall be addressed as follows: Mr. Robert D. Darragh Dames & Moore 500 Sansome Street San Francisco, CA g4111 IN WITNESS WHEREOF, duly authorized representatives of the City and the Consultant have signed in conformation of this Agreement as of the day and year first above written. CITY OF SOUTH SAN FRANCISCO ~_xa municipal corpora_tion City Manager ATTEST: ty Clerk APPROVED AS TO FORM: City tkt tOrney DAMES & MOORE EXHIBIT "A" PURPOSE OF INVESTIGATION The purpose of the foundation investigation will be to provide information on the subsurface soil and groundwater conditions within the proposed site and to provide design recommendations for the support of the new interior foundation of the proposed structure. Based on the Consultant's evaluation of requisite foundation information, the Consultant will prepare report which will include boring logs, soil profiles, and laboratory test data and will address the following: Alternatives for foundation support, which may include spread footings, possibly with overexcavation and soil improvement, or pier foundations, with supporting capacities and recommended imbedments for alternative foundation types, as appropriate. 2. Estimated settlements, both total and differential, for footings. Lateral earth pressures on foundations, and soil frictional resistance and passive resistance to lateral loads. Recommendations for site preparation and earthwork, backfill and structural fill placement and compaction requirements. Opinion of possible construction costs for the soil and foundation work recommended. SCOPE OF SERVICES In order to accomplish the purposes of this investigation, the Consultant will provide the services detailed below. The Consultant has selected the number location of borings and the laboratory tests so as to provide the City with what the Consultant believes would be adequate but not excessive design information. The intent is to provide a reasonably accurate and detailed assessment of subsurface soils and bearing conditions within the structure for the new foundations and thereby attempt to limit the unknown soil conditions (and associated claims, if possible) encountered during construction. The Consultant will also plan one of the borings to provide some supplementary information on the soils in the immediate vicinity of the exterior wall. Investigate the subsurface soil and groundwater conditions, at the approximate locations shown on the attached Plot Plan, Plate 1. The Consultant will drill 6 auger borings which will extend through the fill and/or softer natural soil and into the underlying denser alluvial material. At least one boring will be drilled in the area of the exterior wall where soft soils were noted. The depth of borings is expected to average 20 feet. Relatively undisturbed samples and drive sample of the soils will be obtained with a 2 1/2-inch Split Sampler, and/or the Standard Penetration Split Tube Sampler for laboratory examination and testing to evaluate soil properties. Drilling will be accomplished by a drilling subcontractor under the technical direction of a field engineer or geologist. The soil encountered in the borings would be continuously examined in the field. The field engineer would maintain a log of the soils encogntered and obtain representative samples for laboratory examination and testing. Piezometers would be installed in two of the borings to monitor ground water levels at the site. We had previously considered using a cone penetrometer to perform the field exploration but decided to use borings as we feel it would be difficult to schedule the cone equipment and we wished to obtain samples of the soil as well as strength data on the underlying soils. Evaluate the relevant physical characteristics of the soil encountered by conducting a number of classification and strength tests on samples selected to provide representative information. Perform engineering analyses and review data from the nearby projects and preliminary site investigation at this site to evaluate the engineering characteristics of the soils encountered and provide the design recommendations described previously. Summarize our findings and comments and present our conclusions and recommendations in a written report. Coordinate with one meeting with City representatives the project architect and the contractor to discuss the findings, recommendations and implementation. SUBCONTRACTOR Drilling will be accomplished during regular working hours after demolition. It is understood that the site will be accessible to truck mounted drilling equipment and that the City will provide on site utility clearance, site access and site clearances. The Consultant will coordinate with contractors for access to the site. It is assumed that unusual drilling difficulties, such as concrete or brick obstructions requiring boring relocations, will not be encountered. SCHEDULE The field work will begin within about one week of authorization to proceed, and will be accomplished within the time allotted by the construction contract. The field work will be completed within two days (14 hours) depending on weather conditions and difficulties encountered in drilling. The Consultant will begin laboratory examination and testing immediately upon receipt of samples obtained during the field investigation. Laboratory testing will be completed one week after completion of the field investigation. Analysis will begin as the drilling, examination and testing proceed. The consultant will discuss the preliminary findings with the City, project architect and construction contractor as the investigation progresses, and will submit a final report within two weeks of the completion of the field work. EXHIBIT "B" COMPENSATION In consideration for the performance of duties listed in Exhibit "A": Scope of Services, the City shall pay the Consultant on a time-and-expense basis with a maximum limit of $7,500. Fees and expenses for Field Exploration, including subcontracted drilling, will be $2,800 which includes six borings. Fees and expenses for Laboratory Testing will be $1,000. Fees and expenses for Engineering Analysis and Report Preparation will be $3,700. Reimbursement will be in accordance with the Schedule of Charges and General Conditions, a copy of which is attached and forms part of this Exhibit "B". SCHEDULE OF CHARGES Dames & Moore UNITED STATES The compensation to Dames & Moore for our professional services is based upon and measured by the following elements, which are computed as set forth below. PERSONNEL CHARGES Charges for employees are compmed by multiplying the total direct salary cost of our personnel (expressed as an hourly rate) by a factor of 2.5. The total direct salary, cost shall be a sum equal to the direct payroll cost (computed by dividing the annual payroll cost by 1,940 hours) plus 35 percent of same to cover payroll taxes, insurance incident to employment, sick leave and other employee benefits. The time of a partner or retained consultant devoted to the project is charged at an assigned billing rate. The 35 percent employee benefit factor i~ used for work performed by personnel assigned to offices in the United States. For work performed by personnel in our offices in other countries, it will vary. depending on the employee benefits paid in the particular location. When outside the United States. employees' and partners' total direct salary, cost will be increased by the premium customarily paid by other organizations for work at that location. Time spent in either local or inter-city travel, when travel is in the interest of the work, will be charged for in accordance with the foregoing schedule: when traveling by public cartier, a maximum charge of eight hours per day will be made. EQUIPMENT CHARGES Computer control of project costs will be billed at a rate of $1.25 per each S50 of job charges or fraction thereof. Other Dames & Moore equipment, if used. will be billed at the rates noted in the Appendix. OTHER SERVICES AND SUPPLIES Charges for services, equipment and facilities not furnished directly by Dames & Moore, and any unusual items of expense not customarily incurred in our normal operations, are computed as follows: Cost plus 10 percent includes 3hipping charges, subsistence, transportation, printing and reproduction, long distance communication, .. Cost, plus 15 pe'rcent includes s6rvevin~'ser~ices, land ~lrilliog eq~iipment, ~bn~trd~t~on equi'~ament.~testing lal:~orat6i'ies, c~ntra~t' labo~ :Cost plus 25~'?er..cent include~ aircraft~ watercraft, helicopter and marine driiling'equipmem and Ol~rafi0n. 115.6 (8-86} SCHEDULE OF CHARGES- APPENDIX Dames & Moore EQUIPMENT AUTOMOTIVE Vehicle, per hour (maximum of 8 hours per day) ..................... $ Mileage, per mile $ 4.00 .25 SOIL Soil sampling and compaction control equipment, per shift hour ............. $ Soil sample rings and containers, per sample ........................ $ 5.00 5.00 LABORATORY · ' .'. 'SOil; water and biologiC:teStiog equipment -: per emploYee,"per hour. - ' ' $ 10.00 - Dynamic. Testing Equipment'wili b~'-qUot'e'd as required :- ' ': --_.. . '_. ' . ':--:.-- - . ~ _.~ = . -. _ : ~~ :_--_: DIVING SCUBA diving, per diver, per day ............................. $100.00 REPORT PREPARATION Word Processing Equipment, per hour ........................... $ 10.00 In-House Reproduction, per sheet ............................. $ . l0 ENGINEERING COMPUTER SERVICES The use of Dames & Moore's in-house computer facilities` will be charged in accordance with the "Engineering Computer Applications Billing Schedule" (attached). Computer time and other services provided by outside vendors will be charged at cost plus 15%. Terminals, plotters, forms, and computer supplies will be charged at cost plus 15%. FIELD Because of the varied nature of equipment, location and use, these rates will be quoted as required. liSA (REV. 2.82) GENERAL CONDITIONS Dames & Moore BILLING Statements will be issued every four weeks, payable upon receipt, unless otherwise agreed. Interest of ! ~,% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client· In the event that the Client requests termination of the work prior to completion of a report. Dames & Moore reserves the right to complete such analyses and records as are necessary to place i~s files in order and. where considered by it necessary to protect its professional reputation. to complete a report on the work performed to date. A termination charge to cover the cost thereof in an amount not to exceed 30% of all charges incurred up to the date of the stoppage of the work may. at the discretion of Dames & Moore. be made. · WARRANTY AND LIABILITY Dames & Moore warrants that its services are performed, within the limits prescribed by its Clients. with the usual thoroughness and competence of the engineering profession. No other warranty or representation, either expressed or implied, is included or intended in its proposals, contracts or reports. Dames & Moore has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site. and its compensation hereunder is in no way commensurate with the potential risk of inju~' or loss that may be caused by exposures to such substances or conditions. Accordingly. Dames & Moore's liability for all actions. omissions, or negligence, whether active or passive, shall not exceed $ 100.000 for injury or loss arisi,g from (1) radiation, nuclear reaction, or radioactive substances or conditions: and/or (2) any other toxic, irritant, pollutant, or waste gases, liquids, or solid materials. This limit may be increased up to $1,000.000 for injury or loss arising out of category (2) upon the Client's written request and agreement to pay an additional fee to be negotiated. Dames & Moore's liability for injury or ioss not described above shall not exceed $100,000 for professional liability and $1.000,000 for all other liability caused by actions, omissions, or negligence, whether active or passive. This limit may be increased up to $1,000,000 for professional liability upon the Client's written request and agreement to pay an additional fee to be negotiated. ~ -- Ail.limit increases_ must be requested before commencement of services. The Client agrees to defe~,d, indemnify., and hold Dames & Moore "-~ 'harmless fr_om i~y _cla~. li:~bility, 6}-defe~_se'cost in ex~egs of the limits determined above for inju_ry or !°ss sustained_ 'by_~ny ~arty from . exposures al!egeClly .~.adSihg out of or related.lo Dames &: Moor_eis performance Of_ services hereunder, - in the eveni the Client mak~ a el-aim against Dames & Moo~:e. ~t Iaw or otherwise, for any alleged error, omission or-otheract arising oat Of- .- ' :' -.. ' the performance of its profes?onal seryiCes? and the Client: fa_ils_to prove such claim, then the Client'shall pay ali costs:.including att°mey's fees; : - incurred by Dames=&-M6or~ in defending itself againsrtlie ~:laim. ~ --: --- - :- 115.6 i8-86/B1 Base by Grouo &/Architecture and Research and P~anning, Inc. PLOT PLAN Dames & Moore