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.
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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.
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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