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HomeMy WebLinkAbout02/07/1995, C-3 - FIRE STATION NO. 1 CONSTRUCTION MATERIALS TESTING, SPECIFICATION NO. 95-19C. MEETING DATE: ����n�m►►►►ullllll�ll�° III�N city of San Luis OBispo - - COUNCIL AGENDA REPORT ITEM NUMBER: /J FROM: Michael D. McCluskey, Director of Public Work s- � Prepared by: Barbara Lynch, Engineering Assistan SUBJECT: Fire Station No. 1 Construction Materials Testing, Specification No. 95-19C. CAO RECOMMENDATION: Approve the Award to and Execute an Agreement with Earth Systems Consultants for an estimated cost of $ 43, 620 for performance of all necessary materials testing for the construction of the Fire Station, Specification No. 95-19C. DISCUSSION: During the course of a construction project there are often requirements to test the building materials to make certain the specified quality is being met. Normally this testing is minimal and handled by staff or by a minor contract. The construction of the Fire Station is different because of the extent of the project and the special requirements imposed by the grant funding. At the request of the Fire Station Project Manager hired by the City, Earth Systems Consultants has prepared an estimate of the work for both the soils and materials testing. Earth Systems Consultants was hired by the Fire Department on two separate occasions to do exploratory work of the Southern California Gas Site, the site of the new Fire Station. That work included the determination of the soils design parameters used by the structural engineer for the design of the new building. In order for Earth Systems to take responsibility for those design parameters they must be on site during grading operations to insure the site is prepared in accordance with their requirements. This will include being available during the demolition of the site when utility lines will be removed and trenches refilled. In addition to the soils work, materials such as concrete and steel need to be tested to assure material quality. FISCAL IMPACT: The 191-193 budget (page E-6) identified funding for the construction of the new fire station. $2,213, 000 remains in the project account. The estimated cost for materials testing is $ 43, 620. ATTACHMENTS: Agreement steNrpt\9519t8we FIRE STATION 1 CONSTRUCTION SOILS AND MATERIALS TESTING SPECIFICATION NO. 95-19C GENERAL TERMS AND CONDITIONS CONTRACT REQUIREMENTS 1. Requirement to Meet All Provisions. The Consultant shall meet all of the terms, and conditions of this Specification. By signing the agreement, the Consultant acknowledges agreement with and acceptance of all provisions of this specification. 2- Proposal Quotes and Unit Price Extensions. The prices quoted by the Consultant shall be the basis for payment for the work performed on the project. 3. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 4. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805)781-7134. CONTRACT PERFORMANCE 5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 6. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 7. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Consultant is required to pay. 8. Permits and Licenses. The Consultant shall procure all permits and licenses,pay all charges and fees, and give all notices necessary. 9. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 10. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 11. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in,nor permit such subcontractors as it may employ,to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant (Net 30). 13. Inspection. The Consultant shall•furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and'intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as.a condition precedent to any payment to Consultant. 15. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants.that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent consultant and not an agent or employee of the City: 16. Hold Harmless and Indemnification. The Consultant agrees to defend,indemnify,protect and hold the City and its agents,officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Consultant's employees, agents or officers to the extent they arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Consultant,and its agents,officers or employees,in performing the work or services herein,and all expenses of investigating and defending against same; provided, however, that the Consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established negligence or willful misconduct of the City, its agents, officers or employees. 17. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute.such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination. If,during the term of the contract,the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may-notify the Consultant in writing of such defect or failure to perform; which notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminatethe contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except; however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced; or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination;minus any offset from such payment representing the City's damages from such breach. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project,as may be determined in the City's sole discretion,sous to permit a full and complete accounting of costs. In no event,however,shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. C3-3 SPECIAL TERMS AND CONDITIONS 1. Estimated Quantities. The quantities indicated in the Proposal submitted on October 24,1994 are estimates based , on past experience. Actual quantities may vary from these estimated amounts as determined by field conditions. 2. Start and Completion of Work. The Consultant shall begin work in coordination with the Contractors hired by the City to complete the Demolition of the site and the Construction of the Fire Station. . 3. Change in Work. The City reserves the right to change quantities of any item after contract award for the unit prices identified in the proposal for hours, tests or individual inspections. 4. Ownership of Materials. All original drawings,plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 5. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. 6. Copies of Reports and Information. If the City requests additional copies of reports,drawings,specifications,or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 7. Required Deliverable Products. The consultant will be required to provide: a. Final Affidavits as required by DSA 8. Accuracy of Specifications. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specification, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. �-3-y AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Earth Systems Consultants, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, the City requested proposals for geotechnical engineering services for the Construction of Fire Station 1 at 2160 Santa Barbara Street. WHEREAS, pursuant to said request, the Consultant submitted a proposal which was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. City Specification No.95-19C and Consultant's proposal dated October 21, 1994, Revised October 24, 1994, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor: Estimated Quantity Contract: Compensation based upon the actual hours of Consultant time and the number of tests completed for the unit prices bid by the Consultant in the Consultant's proposal, and the cost to obtain additional insurance as required by the City. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as described in the Proposal attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City's Representative designated by the Fire Chief. 69 6. COMPLETE AGREEMENT. This written Agreement,including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 Consultant Earth Systems Consultants Attn: Margaret McQuade 4378 Santa Fe Road San Luis Obispo, CA 93401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation City Clerk Allen Settle, Mayor APPROVED AS TO FORM: JG. org en, ity Attorney CONSULTANT: By: By: L'-3�G INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. Minimum Scone or Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits or Insurance. Consultant shall maintain limits no less than: 1. General Liability. $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 claim and aggregate. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant;premises owned,occupied or used by the Consultant;or automobiles owned,leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City,its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party except after thirty(30) days'prior written notice by certified mail, return receipt requested,has been given to the City. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verilication or Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its`behalf. All endorsements are to be received and approved by the City before work commences. (1-3-7