FOR THE COUNCIL MEETING OF FEBRUARY 7. 2023
COUNCIL AGENDA REPORT
TO:
FROM:
SUBJECT:
City Council
City Manager
Prepared by: Director of Public Works
AWARD THREE PROFESSIONAL SERVICES AGREEMENTS FOR
GEOTECHNICAL ENGINEERING AND MATERIALS TESTING
PROFESSIONAL SERVICES
RECOMMENDATION:
That the City Council adopt Resolutions awarding Professional Services Agreements in the amount of $300,000 for on -call Geotechnical Engineering and Materials Testing Professional Services to: 1) Earth Systems: 2) GeoSolutions, Inc.: and 3) EnGeo.
BACKGROUND:
The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require technical assistance from Geotechnical Engineering firms. While the City employs Civil Engineers on staff, the City does not have a Geotechnical Engineers on staff or is able to perform materials testing and must hire outside consultants for these services. Having on -call consultants that can provide these services will allow the City to deliver these projects in a timely manner.
DISCUSSION:
On October 26, 2022, a Request for Proposal (RFP) was issued and advertised through the City website. In addition. notification emails were sent to firms who expressed interested in Geotechnical Engineering and Materials Testing Services to the City.
Selection of the best -qualified firms was made in accordance with the City's Purchasing Guidelines. Four proposals were received on December 16, 2022. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals.
After deliberations, the top three ranked firms chosen are as follows:
Firm, Location
Earth System, Santa Maria, CA
GeoSolutions, Inc., Santa Maria, CA
EnGeo, Santa Maria. CA
The proposed Professional Services Agreements would be managed by the Engineering Division, and Geotechnical Engineering and Materials Testing services would also be made available to use Departments for funded projects.
Individual project task orders will be issued based on the firm's expertise. workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work. implementation schedule, and maximum fee arrangement negotiated on a project -by - project basis.
Environmental Determination
The City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR. Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
Fiscal Considerations
Fees for Geotechnical Engineering and Materials Testing Services will be based on a project -by -project and basis directly charged to individual project budgets. Each project is separately approved and budgeted by City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.
Alternatives
City Council could decide to not award these Geotechnical Engineering and Materials Testing Professional Services Agreements and direct staff to issue Requests for Proposals for each project individually. However. this alternative is not recommended as there is a significant backlog of funded projects for which outside Geotechnical Engineering and Materials Testing Services are required to augment City staff. Further. having pre -approved. on -call, as -needed firms readily available will allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.
Other Agency Review
No other agency review is necessary or anticipated.
BRETT FULGONI
Director Public Works
Attachments:
A. Professional Services Agreement to Earth System
B Professional Services Agreement to GeoSolutions. Inc.
C. Professional Services Agreement to EnGeo
2 AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Geotechnical Engineering and Materials Testing Services This Agreement is made on February 7, 2023, by and between Earth Systems, a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature: and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project: and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On -Call Geotechnical Engineering and Materials Testing Services. More specifically. Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR's Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement 2 Atty. Rev. 2021
with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
Earth Systems
Attn: Robert Down, P.E.
Managing Principal
2049 Preisker Lane
Santa Maria, CA 93454
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
3 Atty. Rev. 2021
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
EARTH SYSTEMS, A California CITY OF SANTA MARIA, a political Corporation subdivision of the State of California
By: ROBERT DOWN By: JASON STILWELL
Senior Vice President City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
Geotechnical Engineering and Testing Services
Constructability Review and Plan Check
Understanding and application of standard details and specifications from:
• City of Santa Maria
• Caltrans
• Greenbook
• APWA
• AWWA
• County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally -funded construction projects.
Best Management Practices
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities.
Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Consultant and its sub -consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
The Consultant will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Consultant shall provide geotechnical engineering support services including, but not limited to the following:
Geotechnical engineering investigations
Geotechnical feasibility studies
Failure investigations of foundations, retaining walls, slopes, and pavement Engineering analysis of settlement -reduction methods
Geologic evaluations, slope stability studies, and fault location studies Development of criteria for earth retention structures
Groundwater monitoring and sampling
Laboratory analysis of soil and groundwater samples
Monitoring well installation and development
Geophysical exploration
Liquefaction and seismicity studies
Seismic refraction/rippability studies
Document and drawing review.
Field inspections and data collection
Cost estimating
Meeting attendance
Design calculations and/or calculation review
Design drawings or details
Design requirements or recommendations
Coordination with other consultants
The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches, Atty. Rev. 2021
foundations, slabs -on -grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:
• Soil and groundwater conditions encountered
• Preparation of the building area prior to construction • Grading criteria
• Types and depths of foundations
• Slab -on -grade design criteria
• Maximum allowable bearing capacities
• California Building Code (CBC) seismic criteria for use in foundation design • Liquefaction potential
• Estimated total and differential settlement
• Resistance to lateral loads
• Retaining wall design criteria
• Pavement design criteria
• Drainage around improvements
• Observation and testing
During construction, consultant may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:
• Geotechnical observation and field testing of soils
• Geotechnical certification of grading
• Geotechnical inspection of deep foundation systems
• Reinforced concrete special inspection
• Post -tensioned concrete special inspection
• Masonry special inspection
• Asphalt concrete placement inspection
• Spray -applied fireproofing special inspection and testing • Shop and field welding special inspection
• Special inspection of high strength bolting and shear studs • Shotcrete special inspection
• Inspection of shot pins and expansion anchors
• Inspection of reflected ceiling bracing and support
• DR -Meter (pachometer) testing of reinforced masonry and concrete • Mobile asphalt laboratory testing
• Welder certification
• Concrete sampling and testing, including slump, air content, casting test • cylinders, and compression testing
• Masonry sampling and testing, including block units, prisms, block shrinkage, • mortar strength, grout strength and cores of completed • Shotcrete sampling and testing, including slump, casting test panels, and • compression testing
• Sampling and testing of reinforcing steel, torque testing, • Bolt tension testing
• Bolt torque testing
• Asphalt, concrete, and grout mix designs and review of contractor submittals Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:
• Unit weight and moisture
• Expansion index
• Maximum density vs. optimum moisture
• Angle of internal friction and cohesion
• One dimensional consolidation
• R -value
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.
1 1 . Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
II I. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
EARTH SYSTEMS FEE SCHEDULE (Effective January, 2023)
2049 Preisker Lane 1 Santa Maria, CA 93454 1 (805) 928-2991 ( www.earthsystems coin This schedule presents hourly rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection.
PERSONNEL Hourly Rate
Principal Professional $220.00
Associate Professional $205.00
Senior Professional $195.00
Project Professional $170.00
Staff Professional $150.00
Special Inspector, Prevailing Wage• 5150.00
Technician, Prevailing Wage' $140.00
Special Services/Caltrans Technician $140.00
Technical Assistant $125.00
Special Services Technician $140.00
Special Inspector $110.00
Technician $105.00
Clerical/Administrative $90.00
• Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations (DIR).
BASIS OF CHARGES. GENERAL
I . Field services for regular work days for non- Prevailing Wage projects are subject to a 2 -hour minimum charge.
2 Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in one day) for personnel are at time and one-half. Work performed on Sundays and holidays, or when time exceeds 12 hours in one day, is at double time. Work performed on weekends, holidays, and when work starts outside of regular business hours is subject to a 4 -hour minimum charge. 3 Charges are calculated in one -hour increments and accumulate on a portal-to-portal basis.
4. A 2 -hour cancellation charge applies if scheduled inspection or testing is cancelled after 3 p.m. the day prior to the scheduled work.
5. Nuclear density gauge charge: $10.00/test.
6 Weekly special inspection report charged at staff engineer hourly rate. 7 Posting of electronic documents to project websites will be charged at clerical/administrative services rate.
R Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and one-half percent per month. Payments using a credit card will be assigned a 3% surcharge. 9 Other Direct Costs such as outside printing/reproduction, delivery services/USPS, miscellaneous equipment or supplies, and travel expenses will be billed per the contract. Mileage will be billed at the applicable Federal IRS rate.
10. Rates are effective through June 30, 2024. Subsequent to this date, annual increases of approximately 3% should be anticipated for professional services and laboratory tests; increases for Prevailing Wage work will be based upon DIR determinations for the appropriate classifications.
PREVAILING WAGE PROJECTS
1 Field servkes for regular work days for Prevailing Wage projects are subject to a 4 -hour minimum charge, and after 4 hours will be billed in 1 -hour increments.
2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can vary for different classifications of work under prevailing wage regulations.
3 Electronic submittal of Certified Payroll to DIR for prevailing wage projects will be assessed a fee of $90.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative service rates.
EARTH SYSTEMS ION -CALL GEOTECHNICAL ENGINEERING AMO MATERIALS TASTING SERVICES 1 DACE HIRER 1fi, 2022 1 CITY Of SANTA MARIA Atty. Rev. 2021
MATERIALS 1 ESTING
BASIS Of CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge (technician rate) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2" - 2.5" diameter) unless noted otherwise. Preparation of 3" diameter samples add $20.00. Testing of contaminated soil will be per quote. Contaminated samples will be returned to sender for proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit 5115.00 Atterberg Limits: Plasticity Index .. . 5250.00
California Bearing Ratio, 3 Points; Incl. Ref Maximum Density $650.00 California Bearing Ratio, 9 Points; Incl. Ref Maximum Density 5945.00 Consolidation, One Dimensional 5225.00
Consolidation, Timed, Per Point 5100.00
Corrosivity Tests Per Quote
Direct Shear, Per Point, 3 Points Minimum 5315.00
Expansion Index Test 5205.00
Maximum Density and Optimum Moisture: 4" Mold 5300.00
Maximum Density and Optimum Moisture: 6" Mold ... .................. ....... ...._...._........ _._...._........... _...._..__....._ 5300.00 Maximum Density and Optimum Moisture: California Impact 5305.00 Moisture and Unit Weight Determination, from Ring Samples 545.00 Moisture Only 540.00
Permeability Tests, Constant Head or Falling Head „. . Per Quote R -Value .............................................. 5325.00 R -Value, CA State Highway/Set of 3, Cement, Lime, Other Additives 5375.00 Hydro Collapse Potential 5165.00
Sieve/Hydrometer Analysis, Assumed Specific Gravity, with 200 Wash $250.00 Sieve Analysis, Aggregate Base/Subbase 5155.00
Sieve Analysis 200 Wash Only 5150.00
Sieve Analysis with Wash 5135.00
Sieve Analysis, Oversize Material 5215.00
Specific Gravity 5150.00
Swell Test, Undisturbed 5205.00
Swell Test, Remolded 5230.00
Unconfined Compressive Strength, Untreated $150.00
Unconfined Compressive Strength, Lime or Cement Treated Material 5490.00
THERMAL RESISTIVITY TESTS
Concrete, 1 Point with Moisture Content )Requires Special Collection Process) Per Quote Field Testing using Thermal Resistivity Meter Per Quote Soil, Per Moisture Point, Per Sample ... Per Quote
Soil, 3 Moisture Points with Dry -Out Curve, Per Sample Per Quote
CONCRETE AGGREGATE,
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASIM C131 (Small Size Aggregate) 5300.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate).. 5560.00 Absorption, Coarse Aggregate 5100.00
Absorption, Fine Aggregate 5150.00
Clay Lumps and Friable Particles In Aggregate $125.00
Cleanness Value of Coarse Aggregate ... 5175.00
Crushed Particles, Each Size 5150.00
Durability Index, Coarse or Fine Aggregate 5200.00
EARTH SYSTEMS 1 ON -CALL 6IIOTECHMCAI. NGINUSING AND MATIMAIS Tama SERVICES 1 DECEMBER W 2022 1 CITYOr SANTA MARIA Atty. Rev. 2021
MATERIALS Ti SUN(' CONTIN(ITI]
CONCRETE AGGREGATE -Continued
Flat and Elongated Particles in Aggregate 5125.00
Organic Impurities in Fine Aggregate 5100.00
Potential Reactivity of Aggregate by Chemical Method, Each Site Per Quote Sand Equivalent 5170.00
Sieve Analysis, Washed 5200.00
Soundness, Sodium Sulfate, 5 Cycles 5450.00
Specific Gravity, Coarse Aggregate 5150.00
Specific Gravity, Fine Aggregate 5150.00
Uncompacted Void Content of Fine Aggregate, with Fine Aggregate Angularity 5285.00 Unit Weight of Aggregate 5150.00
CONCRETE CYLINDERS. BEAMS AND CORES
Compression Test/Storage of Cast Cylinders (4x8) 545.00 Compression Test/Storage of Cast Cylinders (6x12) 575.00 Compression Test of Cored Samples, Cored at laboratory 5120.00 Compression Test of Cores Delivered by Others .-. 5100.00 Compression Test of Lightweight Concrete ...... 550.00
Density of Concrete Cylinders 580.00
Density of Hardened Concrete 5105.00
Flexural Strength, Simple Beam with Third Point Loading 5180.00 Grading of Shotcrete Cores 5190.00
Sample Storage, Monthly Per Sample 545.00
Shrinkage, Set of 3 5400.00
Unit Weight of Lightweight Concrete 5130.00
Enviro Recycle Fee/Form Stripping, Per Shotcrete Panel/Beam ... 565.00
MASONRY
Absorption of Block, Set of 3 5165.00
Compression Test, 2" x 4" Mortar CyBnders 540.00
Compression Test, 3" x 3" x 6" Grout Samples 545.00
Compression Test on Block, Set of 3 5165.00
Compression Test on Grouted Prisms, Includes Cutting 5165.00 Compression Test on Masonry Cores 585.00
Coring of Grouted Masonry by Subcontractor cost + 20%
Masonry Shrinkage, Set of 3 5245.00
Moisture Content of Block as Received, Set of 3 -.-•--••-••-•-••-----••-••5105.00 Shear Test on Masonry Cores, 2 faces 5150.00
Specific Gravity and Unit Weight of Block, Set of 3 5170.00
FIREPROOFING
Fireproof Bond Test Per Quote
Fireproofing Density Test 580.00
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples 580.00 Compaction of Lab Samples, CA Kneading Compactor, Set of 3 5240.00 Compaction of Lab Samples, CA Kneading Compactor, Set of 5 5400.00 Compaction of Lab Samples, Marshall Method Set of 3 - (50 blows/side) 5245.00 Compaction of Lab Samples, Marshall Method Set of 3 - (75 blows/side) 5260.00 Extraction of Oil from A.C. Mixtures Per Quote
Extraction of Oil from Rubbented Mixtures .- Per Quote
Gyratory Compactor, Per Set of Field Mixed Asphalt 5495.00 EARTH SYSTEMS 1 ON -CALL 6EOTECNNICAL ENGINEERING AND MATERIALS TESTING SERVICES 1 DECEMSER IA 2021 1 CITY OF SANTA MARIA Atty. Rev. 2021
MA Fl-RIALS FFr;tINCi- CONIINIII I)
ASPHALT CONCRETE-CorNnwd
Hamburg Wheel Tracker Test, Per Set of Field Mixed Asphalt $890.00 Ignition Oven Binder Content, After Initial Correction Value is Determined $275.00 Ignition Oven Binder Content Correction Value Per Mix Design, Average of 3 5850.00 ignition Oven Gradation Correction Value, Per Mix Design Pet Quote Moisture Content $550.00
Sieve Analysis of Extracted Aggregate $285.00
Sieve Analysis of Ignition Oven Residue 5270.00
Specific Gravity, Theoretical Maximum, Rice Method $170.00 Stability and Flow, Marshall Apparatus, Set of 3 $240.00 Stabilometer, Hveem S -Value, Set of 3 $350.00
j1EINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, Sample Preparation Not Included $75.00 Pipe Flattening Test, Sample Preparation Not Included $75.00 Reinforcing Steel Coupler Tensile and Slip Tests $175.00 Structural Steel Bend Test, Sample Preparation Not Included $75.00 Structural Steel Machining/Sample Preparation .. cost + 20% Structural Steel Tensile Test, Sample Prep Not Included .. $75.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9 $150.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18 „....».».......„...._.... - Per Quote
BOLT TESTS
Bolt Tests, Chemical or Mechanical cost + 20%
WELDER QUALIFICATION
AWS 01.1: 3/8" Plate, Per Position Per Quote
AWS D1.1:1" Plate, Per Position _.».._._..._._.._..... Per Quote AWS D1.3: Sheet Steel Per Quote
AWS D1.4: Reinforcing Bar Per Quote
ASME/API Pipe Sections Per Quote
EQUIPMENT/CHARGES (Does Not Include Personneq
110 -Volt Portable Electric Generator $115.00/day
Anchor Pull Test Equipment ».. 5200.00/day
Bailer (Disposable) with Dedicated Rope $35.00/ea.
Concrete and Asphalt Concrete Coring Equipment $280.00/day Concrete Slab Moisture Transition Kit $45.00/ea.
Conductivity Meter cost + 20%
Cut -Off Saw .. $90.00/day
DIR Compliance/eCPR, Per Week $90.00
Double Ring Infiltrometer (Per Set) $165.00/day
Drum Dolly $40.00/day
Drums $90.00/ea.
DSA Box Posting, Per Week $90.00
Dynamometer, In -line Scale $200.00/day
Hammer Drill $65.00/day
Hand Auger/Sampler Equipment $65.00/day
LOCK N' LOAD' VOC Sample Preservation System $35.00/ea.
Magnetic Particle Equipment ... .. $200.00/day
Manometer 5155.00/day
Mini -Troll Groundwater Level Transducer _ $115.00/day
Mobile Laboratory Per Quote
EARTH SYSTEMS I ON -CALL GEOTECHNICAI ENGINEERING AND MATERIALS TESTING SERVICES I DECEMBER 16. 2055 I CITY OF SANTA MARIA Atty. Rev. 2021
MATFRIAI S TESTING - CONTINUE fl
gQDIPMENT/CHARGES (Does Not Include Personnell-Continued Nuclear Density Equipment, Per Test $10.00/ea.
Paint Thickness/Hardness Meter $140.00/day
Per Diem Per Quote
Percolation Tank System and Trailer.. $260.00/day
Personal Protective Equipment Level C Per Quote
Photo -Ionization Detector(PID) $100.00/day
Pulse Velocity Meter Per Quote
Rebound Hammer (Schmidt Hammer) $80.00/day
Reinforcing Steel Image (GPR) $50.00/Image
Reinforcing Steel Locating Equipment (DR -Meter) 5200.00/day Reinforcing Steel Locating Equipment (GPR) .. $400.00/day Safety and Specialty Equipment Per Quote
Sampling Consumables Per Quote
Skidmore Bolting Calibration Equipment $250.00/day
Slope Inclinometer Equipment, Per Hole $35.00/day
Soil Sampling Containers (Glass) $10.00/ea.
Sod Sampling Containers IMetal) $25.00/ea.
Submersible pump with controller $125/well/day
Tape Extensometer 5200.00/day
Tension Equipment _. ... ... . ..........._...... $200.00/day Torque/Tension Equipment $200.00/day
Vehicle Mileage Charge...... $0.85/mile
Water Level Indicator $55.00/day
Water quality multi -parameter probe $100.00/day
Wlnsor Probe, Set of 3 $110.00/day
EARTH SYSTEMS I ON -CALL 0EOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES I DECEMBER 16. 20221 CITY OF SANTA MARIA Atty. Rev. 2021
rtltll LHN(, Sri/l( I ti
DRILLING AND SAMPLING CAPABILITIES
• Geotechnical borings to depths of 75 feet.
• Borings for hazardous materials studies.
• Monitoring well and piezometer installation.
• Drill crews experienced in hazardous materials drilling and sample acquisition. • Drill crews trained in 40 -hour Health and Safety course (HAZWOPERI. • Steam cleaners, grout mixers, and other auxiliary equipment available. • Standard Penetration Sampler (2" o.d. split spoon).
• Modified California Sampler (lengths: 18", 24", 3" o.d.; 2.5" i.d. rings); resin fiber. brass, or stainless steel rings available.
• Shelby tubes (3'id).
DRILLING RATES (NON -PREVAILING WAGE)
DRILLING EQUIPMENT/PERSONNEL
Mobile B-53/Gtech G1.8 with driller and helper $315.00/hr.
Simco EP200 direct -push rig with driller and helper $260.00/hr.
Additional dell helper $105.00/frr.
Driller/Rig preparation $105.00/hr.
Staff Professional $150.00/hr.
AUXILIARY EQUIPMENT/MISCEL.ANEOU1
Support truck $120.00/day ♦ 50.85/mile
Dnll support trailer 5130.00/day
Generator $115.00/day
Per diem Per Quote
Traffic control equipment (signs, cones) Per Quote
DRILLING RATES (PREVAILING WAGE)
Mobile 8-53/Gtech GT•8 with driller and helper $385.00/hr.
Slmco EP200 direct -push rig $340.00/hr.
Additional drill helper $140.00/hr.
BASIS OF CHARGES
1. Minimum drill time is 4 hours. Drill crew overtime (hours more than 8 hours a day) and Saturday work are 1.5 times the hourly rate. Sunday work is two times the hourly rate. Holiday work is per quote.
2. Rates for 3 -man crew available on request.
3. Assembly and demobilization of materials are charged at the drill helper hourly rate.
4. Drilling in material that causes more than normal wear to the equipment may be subject to additional charges.
The client will be notified prior to drilling in such material.
5. Earth Systems Pacific's drillers and drill crews have been trained in the 40 -hour course developed by the EPA and will satisfy the Federal OSHA requirements (29-CFR 1910.120) for personnel working on sites containing hazardous materials.
6. Drilling jobs must be confirmed a minimum of 48 hours prior to the start of work. lobs cancelled less than 48 hours prior to the start of work wit be subject to the 4 -hour minimum charge, plus any charges for material acquisition, rig preparation, etc., that have been incurred.
7. The client is responsible for the accurate location of all subterranean structures and utilities, and agrees to waive any claim against Earth Systems Pacific for damage done to subterranean structures and utilities not identified or accurately located. The client also agrees to obtain free access to the site for all equipment and personnel necessary for Earth Systems Pacific to perform the work.
EART. jrS-FMS (ON{All GEOTECNNICAL ENGINEERING AND MATERIALS TESTING SERVICES 1 DECEMBER 16. 20221 CITY Of SANTA MARIA 6 Atty. Rev. 2021
EXPERT WITNESS SERVICES
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.
HOURLY CHARGES FOR PE MINK',
Principal Professional $500.00
Associate Professional $425.00
Senior Professional $375.00
Project Professional 5300.00
Staff Professional $250.00
Clerical/Admin Services $150.00
;PECAN. SERVICIS
Deposition ._ 5500.1 0/hr.
Arbitration $500.00/hr.
Court Appearance/Hearings _ $2,000.00/half day
Standby to Appear .» ._ $2,000.00/day
BASIS OF CHARGES
1 Hourly rates are charged during investigation, analysis, consultation, and preparation services. 2 Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be baled or refunded in accordance with the fee and billing information in this schedule.
Fee for reviewing deposition transcript will be biped at hourly rates 10 the party requesting the review. 3 Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $4,000.00.
4 Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $750.00. Standby at other locations will be charged at the general hourly rates.
EARTH SYSTEMS I ON -CALL GEOTICHNICAL ENGINFFRINO AND MATERIALS TESTING SERVICES 1 DECEMBER 16, 20221 CITY OF SANTA MARIA Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage. bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Geotechnical Engineering and Materials Testing Services This Agreement is made on February 7, 2023. by and between GeoSolutions, Inc.. a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature: and
WHEREAS, City does not have available employees to perform the services for the Project: and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS. Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On -Call Geotechnical Engineering and Materials Testing Services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR's Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
2 Atty. Rev. 2021
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
GeoSolutions, Inc.
Attn: Kelly Robinson, PhD, GE
Principal Engineer
1021 Tama Lane, Suite 105
Santa Maria, CA 93455
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. The provisions of this agreement are severable. If any part 3 Atty. Rev. 2021
of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
GEO SOLUTIONS, INC. A California CITY OF SANTA MARIA, a political Corporation subdivision of the State of California
By: KRAIG R. CROZIER By: JASON STILWELL
President City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
4 Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
Geotechnical Engineering and Testing Services
Constructability Review and Plan Check
Understanding and application of standard details and specifications from:
• City of Santa Maria
• Caltrans
• Greenbook
• APWA
• AWWA
• County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally -funded construction projects.
Best Management Practices
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities.
Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Consultant and its sub -consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
The Consultant will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Consultant shall provide geotechnical engineering support services including, but not limited to the following:
Geotechnical engineering investigations
Geotechnical feasibility studies
Failure investigations of foundations, retaining walls, slopes, and pavement Engineering analysis of settlement -reduction methods
Geologic evaluations, slope stability studies, and fault location studies Development of criteria for earth retention structures
Groundwater monitoring and sampling
Laboratory analysis of soil and groundwater samples
Monitoring well installation and development
Geophysical exploration
Liquefaction and seismicity studies
Seismic refraction/rippability studies
Document and drawing review
Field inspections and data collection
Cost estimating
Meeting attendance
Design calculations and/or calculation review
Design drawings or details
Design requirements or recommendations
Coordination with other consultants
The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer, and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches, Atty. Rev. 2021
foundations, slabs -on -grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:
• Soil and groundwater conditions encountered
• Preparation of the building area prior to construction • Grading criteria
• Types and depths of foundations
• Slab -on -grade design criteria
• Maximum allowable bearing capacities
• California Building Code (CBC) seismic criteria for use in foundation design • Liquefaction potential
• Estimated total and differential settlement
• Resistance to lateral loads
• Retaining wall design criteria
• Pavement design criteria
• Drainage around improvements
• Observation and testing
During construction, consultant may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:
• Geotechnical observation and field testing of soils
• Geotechnical certification of grading
• Geotechnical inspection of deep foundation systems
• Reinforced concrete special inspection
• Post -tensioned concrete special inspection
• Masonry special inspection
• Asphalt concrete placement inspection
• Spray -applied fireproofing special inspection and testing • Shop and field welding special inspection
• Special inspection of high strength bolting and shear studs • Shotcrete special inspection
• Inspection of shot pins and expansion anchors
• Inspection of reflected ceiling bracing and support
• DR -Meter (pachometer) testing of reinforced masonry and concrete • Mobile asphalt laboratory testing
• Welder certification
• Concrete sampling and testing, including slump, air content, casting test • cylinders, and compression testing
• Masonry sampling and testing, including block units, prisms, block shrinkage, • mortar strength, grout strength and cores of completed • Shotcrete sampling and testing, including slump, casting test panels, and • compression testing
• Sampling and testing of reinforcing steel, torque testing, • Bolt tension testing
• Bolt torque testing
• Asphalt, concrete, and grout mix designs and review of contractor submittals Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:
• Unit weight and moisture
• Expansion index
• Maximum density vs. optimum moisture
• Angle of internal friction and cohesion
• One dimensional consolidation
• R -value
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.
I I. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
Gem
90l— LJ TIC7,
PERSONNEL
220 High Street 1021 Tartla L.WS, Sint* 106
San Wag Otispo CA 03401 Santa Maria. CA 09466
905 54] 0!-.:!9 8:5614 53J3
201 S. Wipes Steal, Sulla 109
Santa Barbara, CA 03109
905 966 2200
2022 FEE SCHEDULE
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DESCRIPTION
Special Inspector (Prevailing Wage)
Soils, Concrete, Masonry (ACI, ICC, Caltrans)
Welding (ICC, AWS), Fireproofing (ICC), Wood -Framing
Half day minimum ( 4 hours)
Overtime (> 8 hours / outside M -F, 7 AM — 4 PM)
Double-time (> 12 hours / > 8 hours weekend / holiday)
Sample Pick -Up
Weekend Sample Pick -Up (2 -hour minimum)
Principal Engineer / Principal Engineering Geologist
Drafting / Administration / Certified Payroll
Mileage
FIELD AND LABORATORY TESTING — SOILS AND AGGREGATES
FEE
S 120.00 / hour
$ 48000 / day
$ 960.00 / day
$ 180.00 /hour
$ 240.00 / hour
$ 95.00 / hour
$ 142.50 /hour
$ 215.00 /hour
$ 75.00 / hour
$ 0.58 / mile
DESCRIPTION TEST STANDARD
Moisture Content and Soil Classification ASTM D2216, CT 226 Particle Size Analysis
Sieve Analysis (No 4 through No 200)
Hydrometer and Sieve
Fine Aggregate Sieve Analysis
Coarse Aggregate Sieve Analysis
Atterberg Limits (Liquid Limit, Plastic Limit,
Plasticity Index)
Direct Shear
Remolded Shear
Consolidation
Expansion Index (El)
Laboratory Maximum Density
Method "A' or "B"
Method "C"
Caltrans 216 Part II
Oversized Aggregate Correction
Check Point (Any Method)
2021 2022
Atty. Rev. 2021
ASTM D422, CT 203, AASHTO T88
ASTM D422, CT 203, AASHTO T88
ASTM C136, CT 202, AASHTO T127
ASTM C136, CT 202, AASHTO T127
ASTM 04318, CT 204, AASHTO T89,
T90
ASTM D3080
ASTM 03080
ASTM D2435
ASTM D4829
ASTM D1557
ASTM D1557
CT 216
ASTM 04718
EXHIBIT "B"
UNIT FEE
$ 20.00
$ 100.00
$ 250 00
$ 100.00
S 100.00
$ 200.00
$ 400.00
$ 500.00
$ 250.00
$ 200.00
$ 200.00
$ 250.00
$ 250.00
$ 100.00
$ 100.00
DESCRIPTION
Durability
Sand Equivalent
Specific Gravity and Absorption
Coarse Aggregate
Fine Aggregate
Specific Gravity of Soils
FIELD AND LABORATORY TESTING - SOILS AND AGGREGATES
TEST STANDARD
ASTM D3744, CT 229
ASTM D52419, CT 217
ASTM C127, CT 206
ASTM C128, CT 207
ASTM D854
UNIT FEE
$ 250.00
$ 100.00
$ 100.00
$ 100.00
$ 100.00
LABORATORY TESTING - PORTLAND CEMENT CONCRETE
DESCRIPTION TEST STANDARD UNIT FEE
Compressive Strength
4" x 8" Cylinder - Set of 4 ASTM C39, CT 521 S 160.00
4" x 8" Cylinder - Per Cylinder ASTM C39, CT 521 $ 40.00 Core Sample - Per Sample ' ASTM C42, CT 521 $ 40.00
Shotcrete - Per Sample ' ASTM C1140, CT 521 $ 40.00
Flexural Beam Testing - Per Beam ASTM C78. C293 $ 60.00 'Additional fees may apply for laboratory conng/saw cutting/end preparation ($ 90.00/hour)
LABORATORY TESTING - MASONRY
DESCRIPTION
Compressive Strength
Grout Cylinder - Set of 3
Grout Cylinder - Per Cylinder
Mortar - Set of 3
Mortar - Per Sample
Flexural Beam Testing - Per Beam
SUBCONTRACTED SERVICES
TEST STANDARD
ASTM C1019
ASTM C1019
ASTM C39. C109
ASTM C39, C109
ASTM C78, C293
UNIT FEE
$ 120.00
$ 40.00
$ 120.00
$ 40.00
$ 60.00
DESCRIPTION TEST STANDARD UNIT FEE
California Bearing Ratio ASTM D1883 $ 600 00
R -Value ASTM D2844, CT 301 $ 400.00
2022
EXHIBIT "B"
GEo_
Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain. or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials. employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2021
AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Geotechnical Engineering and Materials Testing Services This Agreement is made on February 7, 2023, by and between ENGEO Incorporated, a California Corporation ("Contractor"), and the City of Santa Maria. a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS. City does not have available employees to perform the services for the Project; and
WHEREAS. City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform construction services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is two (2) year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing On -Call Geotechnical Engineering and Materials Testing Services. More specifically. Contractor agrees to perform the specific services listed in Exhibit "A."
2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.05. Insurance, Contractor shall provide insurance as listed in Exhibit "C."
2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Contractor's Obligations.
3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor.
No employer/employee relationship exists between Contractor and the City.
Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its agents, subcontractors and employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
3.05. Use of Subcontractors. CONTRACTOR may subcontract with third party providers that were listed in CONTRACTOR's Response to Request for Proposals and whose rate sheets have been included in this Agreement.
Subcontractors shall be billed at the rates listed in Exhibit B. CONTRACTOR is fully responsible for the actions and omissions of any subcontractor.
CONTRACTOR must ensure subcontractor adherence to the same quality standards and assurances required of CONTACTOR. CONTACTOR shall ensure that this Agreement is incorporated by reference into any Agreement 2 Atty. Rev. 2021
with a subcontractor and that subcontractor complies with the insurance requirements of EXHIBIT C.
4. Miscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E., P.L.S.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Contractor:
ENGEO Incorporated
Attn: Randy Hildebrant, PE, GE
Project Manager
2646 Santa Maria Way, Suite 107
Santa Maria, CA 93455
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
3 Atty. Rev. 2021
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
ENGEO Incorporated. A California CITY OF SANTA MARIA, a political Corporation subdivision of the State of California
By: URI EIAHU
President
By: JASON STILWELL
City Manager
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
4 APPROVED AS TO FORM:
City Attorney
Risk Manager
Atty. Rev. 2021
EXHIBIT "A"
SERVICES TO BE PERFORMED
Geotechnical Engineering and Testing Services
•
Constructability Review and Plan Check
Understanding and application of standard details and specifications from:
• City of Santa Maria
• Caltrans
• Greenbook
• APWA
• AWWA
• County of Santa Barbara
Knowledge and understanding of the use of and requirements of federal documentation for design associated with federally -funded construction projects.
Best Management Practices
Ability to work with utilities, special districts, and public agencies in and adjacent to the City of Santa Maria.
Understanding of environmental regulations relevant to construction activities.
Consultant is responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract or legal issues among others.
Consultant and its sub -consultants shall pay employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.
The Consultant will be expected to provide written reports, technical memorandums, calculations, and other documentation as necessary, and provide engineering and field support during construction activities. The Consultant shall provide geotechnical engineering support services including, but not limited to the following:
Geotechnical engineering investigations
Geotechnical feasibility studies
Failure investigations of foundations, retaining walls, slopes, and pavement Engineering analysis of settlement -reduction methods
Geologic evaluations, slope stability studies, and fault location studies Development of criteria for earth retention structures
Groundwater monitoring and sampling
Laboratory analysis of soil and groundwater samples
Monitoring well installation and development
Geophysical exploration
Liquefaction and seismicity studies
Seismic refraction/rippability studies
Document and drawing review
Field inspections and data collection
Cost estimating
Meeting attendance
Design calculations and/or calculation review
Design drawings or details
Design requirements or recommendations
Coordination with other consultants
The field and laboratory data will be expected to be reviewed by a Registered Geotechnical Engineer and evaluated with respect to development of geotechnical criteria for site preparation, grading, utility trenches, Atty. Rev. 2021
foundations, slabs -on -grade and exterior pedestrian flatwork, retaining walls, pavement sections, drainage around improvements, and observation and testing. The following items will be addressed:
• Soil and groundwater conditions encountered
• Preparation of the building area prior to construction • Grading criteria
• Types and depths of foundations
• Slab -on -grade design criteria
• Maximum allowable bearing capacities
• California Building Code (CBC) seismic criteria for use in foundation design • Liquefaction potential
• Estimated total and differential settlement
• Resistance to lateral loads
• Retaining wall design criteria
• Pavement design criteria
• Drainage around improvements
• Observation and testing
During construction, consultant may be asked to provide construction observation, special inspection, and materials testing. These may include, but limited to the following:
•
•
•
•
Geotechnical observation and field testing of soils
Geotechnical certification of grading
Geotechnical inspection of deep foundation systems
Reinforced concrete special inspection
Post -tensioned concrete special inspection
Masonry special inspection
Asphalt concrete placement inspection
Spray -applied fireproofing special inspection and testing Shop and field welding special inspection
Special inspection of high strength bolting and shear studs Shotcrete special inspection
Inspection of shot pins and expansion anchors
Inspection of reflected ceiling bracing and support
DR -Meter (pachometer) testing of reinforced masonry and concrete Mobile asphalt laboratory testing
Welder certification
Concrete sampling and testing, including slump, air content, casting test cylinders, and compression testing
Masonry sampling and testing, including block units, prisms, block shrinkage, mortar strength, grout strength and cores of completed
Shotcrete sampling and testing, including slump, casting test panels, and compression testing
Sampling and testing of reinforcing steel, torque testing, Bolt tension testing
Bolt torque testing
Asphalt, concrete, and grout mix designs and review of contractor submittals Soil samples will be tested in the laboratory to determine various engineering properties. The following types of tests are anticipated:
• Unit weight and moisture
• Expansion index
• Maximum density vs. optimum moisture
• Angle of internal friction and cohesion
• One dimensional consolidation
• R -value
Atty. Rev. 2021
EXHIBIT "B"
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00.
I I. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Contractor shall present the bill for charges by the second day of the month.
C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
I I I. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Atty. Rev. 2021
ENGEO
— Expect Excellence
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAUMARINE GEOTECHNICS
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
Effective February 2022
President $450.00 per hour
Principal $350.00 per hour
Associate 3290.00 per hour
Subject Matter Expert 3400.00 per hour
Senior .. _ . $250.00 per hour
Project. $225.00 per hour
Staff $198.00 per hour
Assistant $160.00 per hour
Construction Services Manager II $205.00 per hour'
Construction Services Manager I 3192.00 per hour'
Senior Field Representative II 3170.00 per hour!"
Senior Field Representative I 3150.00 per hour!"
Field Representative $140.00 per hour•/'•
Senior Laboratory Technician 3175.00 per hour
Laboratory Technician 3155.00 per hour
Senior GIS Analyst $180.00 per hour
GIS Analyst 3170.00 per hour
Senior CAD Specialist 3170.00 per hour
CAD Specialist . 3155.00 per hour
Network Administrator $250.00 per hour
Project Assistant $140.00 per hour
• Two-hour minimum portal to portal and cancellations within 24 hours OVERTIME RATES Rates increased by factor of 1.5 for all hours worked in excess of eght (8) Monday through Fnday. and the first eight (8) hours worked on Saturday Rates increased by factor of 2.0 for all hours worked in excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays For Prevailing Wage projects, increase the hourly rate by 318 Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.), rates increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of eight (8)
ADDITIONAL SERVICES OFFERED
In addition to our core services of geotechnicai, hydrologic and environmental engineering, including construction -phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts (GHAD) and for Entitlement and Permitting Support (EPS). For more information about these services and associated pricing, please contact ENGEO at (925) 866-9000.
OTHER FEES
• Equipment and materials will be charged in addition to the above hourly rates • Outside Consultants, Subcontracted Services and Equipment Rental Cost plus 20% • Deposition, Mediation, Arbitration, or Court Appearance (Minimum Charge) $2,400.00 half day, $4,800.00 full day TERMS
Invoices will be submitted at completion of work or at approximately four week intervals and are due and payable upon receipt.
Statements will be issued at monthly intervals Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5 percent per month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney's fees and costs as the court may deem reasonable until amount is paid Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted annually. Our fees will be billed using an invoice format produced by a standardized accounting software package. A more customized itemization of charges and backup data will be provided upon Client's requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, client agree to limit ENGEO's liability to Client and all other parties for claims arising out of our performance of the services described in the agreement The aggregate liability will not exceed 350,000 (or ENGEO s fee, whichever is greater but not more than 31,000,000) for professional acts, errors, or omissions. including attomey's fees and costs that may be awarded to the prevailing party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the monetary limit established above.
Atty. Rev. 2021
EQUIPMENT AND MATERIALS CHARGES
Air Content Meter
Bailers (Disposable)
Coatings Thickness Kit (eg. Fireproofing, Protective Paint) Concrete Crack Monitor
Coring Machine
Double -Ring Infittrometer
Electronic Water Level Indicator
Engineering Analysis Software
Equipment Transport(er)
Exploration Equipment (Electric Auger)
Floor Flatness/Floor Level Equipment
Generator
GIS Website Portal Maintenance 100.00 month
GPR/GPS Handheld Device
GPR/GPSIDrone Survey Grade Equipment 210.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull -Test Equipment 25.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 25.00 hour
Moisture Content Test Equipment 8.00 hour
Multi -Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter
Photo Ionization Detector
Reinforcing Bar Locator 100.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Matenal 5.00 hour
Schmidt Hammer 20.00 hour
Seisometer
Skidmore Wilhelm Bolt Tension Calib.
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour Torque Wrench 15.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 50.00 hour
Vapor Emission Test Kit 40.00 kit
Vector Conversion 80.00 conversion
Vehicle, nuclear gauge, equipment, wireless communication. 33.00' hour 'Add $5.00/hr. for RTK enabled autotesting equipment.
Vehicle, equipment, wireless communication
Vibration Monitor
Water Sampling Pumps
Bndge Toll
Mileage
Parking
AutoCAD, Civil 3D, GIS. Drone Data Processing
Photocopies Black & White
Photocopies Color 11 x 17
Photocopies Color 8Y x 11
Plot - Black & White
Plot - Color
Postage
Scan - Black & White
Scan - Color
Telephone
DESCRIPTION COST PER UNIT (5) UNIT I
hour
each
hour
each
hour
hour
7 00
10.00 30.00
20.00 30.00
50 00
5 00 hour
45 00 hour
100.00 hour
50.00 hour
40.00 hour
15.00 hour
10.00 hour
10.00 hour
20.00 hour
50.00 hour
40.00 hour
23.00 hour
1800.00 month
February 1. 2022
20.00 actual
.98
actual
29.00 0.25
1.50 1.00
3.00 4.00
actual
1,50
3 75
0 50
hour
actual
mile
actual
hour
each
each
each
square foot
square foot
actual
each
each
minute
SWAN er'gFo corn
Atty. Rev. 2021
ENGEO
— Expect Excellence
LAB
•
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAUMARINE GEOTECHNICS
SUMMARY OF LABORATORY FEES
Effective February 2022
Our Laboratories are accredited by AASHTO, Caltrans, OSA, and the US Army Corps of Engineers IF ST
SPECIFICATION
STANDAR
TURNAROUND TURNAROUND
(BUSINESS STANDARD (BUSINESS RUSH
DAYS( • PRICING DAYS(. PRICING'
SOIL AND ROCK
8800 Caltrans Relative Compaction, CT216 3 $400 Same Day $800 9100 Clay Lumps and Friable Particles, ASTM C142 _ 5 $105 Next Day $210 9130 Cleanness Value, CT 227 each 5 $250 2 $500
8310 Compaction, ASTM 01557 (A -C) 4 $350 2 $700
8311 Compaction Point, AASHTO T272 4 $370 2 $740
8312 Compaction, ASTM-1557 (A -D) or ASTM-0698 with Correction 4 $420 2 $840 8313 Compaction, ASTM 1557 (A -D), Same Day Preliminary Results 1 $730 N/A N/A 8314 Compaction, ASTM-1557 or ASTM-0698, Same Day with Correction 1 $840 N/A N/A 8315 Compaction, Rods Correction, ASTM D4718 4 $94 Next Day $187 8316 Compaction, ASTM D4253, Vibratory Table 4 $440 2 $880 6317 Compaction, Cemented Treated, ASTM D558 5 $440 3 $880 8220 Consolidation — Incremental Loading ASTM 02435, Method A 32 $600 16 $1,200 8221 Consolidation — Incremental Loading ASTM D2435, Method B 32 $635 18 $1,270 8230 Consolidation, ASTM D2435 Unload — Reload Cycle 4 $80 2 Additions) $180 8410 Consolidation — CRS, ASTM D4186, Depths from 0 to 75 feet 5 $650 4 $1,300 8411 Consolidation — CRS. ASTM 04188. Depths from 75 feet and below 5 $770 4 $1,540 and/or stiff Gays
Additional Unload — Reload Cycle (for CRS, Lab Code 8410 and 8411 only) 8412 Stress Range. 1 - 5 ksf Variable $170 N/A $340
8413 Stress Range 5 - 10 ksf Variable $255 N/A $510
8414 Stress Range: 10 -15 ksf Variable $340 N/A $880
8415 Stress Range: 15 - 20 ksf Variable $420 N/A $840
8184 Deep Soil Mix (OSM) Compression Test 5 $94 2 $188
8201 Direct Shear — CD, Additional Cycles (per point) ASTM 03080 2 $82 N/A 5164 8202 Direct Shear — CD, (2 -points) ASTM D3080 8 $560 5 $1,100 8203 Direct Shear — CD, (3 -points) ASTM 03080 12 $770 8 $1,540 8204 Direct Shear — CD, (4 -points) ASTM 03080 16 $950 12 $1,900 8451 Direct Shear — CD, (Additional Point) ASTM 03080 5 $275 3 $550 8991 Cycic Simple Shear Test (CSS). ASTM D8296 5 $2,100 5 $4,200 8992 Monotonic Simple Shear Test, ASTM D8528 - NOT AVAILABLE AT THIS TIME 5 $1,000 5 $2,000 8900 Durability Index, CT229 5 $275 Next Day $550
8320 Expansion Index, ASTM 04829
8 $450 4 $900
8321 Expansion Index, ASTM D4829 - Lime Treated in Lab
Dependent Dependent
on are $495 on cue $990
time time
9830 Fine Aggregate Angularity Percentage. CT 234, AASHTO T304, Method A 5 $180 Next Day $320 8990 Laboratory Miniature Vane Shear (peak Value), ASTM D4648 5 $140 Next Day $280 8180 Moisture Content & Unit Weight ASTM D7263 5 $68 Next Day $138 8140 Moisture Only, ASTM 02218, CT 228 5 $45 Next Day $90 8150 Moisture Only, ASTM 04843, CT 370 (By Microwave oven) 5 $110 Same Day $220 9690 Organic Content of Soil ASTM D2974 5 $180 Next Day $380 9090 Orgatic Impurities, ASTM C40 5 $180 Next Day $320
9120 Percent Crushed Particles, CT205 5 $185 Same Day $370 Fabnury 1, 2022 Page 1 of 5
WYNi engeo.Com
Atty. Rev. 2021
SUMMARY OF LABORATORY FEES
Effective February 2022
Our Laboratories are accredited by AASHTO, Caltrans. DSA, and the US Army Corps of Engineers LAB
TEST
SPECIFICATION
STANDARD -U H
TURNAROUND TURNAROUND
(BUSINESS STANDARD (BUSINESS RUSH
DAYS) ' PRICING. DAYS'. PRICING'
9110 Percent Flat or Elongated Particles, ASTM D4791, CT 235 8960
8040
Soil pH. percent Lime for Stabilization, ASTM D6276 (Eades and Grimm) Hydraulic Conductivity. Falling Head or Constant Head, ASTM 05084 Crrrenty Unavailable
8870 Soil pH, ASTM D4972. CT 643
8190 Plasticity kidex, Dry Method - ASTM 04318
8191 Plasticity Index, Wet Method - ASTM D4318 (ASTM Default method) 8510 Rods Core Unconfined Compressive Strength, ASTM D7012 8970 R -Value - Lime Troated, ASTM D2844 CT301
8290 R -Value, ASTM 2844, CT301
8280 Sand Equivalent, CT 217, ASTM D2419
8261 Dry Sieve, ASTM 01140, C117
8262 #200 Wash, ASTM D1140, C117
8283 Sieve & #200 Wash, ASTM D422, 06913, C136, CT202
8284 Sieve & Hydrometer, ASTM D422, 07928
8250 Specific Gravity, ASTM D854
5 5
$210
$440 Next Day $880
Same Day
$420
8 $550 4 $1,100
5 $110 Same Day $120
5 $270 Next Day $540
5 $270 Next Day $540
5 $315 Same Day $330
8 $560 3 $1,100
8 $475 3 $950
5 $215 Nerd Day $430
5 $170 Next Day $340
5 $120 Next Day $240
5 $190 Next Day $380
5 $300 2 $600
5 $250 Next Day $500
$132 Per $266 Per
5 Size Next Day Size Fraction
Fraction
8251 Specific Gravity. ASTM C127 or C128
Dependent
8660 Specimen Remolding and/or Lab Mixing (per specimen) Varies $130 on type of $260 remolding
8240 California Bearing Ratio (CBR), ASTM D1883 4 $265 Next Day $530 Dependent
70/ 5540/
9070 Sulfate Soundness, CT 214, ASTM C88 6 Fraction on number Fraction of fractions
8111 Sulfate Testing in Soils ASTM C1580 5 $220 Next Day $440 8490 Swel Test A. per point ASTM D4546 - 2004 5 $370 4 $740 8500 Swell Test B, per point ASTM 04548 - 2104 5 $400 4 $800 8601 Swell Test C, per point ASTM D4546 - 2004 5 $350 4 $700 8491 Swell/Collapse Test A per point ASTM 04548 8 $375 4 $750 Dependent
8503 Swell/Collapse Test B, per point ASTM 04546 5 $375 on material $750 behavior
Dependent
8602 SweWCdlapse Test C, per point ASTM D4548 5 $400 on material $400 behavior
8170 Son Cement — Wet/Dry Dvabdity, ASTM D559 Vanes $1,250 N/A $2,500 Dependent
on number
8360 Vanes Triaxial Compression — CU, Single Specimen, Multistage Test Vanes $1,050/ of stages $2,1001
ASTM D4767 - Modified Stage and hl8lenel Stage
type
8340 Isotropic Triaxial Compression —CU (1- point) ASTM 04787, USAGE 5 $580 4 $1,160 8341 Isotropic Triaxial Compression — CU (2 points) ASTM D4767, USACE 9 $1,160 8 $2,320 8342 Isotropic Tnaxial Compression — CU (3 points) ASTM D4767. USAGE 14 $1,825 12 $3,660 8343 Isotropic Tnaxial Compression — CU (4 points) ASTM D4787, USACE 18 $2,350 15 $4,700 8330 Isotropic Tnaxial Compression — UU (per point) ASTM 02850, USACE 5 $210 Next Day $420 8180 Unconfined Compression - Soils, ASTM D2168 5 $140 Next Day $280 8181 Unconfined Compression, Lime/Cement-Treated Soil ASTM 18 $365 9 $730 D5102/D1633
8182 Unconfined Compression, Lime/Cement-Treated Soil CTM 373 18 $1,050 9 $2,100
February 1, 2022 Page 2 or 5
wrnv.engeo.com
Atty. Rev. 2021
SUMMARY OF LABORATORY FEES
Effective February 2022
Our Laboratories are accredited by AASHTO, Caltrans. DSA, and the US Army Corps of Engineers LAO
CODE
8183 Unconfined Compression, Lime/Cement -Treated Soil, Additional points Unconfined Compressive Strength Testing, Soil-Cement-Bentonite Slurry (field sample), ASTM D1633
8661 LA Abrasion (Rattler), ASTM C131, CT 211
CONCRETE
TEST
SPECIFICATION
STANDARD RUSH
TURNAROUND TURNAROUND
'BUSINESS STANDARD (BUSINESS
DAYS)' PRICING' DAYS''
RUSH
PRICING'
8179
9220
9013
9014
9320
9330
9941
9940
9340
9020
9950
9060
9080
9060
9000
Absorption, ASTM C842
Shotcrete, Field cores (cored i i the field), per core, ASTM C42 Shotcrete, Lab cores (Cored from panels in the lab), per core, ASTM C42 Compression Test, per 6' x 1Y cylinder, ASTM C39
Compression Test per 4' x r cylinder ASTM C39
Flexural Strength of Concrete Beams (4'x4'x14') ASTM C78 Flexural Strength of Concrete Beams (8'x8'x20") ASTM C78 Compressive Strength of Lightweight Insulating Concrete (ASTM C495) Core Tnmming, In Laboratory
Thickness of Drilled Concrete Cores, ASTM C174
Laboratory Trial Batch, ASTM C192, Including Test Cylinders Length Change (3 bars, 4 readings, up to 90 days), ASTM C157 modified Slab Moisture Determination Test lCil
Unit Weight of Lightweight Concrete Cylinders (ASTM C495) $60
9 Dependent on
the specified $200
break schedule _
4 $230
6 5
5 5
5 5
5 5
5 5
5 28-90
5 $120
Dependent on
the speofleo $400
9reak schedule _
2 $460
$475 Next Day $950
$110 2 $220
$175 2 $350
$48 Same Day $96
$44 Same Day $88
$135 Same Day $270
$150 Same Day $300
$185 Same Day $330
$70 Same Day $140
$40 Same Day $80
$1,000
$810
$40
Same Day
28-90
Next Day
$2,000
$1,220
$80
CONCRETE MASONRY UNITS
5 $60 Next Day $120
9160 Compression, ASTM C140
9140 Moisture Content as Received, Absorption ASTM C140
MASONRY PRISMS
5 5
$120
$80
Same Day $240
Need Day $160
9190 Compression Test Grouted Prisms, ASTM C1314
9200 Trimming Grouted Prisms
5 5
$325 Next Day $660
$150 Next Day $300
MORTAR & GROUT
9250 Compression Test 2' Mortar Cubes, ASTM C109
9240 Compression, Grout Prisms, ASTM C39
9230 Compression, Mortar Cylinder, ASTM C39
$70 Next Day $140
5 $72
5 $70
Next Day
Next Day
$144
$140
ASPHALTIC CONCRETE
8010
8020
8070
AC Correction Factor, ASTM D6307, CT 382
RAP Aggregate Gradation Correlation Factor, Celtra is LP -9 AC Maximum Density (Avg. of 3 Briquettes) 01188. CT308
8071 AC Maximum Density (Avg. of 3 Briquettes) D1188, CT 308 (S -Value is performed prior to LTMD)
WA
N/A
WA
N/A
N/A
N/A
WA
N/A
N/A
N/A
N/A
N/A
$625
$3,000
$620
$550
8080 AC Maximum Theoretical Unit Weight ASTM 02041, CT 309 (Rice Specific Gravity)
9460 Asphalt Core Density (4' Core), ASTM 01188, ASTM 2726, CT308 9481 Asphalt Core Density (6' Core), ASTM D1188, ASTM 2728, CT 308 9462 Thickness of Aspnatt Cores, CT 306
8532 Extraction by Centrifuge ASTM 2172
8531 Extraction by Ignition Oven, ASTM D8307, CT 382
8533 Extraction by Reflux Extractor, ASTM D2172 — Method B 8050 Stability Test (Avg. of 3 Briquettes), ASTM 01580, CT 388, (w/o Max. Density test)
8060 Marshall Stability and Flow of Bituminous Mixtures, ASTM D6927 WA N/A
N/A $470
February 1, 2022 Pegs 3d6
N/A
N/A
5 WA
N/A
N/A
N/A
5 N/A
N/A
$42
N/A
N/A
N/A
N/A
N/A
WA
2 WA
N/A
N/A
N/A
$140
$165
$84
$550
$420
$860
$850
$350 3 $700
rnvw ergeo corn
Atty. Rev. 2021
18 SUMMARY OF LABORATORY FEES
Effective February 2022
Our Laboratories are accredited by AASHTO, Caltrans, DSA, and the US Army Corps of Engineers IAR
GUUF
TEST
SPECIFICATION
STANDARD RUSH
TURNAROUND TURNAROUND
BUSINESS SIANDARU !BUSINESS RUSH
HAYS) * PRICING' DAYS). PRICING.
VOLUMETRIC PROPERTIES OF F#IA
9880
9800
9870
9840
9680 Effective Asphalt Binder of Volume. CT 367 N/A N/A WA $210 9690 Effective Binder Content. CT 387 WA N/A N/A $210
9580 Effective Spealtc Gravity of Aggregate-Admb(ture Blend, CT 367 N/A WA N/A $210 9620 Void Filled VVlth Asphalt CT 367, LP -3 N/A WA WA $210 9610 Voids in Mineral Aggregate CT 387, LP -2 N/A N/A N/A $210 Note. Lab fees for volumetric properties of HMA per CT 367 are based on tests CT 202. CT 308, CT 309, and CT 382 have been completed.
FIREPROOFING
9990 Oven Oly Density. Fireproofing, per sample 5 $110 Next Day $220 Absorbed Asphalt Binder CT 367
Air Void Content
Bull( Spe c Gravity — Admixture Blend CT 367
Dust Proportions. CT 367, Caltrans LP -4
N/A
N/A
WA
WA
WA
N/A
WA WA
N/A N/A
N/A WA
S210
$210
$210
$210
February 1, 2022 Papa 4 of 5
vevw.arlpeae m
Atty. Rev. 2021
SUMMARY OF LABORATORY FEES
Effective February 2022
Our Laboratories are accredited by AASHTO, Caltrans. DSA, and the US Army Corps of Engineers • *Rush turnaround times are calculated based on the average minimum time required to complete the test and remain compliant with the applicable test standard.
• *Rush turnaround time prioritizes rush testing over other requested testing and dedicates a technician to complete the rush testing as quickly as possible Rush turnaround times are estimates only and do not guarantee test completion within the estimated rush testing timeframe
*Test turnaround time is the amount of time required to perform the test once started. Test start times are dependent on available labor and equipment. Please contact Lab Services at labservices@engeo com to determine equipment capacity and availability. Turnaround times are estimates only and do not guarantee test completion within the estimated testing timeframe.
*The testing fees and test durations listed reflect the standard business hours required to perform the test Samples requiring premium handling will incur additional hourly personnel charges in accordance with the Laboratory Technician Rate presented on our Fee Schedule
• Add three days to the estimated test duration for soil testing that requires remolded specimens • The above fees are reviewed annually and are subject to change. Additional tests are available upon request. • Prices exclude field collection and transportation to the laboratory • Supplemental fees for laboratory preparation of specimens are charged on an hourly basis. • Where tests are to be run on an immediate need basis (tests to be initiated out of order received and regardless of status of other previously received samples), the expediting fee is 100% of the listed unit rate. • Sample storage is $110 per month per cubic yard of storage space. • There is a 3:00 pm cut-off time for sample delivery/test start time Turnaround times are based on samples delivered to the laboratory before 3:00 pm Turnaround time on samples received after 3:00 pm will begin at 700 am the following business day • Concrete/masonry compression breaks requested prior to the scheduled break date andror prior to 7:00 am will be considered rush testing requests and billed a rush fee
• Witness testing will be billed at S150.00/hour per individual witness. Needs a labor code 1 unit = $' 50.
There a a 100% increase in fees per test for testing contaminated samples • Disposal charges for contaminated samples will be billed to the project on a time -and -expense basis • All project required weekend work is billed directly to the project with a 2 -hour minimum charge • Samples requinng premium handling, such as searching for testable portions (Shelby, D&M tubes, etc ). will be billed on a time -and -expense basis to the project
Fe6nary 1, 2022 Pages ^i
Atty. Rev. 2021
EXHIBIT "C"
INSURANCE
INSURANCE REQUIREMENTS
Provider 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 Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Atty. Rev. 2021
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Seif-insured Retentions
Seif-insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
Atty. Rev. 2021
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2021