ATTACHMENT B
1 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
GEOCON WEST, INC.
FOR
ON-CALL GEOTECHNICAL AND ENGINEERING TESTING SERVICES,
PROJECT CC24-068
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “ City”, and Geocon West, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Geotechnical and Engineering Testing Services as described in the Request for Qualifications (“RFQ”) issued for Project No. CC24-068 (the “Project”); and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On-Call Geotechnical and Engineering Testing Services; and
WHEREAS, Consultant represents and warrants that it i s fully qualified and appropriately licensed to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, On-Call Geotechnical and Engineering Testing Services.
NOW THEREFORE, IN CONSIDERATION OF THE COVENA NTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
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Section 2. SCOPE OF SERVICES; NON-EXCLUSIVE AGREEMENT
a. Subject to subsequently-executed work authorizations, which may take the form of City purchase orders or task orders, dependent upon the scope and nature of the work, Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference, on an on- call, per request basis. In the event of a conflict with or inconsistency between the terms of this Agreement and Exhibit “A”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Agreement. Consultant’s obligations hereunder shall further include all terms and conditions set forth in the RFQ for the Project identified in the above Recitals (including any City-issued Addenda pertaining thereto). Said RFQ is incorporated and made part of this Agreement by this reference.
b. Consultant acknowledges that this Agreement is non-exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL AUTHORIZATION(S)
a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty -five Thousand and 00/100 Dollars ($125,000.00) during the Initial Term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000) if both one- year extensions are granted. However, actual payment of compensation to Consultant will only be made based upon the City’s subsequent request(s) for work/services or per project requests for quotes as set forth in Section 4, below.
b. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements : (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement (as limited by subsequent requests for work/services or per-project agreements issued in the manner set out in the RFQ and herein). In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s Fee Schedule attached hereto as Exhibit “B”, but only for such services/work as are authorized by subsequently executed work authorizations, which may take the form of City purchase orders or task orders. b. City may request that C onsultant perform non -complex or limited duration on- call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more comp lex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s payments to Consultant exceed the compensation amount set forth in Section _3.a. No purchase order, task order or other work authorization can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, 3 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
this On-Call Agreement Project Number (CC24-068) and a project number, work authorization number, or purchase order number issued by the City for services requested to identify a specific City job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On- call Agreement’s total contract expenditures to date. Provided that ser vices have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt. In the event of a conflict or inconsistency between this Agreement and Consultant’s Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing w age rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Consultant and its subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, the Geotechnical and Engineering Testing Services, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant, its subconsultants and/or subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Consultant or subconsultant herein.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section 5 shall control, and nothing herein shall be considered as an acceptance of the terms of Consultant’s Scope of Services, Scope of Work, or Fee Schedule which conflict with the provisions of this Section 5.
d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
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(1) Consultant and Subconsultant/Subcontractor Obligations. Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Consultant and or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record . A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to comply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten- day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor.
(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements. Consultant has the responsibility for and shall comply w ith all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two 5 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.
(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR. Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.
Section 6. TERM OF AGREEMENT
Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of Two (2) years, commencing on the date of full execution of the Agreement and expiring Two (2) years from the Commencement Date (the “Initial Term”). From and after said expiration date, and upon subsequent written Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Two (2) additional one-year period(s) (each hereinafter an “Option Period”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the Initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee.
The Parties hereto warrant and represent that Consultant is an independent contractor and not an 6 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068 employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. b. N
othing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant.
The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement. c. A
ny provision of this Agreement that may appear to give the City a right to di rect C
onsultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. NOT AGENT OF THE CITY
a. N
othing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. C
onsultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 9. PRINCIPAL REPRESENTATIVES
a. Neal Berliner, GE, President , or his/her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Fredy A. Bonilla, PE, City Engineer, or his designee (hereinafter “City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement, and such other functions and duties as are specified elsewhere in this Agreement. c. Either Party may designat e another individual as its principal representative by giving written notice of such designation to the other Party.
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Section 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, all business licenses, including but not limited to, a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to City’s Project Manager.
b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent purchase or task orders issued for individual on- call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform A ct (Government Code § 81000 et 8 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
seq.), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement or which would constitute a violation of any conflict -of-interest law, including Section 81000 et seq. or Section 1090 et seq. of the California Government Code. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.
d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
e. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
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(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation. Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to refl ect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment . The policies shall be endorsed to provide that in t he event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancell ation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non- Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements. The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant 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 the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination or expiration of th is Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
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e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Request for Qualifications for On- Call Geotechnical and Engineering Testing Services, CC24-068, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Neal Berliner, GE, President
Geocon West, Inc.
2015 West Park Avenue
Redlands, CA 92373
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of termination, the City 12 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “ City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
13 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
Section 24. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents.
Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
14 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
Section 30. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate, or defective work is due to the negligence of Consultant. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 36. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
15 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exe rcise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy, including termination, or damages by initiating legal proceedings.
Section 37. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 39. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. 16 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
Section 42. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
17 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
CITY OF VICTORVILLE GEOCON WEST, INC.
By: By:
Name: Elizabeth Becerra Name: Neal Berliner, GE
Title: Mayor Title: President
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
18 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
EXHIBIT A
SCOPE OF SERVICES
CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-1
SECTION C – SCOPE OF SERVICES
1. CITY BACKGROUND
The City of Victorville covers approximately 74 square miles and is home to roughly 134,000 residents, 20 city parks, six major retail centers, and three industrial parks, which include the Southern California Logi
stics Airport (SCLA). The City also offers multi-modal transportation capabilities by bringing together ground, rail, bike lanes, and air transportation for businesses, with easy access to the I-15, US-395, and SR
-18. The City has approximately 450 centerline miles of roadways. The City also operates a citywide water district, and a wastewater treatment plant. On average, the City budgets 13 million dollars in capital improvement infrastructure and rehabilitation projects each year.
2. PRELIMINARY S COPE OF SERVICES
The Preliminary Scope of Services outlined herein is not intended to be comprehensive nor exclusive; it merely sets forth a general outline of anticipated work that may be expected. In general, the City requires the technical expertise of a consultant to provide geotechnical sampling and materials testing services f
or a range of public works and water projects throughout the City. This may include preliminary soil investigations and/or an analysis of existing site conditions to provide recommendations for future dev
elopments. More typical work may include special inspections of road work and underground utility work. This may further include sampling and testing of PCC concrete, collecting soils samples, conducting in-place relative density testing for base, subbase & subgrade soils, and the testing of asphalt compaction. Documentation of services provided will include detailed daily field reports of special inspections of construction activities/observations with labeled photographs and results of material testing. Monthly progress reports and the necessary equipment to perform the observation and testing ar
e expected for construction projects. All soils testing shall be conducted in accordance with ASTM Standards. All concrete testing shall be conducted in accordance with ASTM and/or ACI Standards. All t
echnicians and special inspectors shall be certified to perform and conduct laboratory and field tasks assigned by the Consultant. Therefore, the Consultant is expected to be able to perform, coordinate, and m
anage the completion of tasks described in this Section. The following is a preliminary scope of services/work that covers a variety of tasks, including but not limited to the following:
A Geotechnical Services
The scope of work for geotechnical services may include:
- Open excavation or bore sampling
- Laboratory testing of soil contaminants, determination of soil properties - Ground water levels/hydraulic conductivity
- Trench stability
- Slope/soil stability
- Shorting requirements
- Report of observations, testing and recommendations
B Soil Special Inspection & Reporting Services
The scope of work for soil special inspection and reporting may include:
- Earthwork observation
- Soil Sampling
- Aggregate Base Sampling
- Sub-excavation Observations
- Unclassified Cut, Haul & Compacted Fill Observations
- Soil Compaction Testing of Fill
- Soil Compaction Testing of Trenches
- Sub-grade Compaction Testing
- Aggregate Base Compaction Testing
EXHIBIT A
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Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-2
- Probing Material Compaction Adjacent to Structures
- Daily field reports
- Monthly summary reports
C Concrete/Masonry Special Inspection & Reporting Services The scope of work for concrete/masonry special inspection and reporting may include:
- Concrete/masonry Placement
- Concrete Sampling & Testing
- Mortar Sampling & Testing
- Grout Sampling & Testing
- Daily field reports
- Monthly summary reports
D Asphalt Concrete Special Inspection & Reporting Services The scope of work for asphalt concrete special inspection and reporting may include:
- Plant Inspection, Sampling of Aggregates
- Asphalt Sampling, Plant/Field
- Asphalt Laydown & Compaction Effort Observation
- Tack Application & Spread Rates
- Asphalt Compaction Testing
- Pavement Fabric Applications
- Smoothness Testing
- Daily field reports
- Monthly summary reports
E Pavement Evaluation, Analysis & Recommendations Services The scope of work for pavement evaluation, analysis, and recommendations may include:
- Coring, Sampling & Loging Soil Profile of Existing Pavement Structural Sections - Soil Sample Testing
- Structural Section Recommendations
- Surface Treatment Recommendations
- Quality Assurance Verification of Constructed Structural Section - Pavement Evaluation and Recommendation Report
F Standardized ASTM Laboratory Testing & Reporting Services The scope of work for laboratory testing and reporting may include but not be limited to:
- Soil Max Density & Optimum Moisture Content
- Soil Sand Equivalent
- Soil Gradation Sieve Analysis
- Aggregate Gradation Sieve Analysis
- Marshall Stability
- Marshal Density
- Asphalt Extraction-Solvent
- Sieve on Extracted Sample
- Theoretical Maximum Density
- Concrete Compressive Strength Testing
- R value
3. P ROJECT PERSONNEL
The Consultant shall provide project personnel who demonstrate competency and understanding of the tasks to be performed. The Consultant’s staff is expected to have experience performing tasks listed in
EXHIBIT A
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CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-3
the Preliminary Scope of Services described herein and be capable at a minimum of performing the additional tasks listed in this S ection. Sub-consultants, if required, shall have previous experience completing the tasks being performed by the sub-consultant.
A Project Engineer (PE)
The Consultant (PE) shall be a licensed engineer i n responsible charge for all work as directed which may include quality assurance of field and laboratory work, certifying material test results, both laboratory and field comply with project specifications, reports of investigations or construction summaries, providing recommendations.
B Managers (PM)
Consultant managers or project managers (PM) shall be responsible for laboratory & field oversight during the construction as needed. They may be responsible for determining the frequency of material testing in accordance with the City of Victorville Quality Assurance Program (QAP) Manual, coordinating with the City project manager and or public works inspectors. The City may waive some requirements of the QAP; therefore the manager must confirm the extent of laboratory tests required and frequency with the City prior to performing the work. The PM shall be responsible for submitting certifications of qualifications for individuals to perform quality assurance testing of materials both in a laboratory and in the field. Other PM work may include reviewing daily field reports, test results and verifying that certified individuals performed the work and the individual who performed the work are listed on reports submitted to the City. The PM shall be responsible for determining the completeness and clarity of work performed & observations reported in daily field reports from field personnel. The PM shall review lab test results to ensure completeness & compliance with test standards, that the standard requirements are listed on the test results. The PM may also be the PE. The PM shall ensure the submittal of reports to the City containing results of daily special inspection activities and test results are provided no later than 48 hours after the date of completion. Any laboratory tests performed on materials that do not meet specification requirements shall be reported immediately to the City project manager.
C Special Inspectors/Technicians
The Consultant shall provide experienced special inspectors and te chnicians with certifications
issued by ACI, ICC, NICET and/or AASHTO to perform the respective field observations, sampling and test methods utilized. For construction projects, the inspector will provide quality assurance testing and observations of contractor’s work to ensure conformance to plans and specifications. The inspector shall be responsible for reporting any observations or field tests performed on materials that do not meet specification requirements (failed) immediately to the City project manager or public works inspector. Daily Field Report (DFR) containing observations of work performed, where (street, alignment, STA, etc.), with what equipment, any issues etc., with or without test results shall be provided. One (1) original signed hard copy of all DFRs shall be submitted at the close of the project in the final project report with one (1) digital copy. Digital DFRs & test results are due to the City within 24 hours. The inspector does not provide the contractor with directions on how to proceed with the work , only test results . Copies of certifications for special inspectors and technicians shall be provided to the City prior to the start of work. The Consultant shall obtain prior written approval from the City for replacement of team members for any reason.
D Laboratory Technicians
T
he Consultant shall provide experienced laboratory technicians certified by ACI, ICC, NICET or AASHTO to perform the respective test methods utilized. Laboratory and technician certifications shall be provided to the City prior to the start of work.
EXHIBIT A
21/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-4
4. EXTRA WORK
Extra work is new or unforeseen work performed by the Consultant when the City determines that it is not covered by the Scope of Work in a project. No extra work is authorized without written approval from the City. The Consultant shall immediately submit a Request for Information (RFI) to the City to inform the City of a situation, suggest recommendations, provide estimated costs, and request authorization to p
erform any extra work.
5. PROJECT RECORDS AND DOCUMENTS
The Consultant is required to maintain all required records at its office for the duration of a construction project and submit to the City copies upon request. All draft reports, final reports, or other documents shall be typed and wet signed by the author. Handwritten documents will not be accepted. The City, its duly aut
horized representatives, and other jurisdictional agencies shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to a project) for the purpose of making an au
dit, examination, excerpts, and transcriptions. The City will be the owner of all original documents, and digital information.
6. UNIT PRICES
The Consultant shall provide unit prices in the Fee Schedule based on the Preliminary Scope of Services and such other related or similar services offered by Consultant that are not described therein.
For
field inspectors/t echnicians engaged in construction projects, the Consultant shall provide a unit price for all direct and indirect costs for each classification. The maximum billable time for a technician to arrive at a project site and perform no work due to cancellation shall be two (2) hours. The billable time for a workday shall be at a minimum of two (2) hours. ALL EQUIPMENT & LABOR REQUIRED
TO ENGAGE IN THE INSPECTION, SAMPLING, AND TESTING ( VEHICLE, TOOLS, TESTING A
PPARATUS(S), INCIDENTAL ITEMS) SHALL BE INCLUDED IN THE COST PER CLASSIFICATION UNIT HOURLY RATE. Travel time to and from the construction project site will not be reimbursable. The inspector/technician is expected to be onsite for the time billed to the project when work is performed and is required to check in and out with the City’s Public Works Inspector assigned to the project.
For example, t he F ee Schedule hourly unit price for a special inspector /technician engaged in construction inspection activities for a project shall include a unit cost to perform the following:
- Soils Inspector – earthwork/soils, daily field reports, observation, sampling, and relative density field testing of all placed, cut, fill, trench backfill, structure cut/fill soils and aggregates including vehicle, all tools, testing apparatus(s), and reporting/communication equipment. - Asphalt Inspector – asphalt concrete mixtures, daily field reports, observations, sampling and field testing of all placed asphalt including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Concrete Inspector – cement concrete mixtures, daily field reports, o bservation, sampling, and testing of concrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Shotcrete Inspector – cement concrete mixtures, daily field reports, o bservation, sampling, and testing of shotcrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
For laboratory work, AL L EQUIPMENT, MATERIALS & LABOR REQUIRED TO PERFORM LABORATORY WORK SHALL BE INCLUDED IN THE COST PER UNIT PRICE.
The City Engineer or his designated representatives reserves the right to request a substitute technician to ensure that the tasks being performed by the technician are to the satisfaction of the City
EXHIBIT A
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CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-5
representative; please submit the list of technician(s) available and their resumes prior to the start of work.
7. CONSTRUCTION SUPPORT
A. M eetings – The Consultant may be required to attend pre -construction meetings and additional meetings when requested by the City.
B. O
wner of Project Documents – The City will be the owner of all original documents, and digital information. All digital and/or computer-generated drawings shall be the property of the City and one (
1) or
iginal copy shall be submitted to the City.
D. D
ispute Resolution – In the event of a materials failure or a materials dispute over the course of the project, the materials engineer/technician who provided construction support and services shall be available to help, advise and provide additional testing or other services as required.
8. RIGHT OF WAY
It is anticipated that all work will be performed within the City Public Right of Way. No work is permitted on
private property without the written permission of the property owner. In the event work is performed on private property, the City or contractor will provide copies of consent forms upon request.
9. INFORMATION AVAILABLE FROM THE CITY
The project plans & specifications will be sent to the consultant when a request for a quote is issued.
Project specific material submittals will be available upon request from the City Project Manager during construction.
10. DELIVERABLES
For construction projects, the Consultant shall submit a monthly invoice which shall be accompanied by a progress report that summarizes the work completed within the period. The Consultant can only invoice f
or costs actually incurred before invoicing the City. All work shall be billed per the agreed unit prices set forth in the accepted quote or fee schedule.
A. For construction projects, a digital monthly progress report with each invoice including:
- Summary of work performed certified by PE stamp;
- Individual laboratory test results per test method performed & specification parameters; - Summary of Field testing by category, location, spec requirement and test results (include failed and retest results);
- Daily Field Reports including observations, daily field testing and test methods performed.
These documents may be transmitted electronically to the Project Manager B. For Construction projects, at the conclusion of the work and project closeout, the Consultant shall provide the City with an original hard copy and digital copy of all monthly progress reports and a final report summarizing the work performed wet signed by the principal engineer in responsible charge f
or oversight of laboratory and field testing activities for each project.
For soils reports, investigations, evaluations, and other reports not related to a project in construction requiring regular, monthly updates, the Consultant must submit a digital and original hard copy report with its invoice at the conclusion of the work.
EXHIBIT A
23/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068 24 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068
EXHIBIT B
F
EE SCHEDULE
S
ee Attachment
EXHIBIT B
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EXHIBIT B
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EXHIBIT B
27/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068