Loading...
HomeMy WebLinkAboutItem 8.5 BdgtAdjLandslideRprSRRd (2)CITY CLERK File #1 II lol l-L l 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 17, 1998 SUBJECT: Budget Adjustment for Capital Improvement Project to Repair Landslide Along San Ramon Road Agreement With Earth Systems Consultants for Geotechnical Services - San Ramon Road Landslide Repair Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) Budget Change Form Resolution Approving Agreement with Earth Systems Consultants Proposed Agreement RECOMMENDATION: 1) Approve Budget Change Adopt Resolution FINANCIAL STATEMENT: Estimated cost of a Capital Improvement Project to repair the landslide on the slope above San Ramon Road, as well as the smaller slide along Dublin Boulevard east of Silvergate Drive, is as follows: City Staff Administration Geotechnical Investigation, Testing and Construction Observation: Topo and Design (estimate): Construction (estimate) $ 5,000 $ 24,400 $ 20,000 $170,600 $220,000 The agreement with Earth Systems proposes a "Not to Exceed" amount of $24,400 for geotechnical investigation prior to design and for testing services during construction. This project is not funded in the current budget. A Budget Change from Unallocated Reserves will be required. There is a possibility that the City may be reimbursed through FEMA for some of the costs associated with this storm damage. Staff is applying for FHWA and FEMA assistance to offset the project cost. COPIES TO: Earth Systems Consultants ITEM NO. ~ gSmiscproj\srslide\earthsys DESCRIPTION: The City had previously identified a potential landslide on the westerly hillside above San Ramon Road between West Vomac Road and Alcosta Boulevard. The current Five Year Capital Improvement Program includes an unfunded project for stabilization of this slope. During the February storms, a landslide occurred which potentially affects private property and must now be repaired. In addition, a much smaller slide occurred along Dublin Boulevard west of Silvergate Drive above the newly paved bike path. It is recommended that this slide be repaired as part of the same project. As indicated in the Financial Statement above, the total estimated project cost is estimated to be $220,000. Staff is recommending that a budget change be approved to fund design and construction in the current fiscal year. The City's purchasing ordinance allows the selection of professional service providers such as engineers on the basis of qualification. Staff is recommending the hiring of Earth Systems Consultants as they performed the original study on this slope and identified this potential slide area. This agreement includes a study and design consultation ($4,400) and field inspection and testing services during construction ($20,000). The work would be billed on a time-and-materials basis, not to exceed the amounts proposed. Topography and design of the project is proposed to be carried out through a separate Civil Engineering contract, with construction to be bid as soon as the design is completed. Staff recommends that the City Council approve the budget change and adopt the resolution approving the agreement with Earth Systems Consultants. Page 2 RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH EARTH SYSTEMS CONSULTANTS FOR GEOTECHNICAL SERVICES - SAN RAMON ROAD LANDSLIDE REPAIR WHEREAS, a landslide occurred within the San Ramon Road right of way during the February storms; and WHEREAS, geotechnical engineering services are needed for design and testing services; and WHEREAS, Earth Systems Consultants has provided prior consulting services in this area; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with Earth Systems Consultants to provide geotechnical services for repair of the landslide; BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 17t~ day of March, 1998. AYES NOES: ABSENT: ABSTAIN: ATTEST: Mayor g:\agenmisc~resoesc City Clerk STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of March 17, 1998, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Earth Systems Consultants ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equiplnent which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and' any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. - 5. EXHIBITS. incorporated herein. All exhibits referred to herein are attached hereto and are by this reference 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resourpes available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the Agreement Page 1 of 2 03/09/98 project team ~vithout prior written approwd by the City. The Project Manager for Consultant shall be Bruce Gaviglit~. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Adlninistrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Earth Systems Consultants , 47853 Warm Springs Blvd. Fremont CA 94539-7400' (510) 353-0320; Fax (510) 353-0344 Any written notice tc City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a munic'voal~corporation ' tO "City" By "Consultant" Approved as to form: City Attorney Agreement Page 2 of 2 03/09/98 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER JOB NO. NLS-4150-02 DATED February_ 27, 1998 (ATTACHED). Exhibit A Page 1 of 1 Earth Systems Consultants Northern California 47853 Warm Springs Blvd. Fremont, CA 94539-7400 (510) 353-0320 FAX (510) 353-0344 File No. NLS-4150-02 February 27, 1998 City of Dublin 100 Civic Plaza Dublin, California 94568 Attention: Mr. Lee Thompson City Engineer Subject: Proposed Landslide Repair Hillside on West Side San Ramon Road Between Vohnac Road and Alcosta Boulewu'd Dublin, California PROPOSAL FOR GEOTECHNICAL ENGINEERING STUDY AND FOR ENGINEERING CONSULTATION, OBSERVATION, AND TESTING SERVICES Dear M,'. Thompson: As you have requested, we m'e pleased to submit a proposal to provide both a geotechnical engineering study, and observation and compaction testing services during construction of the landslide on the west side of San Ramon Road, Dublin, California. It is our understanding that the proposed project will consist of excavating the slide to a depth below its base and then placing back the excavated soil materials as engineered fill at a slope relatively equal to that of the ground adjacent to the north side of the slide; roughly 6:1 to 8:1 (Horizontal to Vertical). Benches and subdrains are anticipated to be implemented in the repair, as well. The scope of our study is described below. Geotechnical A. Engineering Study Excavation and logging of four test pits to observe the slide debris materials, the extent of its depth, and the condition of the soil materials at the base of the slide mass. A backhoe with an operator could be hired to do the excavating. A review of previous geotechnical and geologic literature associated with the subject site. A review of pertinent geologic luilps alld literature aud aerial photos associated with the subject slide area. Engineering analysis resulting in the compilation of a written report, presenting our findings and providing conclusions and recommendations relating to the following: · Soil conditions in the slide mass and at the base of the slide, including logs of test pits. File No. NLS-4150-02 February 27, 1998 Determination of the approximate slide mass volume based on the analyses of the subsurface exploration results. · Earthwork associated with the slide repair. · Surface and subsurface drainage. A stability analysis will not be performed because the finish slope gradients will be very shallow, roughly 6:1 to 8:1 (Horizontal to Vertical). The Soil Engineering Report for the subject site can be produced for a fee of $4,400.00. The test pit excavations with the backhoe could be accomplished within approximately one week of our authorization to begin work. Design criteria can be verbally transmitted to your design team within about 7 days of the completion of the exploration program. The written Geotechnical Engineering Study report would be issued approximately two weeks after completion of the exploratory work. The scope of our services will not include any environmental assessment or investigation for the presence or absence of hazardous or toxic materials in the soil, surface water, ground water, or air on, below, or proximal to the subject site. Engineering_ Consultation, Observation, And Testing Services This letter includes a rough cost estimate for providing our construction quality assurance (CQA) services. The CQA services will be provided to observe compliance with the recommendations included in our geotechnical study report for the subject project. Please note that the total cost of these services is dependent upon a number of factors, many of which are beyond our control. Among the cost determining factors are: · The number of working days required by the contractor to complete the grading activities. · The number of different soil types to be utilized during site grading. · The amount of difficulty encountered by the grading contractor in obtaining the specified compaction of materials. · Weather and subsurface conditions encountered during grading operations. · The amount of time our inspection services will be required each day of grading operations. For budget purposes you can assume a 4 week (time during ~vhich our service are required) landslide repair schedule. This time estimate is based on our experience on similar projects. We anticipate that our coverage will be provided on nearly tull-time basis during the site grading. Our actual fee will be based upon time and materials. Our current fees and fee rates are provided in our current Fee Schedule (attached). Based on our time estimation, we estimate our observation and testing services would range from $12,000. to $20,000. If you wish us to provide the above described geotechnical engineering study, please sign the attached work order and return one copy to us as our authorization or send us the City of Dublin's contract documents for our signature. Also enclosed are our Terms for Services which shall be considered part of the contract. File No. NLS-4150-02 February 27, 1998 If you have any questions or if additional information is desired, please give us a call. forward to being of service to you on this project. Very truly yours, EARTH SYSTEMS CONSULTANTS Northern California Bruce Gaviglio Senior Engineer Geotechnical Engineer #355 MGM/BG Copies: 1 to Addressee with Work Order and Terms for Services We look 3 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant a time and materials amount as indicated in the proposal and not to exceed the total sum of $24,400 for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed in accordance with the cost estimate. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt ora fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 03/09/98 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 03/09/98 EXHIBIT D GENERAL PROVISIONS o INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the fight to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Exhibit D Page 1 of 5 03/09/98 Minimum Limits of Insurance. Consultant shall maintain limits no less than: (2) (3) General Liability: $1,000,000 combined single limit 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 or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance 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 Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Exhibit D Page 2 of 5 03/09/98 (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the serVices specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. less than A:VIII. Insurance is to be placed with insurers with a Bests' rating of no F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. H. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Exhibit D Page 3 of 5 03/09/98 10. 11. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties Exhibit D Page 4 of 5 03/09/98 produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 5 of 5 03/09/98