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HomeMy WebLinkAboutCotton, Shires and Associates, Inc. (7)AGREEMENT BY THIS AGREEMENT made and entered into on the 25th day of March, 2005, by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as TOWN) and: Cotton, Shires And Associates, Inc. 330 Village Lane Los Gatos, CA 95030-7218 (408) 354-5542 (hereinafter referred to as CONSULTANT). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONSULTANT. Shall provide or furnish the following specified services and/or materials: Geotechnical investigation of pavement distress on Elena Road in the hairpin turn south of Foothill Lane as outlined in Exhibit "A." 2. EXHIBITS. The following attached exhibits hereby are made a part of this Agreement: Exhibit "A": Scope of Work and Budget from CONSULTANT 3. TERMS. The services and/or materials furnished under this Agreement shall commence on April 1, 2005 and shall be completed in accordance with the schedule included in Exhibit 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONSULTANT: Time and materials not to exceed $10,000.00 as further described in Exhibit "A". 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONSULTANT agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONSULTANT under this Agreement. b. INSURANCE. CONSULTANT shall file with the TOWN a certificate of insurance before commencing any services under this agreement meeting minimum coverage requirements established by TOWN's City Manager. c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONSULTANT. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between the TOWN and undersigned. At all times CONSULTANT shall be deemed to be an Contract: Cotton, Shires and Associates, Inc. Page 2 independent CONSULTANT and CONSULTANT is not authorized to bind the TOWN to any contracts or other obligations. In executing this agreement, CONSULTANT certifies that no one who has or will have any financial interest under this agreement is an officer or employee of TOWN. e. CHANGES. This agreement shall not be assigned or transferred without the written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. f. TERMINATION. This agreement may be terminated by TOWN upon thirty (30) days written notice to CONSULTANT. CONSULTANT may terminate this agreement upon thirty (30) days written notice to TOWN. Monies then owing based upon work satisfactorily accomplished shall be paid to CONSULTANT. 6. INVOICING. All invoices shall be mailed or delivered to the attention of the City Engineer (contract coordinator) at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR (TOWN) CONSULTANT Name: Richard Chen, Associate Engineer By: Town Hall 26379 Fremont Road Los Altos Hills, CA 94022 (415) 941-7222 Title SOclt,� u� uil�y or I.R.S. Number: TO OF LOS A= City Manager Attachment: Exhibit "A", Proposal for Geotechnical investigation of pavement distress on Elena Road in the hairpin turn south of Foothill Lane LAengineering\rchen\LAH short agreement\service Agmt with Cotton for Elena Rd.doc r&V COTTON, SHIRES & ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS February 23, 2005 P0045 TO: Richard Chen r 2 Associate Engineer 5 2005 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California 94022 SUBJECT: Proposed Slope Inclinometer Installation, Monitoring and Earth Material Sampling (Phase I) RE: Elena Road Los Altos Hills, California Dear Mr. Chen: At your request, Cotton, Shires and Associates, Inc. (CSA) is proposing to initiate geotechnical investigation of distress to a section of Elena Road located south of Foothill Lane. Phase I includes installation of two inclinometers adjacent to prominent pavement distress features. The inclinometers are to be placed immediately north of the roadway with the top access ports enclosed in capped (traffic rated) boxes. Boxes will be placed flush with the existing surface to minimize trip hazards. Based on our initial site inspection, and experience with the behavior of local slopes, we postulate that this segment of roadway is being impacted by lateral earth movement. The Town Engineer has already identified specific site drainage improvements that may help to reduce the rate of ground movement. We anticipate that monitoring of these inclinometers will define the depth and character of active ground movement, which is essential information in the analysis and design of an appropriate repair plan. While identified surface drainage improvements should have a beneficial effect, it is likely that a significant engineering solution will be required to provide long-term stability to the roadway. We propose to log holes and collect earth material samples during the drilling for installation of inclinometer casings. Intended final depths of proposed inclinometers are approximately 40 feet below existing grades. Installation of two inclinometers are proposed because of the significant length of the arcuate cracking patterns displayed in local pavement. Samples will be retained for potential future engineering index property testing (extent of appropriate testing may be influenced by identified failure depths and appropriate mitigation concepts). We also propose to perforin an initial measurement of the installed inclinometer casings after grout has set. We have provided a cost estimate for two additional inclinometer readings (approximately at one to two-month intervals following the initial reading). At the end of this period we will prepare a monitoring report with the results of measured displacements graphically displayed. Future phases of work would include supplemental geotechnical analyses, development of alternative repair concepts and preparation of detailed plans and specifications for repair construction. We are proposing the following Phase I Scope of Work, Schedule and Fee to perform inclinometer installation, monitoring and earth material sampling. Northern California Office Southern California Office 330 Village Lane 5245 Avenida Encinas • Suite A Los Gatos, CA 95030-7218 Carlsbad, CA 92008-4374 (408) 354-5542 • Fax (408) 354-1852 (760) 931-2700 9 Fax: (760) 931-1020 e-mail: losgatos@cottonshires.com www.cottonshires.com e-mail: carlsbad@cottonshires.com Richard Chen February 23, 2005 Page 2 P0045 SCOPE OF WORK PHASE I. Inclinometer Installation and Initial Monitorine Task A. Inclinometer Installation Two inclinometers will be installed adjacent to (or in) Elena Road at locations recently inspected with Town Staff. It is currently assumed that inclinometer locations will be accessed by a standard truck mounted drill. Boring locations will be cleared with USA Underground prior to drilling. Spoil material from two borings will left at the site. We understand that inclinometers will be within the Town right-of-way and that we will not need to secure permission from private property owners. Estimated costs include installation of two inclinometers with depths of approximately 40 feet. Samples will be collected during drilling for future earth material testing. Task B. Initial Inclinometer Readings • Inclinometer casings will be monitored (initialized) several days after installation (when the grout has set) to establish baseline data readings. Baseline graphical plots will be generated for future monitoring comparisons. Supplemental Monitoring and Reporting Task C. Monitoring Inclinometers will be monitored twice at approximately one to two-month intervals following installation. Collected measurements will be compared to baseline data readings. Task D. Reporting • A summary monitoring letter -report will be prepared presenting graphical results of inclinometer readings, and recommendations for further actions leading to design of a repair plan for the roadway. SCHEDULE Upon receipt of a signed agreement, CSA will schedule a drill rig. Depending on drill rig availability, inclinometer installation (Task A) should be completed within about two to four weeks of authorization to proceed. We estimate that Tasks B, C and D can be completed within four months of initial authorization. It is possible that we may determine the depth of ground movement prior to the end of this period. Alternatively, a longer monitoring period may be required to determine depths of ground movement. We will keep the Town staff updated regarding the progress of data collection. COTTON, SHIRES & ASSOCIATES, INC. Richard Chen Page 3 FEE February 23, 2005 P0045 We propose to invoice the Town of Los Altos Hills for our services on a time - and -expenses basis in accordance with the attached Schedule of Charges (less a 10 percent professional time discount offered to the Town), Limitations, and Terms. For installation of the two inclinometers (Phase I, Task A), CSA estimates that the total fee and expenses will not exceed $6,500 (approximately 65% of this total amount is for a drilling subcontractor and equipment to be installed at the site). We estimate that the fee to perform initialization, monitoring and reporting services (Tasks B, C and D) should not exceed $3,500. The total not -to -exceed cost for Phase I is $10,000. The proposed scope of services and fee is based on the following assumptions: 1) we will take every precaution to avoid damage to utilities, but CSA assumes no responsibility for damage to unmarked utilities; and 2) project services do not include evaluation of the site for the presence or absence of toxic or hazardous material. AGREEMENT If you agree with the Scope of Work, Schedule, and Fee outlined above, as well as the attached Schedule of Charges, Limitation and Terms, please sign one copy of this proposal and return it to our office, or initiate a Task Order for the desired work to be completed (with this proposal as an attachment). Receipt of the signed proposal or Task Order will constitute authorization for us to proceed. We look forward to providing you with the professional services discussed above. If you have any questions, or need additional information, please contact us. Respectfully submitted, COTTON, SHIRES AND ASSOCIATES, INC. aiad Cotton President Reviewed By: - Ted Sayre Approved and Authorizeo b Date WRC:TS:rb Copies: Addressee (2) Attachment: (Schedule of Charges, Limitations and Terms) COTTON, SHIRES & ASSOCIATES, INC. COTTON, SHIRES AND ASSOCIATES, INC. SCHEDULE OF CHARGES January 2005 Personnel Charges Expert Witness Consultation Principal Geologist/ Engineer $ 230/ hr Expert witness testimony for court appearances and binding ....................... Managing Geologist/ Engineer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 180/ hr arbitration shall be charged on a daily basis (minimum one day increments) at a rate of $3,600 per day. Deposition testimony shall be Supervising Geologist/ Engineer---........"" $ 155/hr charged at a rate of $450 per hour (minimum one hour charge). '"" Senior Geologist/ Engineer $ 135 / hr Preparation time for depositions or court appearances shall be charged _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on a time -and -expense basis in accordance with the Personnel, Senior Staff Geologist/ Engineer ..................... $ 125/hr Equipment, and Expense charges listed herein. Staff Geologist/ Engineer ........................... $ 110/ hr Laboratory Testing and Geoph sical Service Charges Field/ Laboratory Technician _ ------------------ $ 85/hr Technical Illustrating .............................. _ $ 75/hr Laboratory testing and geophysical services shall be charged _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Clerical/ Accounting .... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 60/ hr on a time -and -materials basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Equipment and SupplyCharges Laboratory samples shall be stored for 60 days after the date of final report submittal unless special arrangements are made for longer Multichannel Seismograph System .................. $ 250/day storage. hrclinometer System .............................. $ 100/day Expense Charges (Cost Plus 15%) Laser Level Surveying Equipment .................. $100/day Travel expenses including air fare, lodging, vehicle rental, etc. (a Nuclear Moisture/ Density Gauge ................... $ 100/day flat subsistence charge of $40 per diem for overnight stay shall Total Station Surveying Equipment .................. S200/day be charged in addition to the lodging cost) PenMap Computer Mapping Equipment ............ $150/day • Excavation subcontractors and expendable field supplies Reproduction of drawings Velocity Meter and AquaCalc Computer ............. S 100 /dav Film, film development, and photograph printing Suspended and Bed Load Sampling Equipment ....... $ 100/day Special fees, permits, insurance, etc Long distance telephone costs Vehicle .......................................... $.40/mi Special mail service (air, electronic, courier, etc.) Photocopying S .15 / copy • Special equipment rental _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Engineering Copier ............................... $ .40/ ft2 Special consultant fees Computer Assisted Plotting ________________________ $10/sq.ft Limitations and Terms Public Liability -- COTTON, SHIRES AND ASSOCIATES, INC. is a California Corporation protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and property damage, and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, if specifically directed by you, will procure additional insurance (if procurable) to protect us at your expense, but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. Professional Liability -- In performing our professional services, we shall use that degree of care and skill ordinarily exercised under similar circumstances by members of our profession. No warranty, express or implied, is made or intended by our proposal for consulting services, by our furnishing oral or written reports, or by our inspection or work. However, should we or any of our professional employees be found to have been negligent in the performance of professional services or to have made and breached any express or implied warranty, you agree that the maximum aggregate amount of your recovery against us and/or said professional employees shall be limited to $50,000 or the amount of the fee paid us for professional services as computed under the SCHEDULE OF CHARGES, whichever amount is greater, Moreover, client agrees to indemnify us against damages in excess of $50,000 or the amount of our fee, whichever amount is greater, arising from suits brought against us by third parties, in connection with our work performed on your project. Change Orders and Dispute Resolution -- If, during the performance of the work under this Agreement, it is determined that the scope of work has expanded or changed such that additional expenditures are required, the client shall be notified by Change Order and approval from the client shall be received in writing prior to the performance of the additional services. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of the other party, it's employees or agents. Should litigation or arbitration occur between the parties relating to the provisions of this Agreement, all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorneys' fees reasonably incurred by the prevailing party shall be paid by the non - prevailing party. Field Exploration -- Unless otherwise agreed, the client shall furnish right -of -entry on land for planned field operations. The client shall also provide us with locations and depths of buried utilities and structures. We shall take responsible precautions to minimize damage to land from use of equipment, but our fee does not include cost of restoration of damage resulting from our exploration operations. We shall not be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown on plans furnished to us. Payment -- Invoices for our services will be submitted, at our option, on a monthly basis or when the work is completed. Invoices will be due immediately, but will not be delinquent if paid on or before the thirtieth day following the date of the invoice. If payment is not so made, interest will be due on the amount of the invoices at the rate of 1.5 percent for each month of delinquency. If suit is filed, a reasonable attorney's fee, to be set by the court, shall be included in any judgment in our favor. COTTON, SHIRES & ASSOCIATES, INC.