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HomeMy WebLinkAboutAGENDA REPORT 2013 1002 CCSA REG ITEM 10Q ITEM 10 MOORPARK CITY COUNCIL AGENDA REPORT v_,_ ao� _-, , R TO: Honorable City Council FROM: Dave Klotzle, City Engineer/Public Works Director DATE: September 23, 2013 (CC Meeting of 10/02/13) SUBJECT: Consider Agreement with Fugro Consultants, Inc. for Engineering Services for Investigation of Groundwater Exfiltration and Seepage Conditions on Tierra Rejada Road between Spring Road and Miller Parkway and a Resolution Amending the Fiscal Year 2013/14 Budget to Fund the Investigation DISCUSSION Groundwater periodically seeps out of the asphalt pavement in the westbound lanes of Tierra Rejada Road between Spring Road and Miller Parkway. The wet conditions have caused the pavement to deteriorate. Public Works staff has installed subdrains within the landscaped parkway and center median which have alleviated some of the seepage but has not eliminated it. The area of deteriorated pavement was recently repaired with temporary asphalt. Staff proposes to hire Fugro Consultants Inc. (Fugro) to provide engineering services to investigate the cause of the groundwater seepage and develop permanent solutions for eliminating the seepage and permanently repairing the pavement. The scope of Fugro's work includes coring, sampling and testing the existing pavement and underlying soil; inspecting nearby underground storm drains for potential sources of water; preliminary design report and final design with plans and specifications for construction of the required improvements. Fugro is well qualified to provide these services and has submitted a proposal with a cost not to exceed $48,100.00 to provide the required services (Exhibit B of the Agreement—Attachment 1). SAPublic Works\Everyone\Reports\Staff Reports\2013\October\10-02-2013(Fugro Tierra Rejada Groundwater Investigation).doc 344 Honorable City Council October 2, 2013 Page 2 FISCAL IMPACT The Fiscal Year 2013/14 Operating and Capital Improvement Projects Budget does not include funding for these services, therefore a resolution amending the budget (Attachment 2) is required to appropriate funds for these services. The proposed revisions to the FY 2013/14 budget are summarized below: Current Proposed FY 13/14 Fund 2606: Highway Users Tax (HUT) 2103 Budget Budget Appropriation 2606.8310.0000.9103 $70,000.00 $48,100.00 STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Authorize the City Manager to award a consultant agreement for engineering services to Fugro Consultants Inc. in an amount not to exceed $48,100.00, subject to final language approval by the City Manager and City Attorney. 2. Adopt Resolution 2013 - amending the Fiscal Year 2013/14 budget to appropriate $48,100.00 from HUT 2103 Fund (Fund 2606) to fund the subject services. Attachments: 1 —Agreement 2 — Resolution 2013 - SAPublic Works\Everyone\Reports\Staff Reports\2013\October\10-02-2013(Fugro Tierra Rejada Groundwater Investigation).doc 345 Attachment 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND FUGRO CONSULTANTS, INC., FOR ENGINEERING SERVICES FOR INVESTIGATION OF GROUNDWATER EXFILTRATION AND SEEPAGE CONDITIONS ON TIERRA REJADA ROAD BETWEEN SPRING ROAD AND MILLER PARKWAY THIS AGREEMENT, is made and effective as of this day of 2013, between the City of Moorpark, a municipal corporation ("City") and Fugro Consultants Inc., a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for engineering services for investigation of groundwater exfiltration and seepage conditions on Tierra Rejada Road between Spring Road and Miller Parkway; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated July 12, 2013 (Revised August 19, 2013), which is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide construction management and inspection services, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit B. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit B. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total contract value forty-eight thousand one hundred dollars ($48,100.00) as stated in Exhibit B, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 346 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Greg Denlinger, and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form, before payments may be made to vendors. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks. This amount shall not exceed forty-eight thousand one hundred dollars ($48,100.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Consultant's fees or expenses it shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. Fugro Consultants, Inc. Page 2 of 14 347 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Consultant under the terms of this Agreement. Progress payments made by the City after the Fugro Consultants, Inc. Page 3 of 14 348 above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City's designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the Fugro Consultants, Inc. Page 4 of 14 349 same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subconsultant, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Fugro Consultants, Inc. Page 5 of 14 350 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Consultant shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or Fugro Consultants, Inc. Page 6 of 14 351 processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered 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 party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Greg Denlinger Fugro Consultants, Inc. 4820 McGrath Street, Suite 100 Ventura, California 93003 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. Fugro Consultants, Inc. Page 7 of 14 352 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY 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 shall be entitled to recover its costs and expenses, including attorneys' fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. Fugro Consultants, Inc. Page 8 of 14 353 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant's Proposal. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK FUGRO CONSULTANTS, INC. By: By: Steven Kueny, City Manager Craig D. Prentice, Principle Engineering Geologist Attest: Maureen Benson, City Clerk Fugro Consultants, Inc. Page 9 of 14 354 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, error or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs Fugro Consultants, Inc. Page 10 of 14 355 payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City's protection without the City's prior written consent. Fugro Consultants, Inc. Page 11 of 14 356 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. Fugro Consultants, Inc. Page 12 of 14 357 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. As coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Fugro Consultants, Inc. Page 13 of 14 358 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. Fugro Consultants, Inc. Page 14 of 14 359 fl['aR0 Exhibit B A FUGRO CONSULTANTS, INC. 4820 McGrath Street,Suite 100 Ventura,California 93003-7778 Tel:(805)650-7000 June 12, 2013 (Revised August 19, 2013) Fax:(805)650-7010 Project No. 04.62139108 City of Moorpark Public Works Department 799 Moorpark Avenue Moorpark, California 93021 Attention: Mr. Dave Klotzle, PE Subject: Proposal for Engineering Services, Groundwater Exfiltration and Seepage Conditions, Tierra Rejada Road Between Spring Road and Miller Avenue, Moorpark, California Dear Mr. Klotzle: Fugro is pleased to present this proposal to provide engineering services to assist the City of Moorpark (City) in evaluating potential causes of the groundwater exfiltration and seepage that periodically occurs on the westbound traveled way of Tierra Rejada Road between Miller Avenue and Spring Road following periods of moderate to heavy rainfall. We prepared this proposal at your request, and our understanding of the field conditions and the general scope of services required is based on discussions with you during our site visit/meeting in May, 2013, and a cursory review of plans dated February 1993 for widening Tierra Rejada Road. As indicated, we understand that groundwater seepage up through the pavement surface occurs locally on the westbound lanes of Tierra Rejada Road between Miller Avenue and Spring Road after periods of moderate to heavy rainfall. Evidence of local pavement distress and of staining on the pavement surface that is indicative of water flow up through existing utility boxes and valve cover plates was observed during the site visit. We also understand that the pavement surface where these localized areas of seepage remain wet for several days after the adjacent pavement areas have dried. From our discussions, we understand that seepage water was tested and found to contain chlorine residuals, which suggests that the water source consists of treated water and is possibly related to poorly functioning irrigation systems, leaks in potable water piping, or leaks in local storm drain systems. However, we understand that no conclusive findings have been made as to the primary source of water beneath the pavement surface. During our site visit, you indicated to us that our study should include an optional task to video/CCT selected storm drain lines in the project area to evaluate if those systems are functioning correctly or not. As such, we have included a work task to do the CCT evaluation of the selected storm drains in the area with a total length of about 3,800 linear feet. During our site visit, we discussed potential options to address the groundwater exfiltration and seepage. At that time, we believed that the most practical approach to dealing A member of the Fugro group of companies with offices throughout the world. 71os t wcs_� Certificate NO.]'106 Cc.G&m No,0111256 360 City of Moorpark �RQ June 12,2013(rev.August 6, 2013)Proposal No. 04.62139108 b with the groundwater issues would likely consist of constructing an underdrain system beneath the pavement in the affected areas. In an effort to provide specific design input for the project, Phoenix Civil Engineering (Phoenix) will provide civil design services (civil and surveying work) as a subcontractor for Fugro on the project. Phoenix will also coordinate, arrange for, and oversee the CCT work of the existing selected (requested) storm drains lines. Mr. Jon Turner will be the project manager for Phoenix. We also understand that cracking of the pavement surface has occurred on the eastbound shoulder area between Miller Avenue and Spring Road adjacent to an existing descending slope (fill slope). As part of this work effort, we have included an optional task to work with the City and help evaluate the potential causes of the pavement cracking, evaluate potential slope stability risks, and provide input for repair/maintenance strategies. This proposal summarizes our understanding of the project, our proposed scope of services, the anticipated schedule, and estimated fee. PROPOSED SCOPE OF SERVICES Our proposed scope of services will consist of the following tasks: Task 1 - Project Initiation and Data Review To initiate the project, we will consult with the City to review our approach to providing services and to define the goals for the project. As part of the project initiation, our team will review the plans for widening Tierra Rejada Road that are provided to us and other relevant data that the City is able to provide. An additional site visit will also be performed for this task, and we request that a representative of the City participate in that site visit. Fugro will arrange a suitable time for representatives from the City, Fugro, and Phoenix to participate in that site visit. Task 2 - Utility Clearance, Health and Safety We will prepare a health and safety plan for our work and visit the site to mark the locations of the potential explorations and review the locations of pavement core/borings with City staff. Potential pavement core/bore locations for this work will be marked with white paint and/or survey stakes. We will also contact Underground Services Alert (USA). USA will notify their member agencies that have utilities in the project area to mark/locate their facilities relative to the proposed boring locations. Fugro will not be responsible for damage resulting from buried structures or underground utilities that are not brought to our attention and properly marked at the site by utility companies or City staff. The work will require field equipment to operate in the traveled ways on Tierra Rejada Road and have assumed that the work can be performed onsite during normal working hours (M-F, 9:00 to 3:00). We assume that the City will provide the encroachment permits necessary to perform the work. A subcontractor to Fugro will provide traffic control as necessary for the work. M:\WP @010W4.621391081PROP0-12-13 REV&19-13.DOC 2 361 City of Moorpark '1�LG130 June 12,2013(rev.August 6,2013) Proposal No.04.62139108 Task 3 - Pavement Cores/Bores We will provide a 1-day effort to core the pavement and hand drill/hand excavate to a depth of about 5 to 7 feet at up to five locations in the westbound lanes of Tierra Rejada Road between Miller avenue and Spring Road. We believe that a limited number of relatively shallow soil borings are needed to assess the pavement structural section and evaluate the subgrade and shallow soil and groundwater conditions beneath the structural section. We will core the pavement at the planned core/bore locations using a subcontracted coring company. The borings will be drilled using hand methods, and soil conditions encountered will be logged by a staff geologist or engineer from Fugro. We anticipate that the borings will be advanced to depths of about 5 to 7 feet below the existing pavement surface. We will obtain samples from the borings at approximately 2-1/2 to 5-foot intervals using standard penetration test (SPT) and modified California split-spoon samplers. Bulk samples of selected materials will be obtained from the cuttings. The samples will be used to classify the soils encountered and retained for subsequent laboratory testing. The borings will be backfilled with quick set concrete upon completion of drilling and the pavement surface will be patched with black-dyed quick set concrete. Excess soil material will be disposed of in existing roadway shoulder areas in the general project area. Task 4, Limited Topographic Surveying Benner and Carpenter will perform a topographic site survey of the northern side (westbound lanes) of Tierra Rejada Road (south median curb to 5 feet past the existing drainage channel behind the back of the sidewalk). The intersections of Tierra Rejada Road with Spring Road and Tierra Rejada Road Miller Parkway are included in the topographic survey work. Aboveground culture, (including curb, gutter, sidewalks, catch basins etc.), drainage channel elevations, and utility information (aboveground)will be collected and used for the preliminary design report and the design plans of the proposed exfiltration remediation. Task 5, Internal Closed Circuit Television (CCT) Investigation of Selected Storm Drain Lines (Phoenix) Our team will coordinate this task and will utilize a CCTV contractor (National Plant) that specializes in pipeline investigation and documentation of conditions. The work will investigate approximately 3,800 linear feet of existing storm drainage piping along Tierra Rejada Road, Spring Street, and Miller Parkway, as directed by the City. It is assumed for purposes of this proposal that the pipelines are generally clean and passable with a remotely controlled television camera rig. At the request of the City of Moorpark, we have included an allowance for some limited pipe cleaning. It is difficult to determine the level of debris that may be in the pipelines. Cleaning of the pipelines associated with the CCTV work is included as a separate cost and will be adjusted based on the conditions encountered at the beginning of the CCTV work. Cleaning will be billed as a separate item and approved by the City of Moorpark. However, the cost for cleaning will not be billed if cleaning and debris removal is not required for this work. We have assumed the City of Moorpark will provide water for the pipe cleaning M:\WPV013%04.82139108'PROP8-12-13 REV 6-18-13.DOC 3 362 City of Moorpark im"n June 12,2013(rev.August 6, 2013)Proposal No.04.62139108 work and will provide a disposal area that is within 5 miles of the project site. Costs for material disposal are not included in this proposal and if needed will be billed as additional services. We anticipate the CCTV work can be completed in 2 days and that traffic control services (consisting of a truck-mounted arrow board and traffic cones) will be provided during the CCTV work. The CCTV work will look for leaking storm drain pipelines or evidence of potential contributors to the groundwater exfiltration condition on Tierra Rejada Road. We will provide a report documenting the CCTV work and findings with the CCTV logs and a DVD of the pipelines that were investigated. Task 6, Preliminary Design Report(Fugro and Phoenix) Fugro and Phoenix will prepare a preliminary design report that will document the findings of the work tasks described above and provide up to two potential design solutions for the area to control/mitigate the groundwater that is affecting the identified section of Tierra Rejada Road. The preliminary design report will be in letter report format and include exhibits summarizing the investigation. Three copies of the draft document will be provided to the City for review. One electronic (.pdf) copy will be provided. Task 7, Draft Plans, Specifications, and Opinion of Probable Construction Cost Preparation (Phoenix) When the preliminary design report is completed, our team will prepare draft construction ready plans, technical specifications, and an Opinion of Probable Construction Cost (OPCC) for the improvements/mitigation measures. This will assist the city in soliciting bids from prospective contractors so that the selected contractor can construct the proposed improvements. Technical specifications will be prepared for the improvements and the City will supply the front-end documents for incorporation. The following efforts are included in this task: • Preparation of draft contract documents (technical) will be prepared outlining the proposed design efforts. • Incorporation of the city-provided front-end documents. Three copies of the draft contract documents will be provided to the City for review. One electronic(.pdf) copy will be provided. M:\WP\2013104.e2l30108%PROPO-12-13 REV 8.1&13.O0C 4 363 City of Moorpark �Rp June 12,2013(rev.August 6,2013)Proposal No.04.62139108 Task 8, Final Plans, Specifications, and Opinion of Probable Construction Cost Preparation (Phoenix) After the review of the draft plans by the City, a final set of construction ready contract documents will be assembled incorporating the city staff comments. Three copies of the final contract documents will be provided to the city project manager for review. One electronic (.pdf) copy will be provided. ESTIMATED FEES We will provide the proposed services on a time-and-expense basis in accordance with Fee Schedule rates in effect at the time of work. A breakdown of the estimated fee for the proposed design-level services is provided below in Table 1. Our fee to complete the geotechnical scope of services described above is estimated at $48,100 (including $6,000 contingency for pipeline cleaning for the CCTV work). We note that the CCTV task can be considered separate or as an optional task if desired. Table 1. Fee Estimate Description Estimated Estimated Direct Costs(Phoenix Estimated Fugro Costs and Others) Fee Task 1 -Project Initiation and Data Review. $ 1,500 $1,000 $ 2,500 Task 2-Utility Clearance,Health and Safety. $ 1,000 — 1,000 $2,000(traffic control) Task 3-Pavement Cores/Bores $ 1,000 $2,000(hand digging services) 5,500 $500(Fugro laboratory testing) Task 4-Topographic Survey $ 250 $6,000 6,250 $11,400 (CCTV and traffic control) Task 5-CCTV $ 250 $6,000(contingency for pipe 17,650 cleaning,actual costs to be determined prior to the CCTV work) Task 6-Preliminary Design Report $ 2,000 $2,000 4,000 Task 7-Draft PS&E $ 1,000 $6,900(Phoenix) 7,900 Task 8-Final PS&E $ 500 $2,800(Phoenix) 3,300 Estimated Total(Additional Services): $ 7,500 $40,600 $ 48,100 15%markup included in Estimated Direct Costs (excludes Fugro laboratory) The times and fees are based on estimates of the staff hours and subcontracted services required to complete the work scope. We will not exceed the estimated fee without prior written approval from the City. We can provide additional services as well as construction observation and materials testing services according to fee schedule rates. This proposal can M:\WP@013W4.821391081PROP 6-1243 REV 8-19-13,OOC C 364 City of Moorpark -fuGt80 June 12,2013(rev.August 6,2013)Proposal No.04.62139108 al - be considered valid for a period of 60 days, after which time Fugro reserves the right to revise the proposal prior to receiving authorization for our services. SCHEDULE We are prepared to initiate the proposed services within 2 weeks after receiving written authorization to proceed. Field activities will be scheduled according to availability of the excavation equipment and prevailing weather conditions. Field activities can likely be completed within about 2 weeks following notice to proceed. We estimate that the report can be available for review by the project team within about 5 weeks after completion of all field activities. We note that we will endeavor to provide results orally or answer questions from the design team as the project proceeds through the evaluation and reporting activities. We appreciate the opportunity to submit a proposal for this project and to continue our professional relationship with the City of Moorpark. If you wish to discuss our proposal, please contact the undersigned. Sincerely, FUGRO CON 7en�nger,NTS, INC. Gregory S. GE Principal E giner Attachments: Fugro 2013 Fee Schedule Copies: (Pdf) Addressee M:1 WP12010106.621]91081PROP8.12-13 REV 8-19-13.DOC 6 365 �GRG ■ FUGRO CONSULTANTS, INC. AL SOUTHERN CALIFORNIA PROJECTS PROFESSIONAL AND TECHNICAL FEES - 2013 1.0 Analysis, Consultation, and Report Preparation. Fees for Fugro professional services, including project administration, are based on the time of professional, technical, and other support personnel directly applied to the project. Personnel participating in judicial proceedings, whether it be expert or witness testimony, delivery of depositions, consultation to legal counsel, or preparation for such, will be billed at $325 per hour. Rates for overtime (other than as described below), weekend work, and emergency response will be quoted on request. PROFESSIONAL STAFF HOURLY RATE StaffProfessional.................................................................................................................................$ 110 SeniorStaff Professional...................................................................................................................... 120 ProjectProfessional............................................................................................................................. 140 SeniorProject Professional.................................................................................................................. 150 SeniorProfessional.............................................................................................................................. 165 Associate.............................................................................................................................................. 185 Principal................................................................................................................................................ 215 SeniorPrincipal.................................................................................................................................... 240 TECHNICAL AND OFFICE STAFF Field Technician/Inspector- Non-Prevailing Wage, Straight Time...................................................... 95 Field Technician/Inspector- Prevailing Wage, Straight Time ............................................................. 105 ConstructionInspector......................................................................................................................... 110 Construction Services Manager........................................................................................................... 125 EngineeringAssistant.......................................................................................................................... 110 OfficeAssistant.................................................................................................................................... 60 WordProcessor/Clerical ...................................................................................................................... 75 LaboratoryTechnician.......................................................................................................................... 75 TechnicalAssistant/Illustrator.............................................................................................................. 80 IllustratorII............................................................................................................................................ 85 CADDOperator.................................................................................................................................... 95 GISTechnician..................................................................................................................................... 95 HSEManager....................................................................................................................................... 160 Overtime Rates for Technical and Office Staff.- a. Saturday or over 8 hours/day during weekdays ............................................................1.3 x straight time b. Saturdays over 8 hours or Sundays/holidays................................................................1.5 x straight time c. Swing or graveyard shift premium..................................................................................1.3 x straight time Hardware/Software Interpretive Programs SMT/Fledermaus ............................................................................................................................25/hr GIS/ACAD.......................................................................................................................................25/hr Finite Element/Finite Difference Packages.....................................................................................25/hr OTHER DIRECT CHARGES Field vehicle with sampling &logging equipment .............................................................................200/day Basicstaff vehicle .............................................................................................................................. 100/day Fee Schedule is subject to periodic revision, typically at the first of the year. LABORATORY AND SPECIALTY TESTING AND EQUIPMENT.........................See Separate Schedules 2.0 Reimbursable Expenses. Expenses, other than salary costs, that are directly attributable to the performance of our professional services are billed either under separate fee schedules or as follows: 2.1 Transportation in personal vehicles at Internal Revenue Service rates. 2.2 Authorized travel expenses at cost plus 15 percent. 2.3 Direct project expenses, other than travel, including, but not limited to, sample shipment, subcontractors, and outside reproduction, cost plus 15 percent. 366 Fugro Consultants, Inc. GRO Southern California Fee Schedule 2013 2.4 Time of external personnel retained for the project is charged at an assigned billing rate comparable to others in our company of corresponding expertise and experience. 3.0 Other Services. Projects may require other services, such as: field exploration, field or laboratory testing, or specialized computer services, which are not covered by this schedule. Fee schedules for other services can be provided upon request. 4.0 The above hourly rates apply for California, U.S.A. based projects. Page 2 of 5 February 2013 FCL 367 FUGRO CONSULTANTS, INC. �fuGRo 2013 FEE SCHEDULE LABORATORY AND MATERIALS TESTING CLASSIFICATION TESTS CLAY PROPERTIES &CHEMISTRY TESTS Moisture Content(ASTM D2216) ....................$ 20 Double Hydrometer(ASTM D4221).................$ 290 Moisture and Density(ASTM D2937)...............$ 30 Pinhole Dispersion(ASTM D4647)..................$ 270 -add for shelby tube with above tests...........$ 20 Crumb Test(ASTM 6572).................................$ 45 Reaction with HCI(ASTM D2488).......... ........$ 10 X-Ray Diffraction...............................................$ 300 Irregular Shape Density(USACE)....................$ 55 Soil Chemistry For Corrosion Plastic and Liquid Limits,wet prep, 3 point LL (pH,chloride, sulfate, resistivity)... ..............$ 250 (ASTM D4318) .................................................$ 150 pH(soil or water)............................................ 30 Specific Gravity(ASTM D854)..................... $ 80 Organic Content(ASTM D2974)......................$ 75 EARTHWORK TESTS Sand Equivalent(ASTM D2419)......................$ 95 Standard Proctor,4 points(ASTM D698) Sieve Analysis, up to 8 sieves(ASTM D422) .$ 105 4-inch mold..................................................$ 200 -add for each additional sieve in stack........... 10 -6-inch mold,- .. . ... .. ..... ............. .......$ 240 -add for coarse fraction(>#4 sieve).............$ 60 Modified Proctor,4 points(ASTM D1557) Percent Passing#200 Sieve(ASTM D1140)...$ 70 -4-inch mold.. -_... . .... .. ........ . ....... ...... $ 235 Hydrometer and Sieve(ASTM D422)...............$ 160 -6-inch mold..................................................$ 275 Processing Clay Shales(USACE)....................$ 75 California Impact Compaction(Cal 216)..... $ 250 Tests listed above include classification Moisture-Density Check Point (ASTM D2488 or D2487) -4-inch mold..................................................$ 75 VOLUME CHANGE TESTS -6-inch mold..................................................$ 100 Incremental Consolidation(ASTM D2435) -add for rock correction for above................$ 90 Cement/Lime Treatment -up 8 load increments ............................$ 275 -Moisture/Density Relation(ASTM D558)....$ 275 - t additional load increment t............................$ 30 -Wet&Dry Cycles,2 spec., (ASTM D559)..$ 500 -to 16 ksf max Constant Rate x Strain Consolidation -Strength,w/molding, (ASTM D1633).........$ 90 (ASTM D4186)......................$ 425 -Est. pH for Stabilization, (ASTM D6276).....$ 200 -with intermediate rebound and reload.........$ 500 Index Density and Unit Weight(ASTM D4253) Expansion Index(ASTM D4829/UBC 29-1).....$ 235 Maximum.......................................................$ 315 Swell and Collapse Tests Minimum................. $ 135 -wet after load,4 point(ASTM D4546-A).....$ 600 R-Value(ASTM D2844/Cal 301)......................$ 310 -wet after load, 1 point(ASTM D4546-13).....$ 160 Treated Soil...................................................$ 325 -load after wet, 1 point(ASTM D4546-C).....$ 200 Aggregate Base.............................................$ 335 STATIC STRENGTH TESTS Base with Admixture,..... ........... .......$ 350 Hand Penetrometer...........................................$ 15 CBR,per point(ASTM D1883).........................$ 340 $ 210 Torvane.............................................................$ 25 Proctor Compaction with above CBR...............Surcharge for Admixture... ................. .......$ 50 ....... . Miniature Vane(ASTM D4648)........................$ 50 Miniature Vane with Residual...........................$ 55 Sample Preparation for Soil with PI>20............$ 55 Unconfined Compression AGGREGATE TESTS -Soil(ASTM D2166).................................... $ 100 Sieve Analysis(ASTM C136/Ca1202) -Rock,excludes strain(ASTM D7012-C).....$ 130 -Coarse Aggregate.......................................$ 60 -Rock,with axial strain(ASTM D7012-D)....$ 200 -add for samples>5000g.............................$ 30 -add for radial strain......................................$ 125 -Fine Aggregate ...........................................$ 110 Triaxial Compression Sand Equivalent(ASTM D2419/Cal 217).........$ 95 -Unconsolidated Undrained(ASTM D2850)$ 140 Cleanness Value(ASTM C142/Cal 227)..........$ 140 -add for back pressure saturation.................$ 85 Durability Index(ASTM C3744/Cal 229) -*Consolidated Undrained with pore pressure -Coarse Fraction...........................................$ 140 measurements,per point(ASTM D4767)...$ 440 -Fine Fraction................................................$ 140 -*Consolidated Drained,per point(USACE)$ 650 Specific Gravity&Absorption Direct Shear,3 points, (ASTM D3080).............$ 435 -Coarse Aggregate(ASTM C127/Cal206) ..$ 80 -add for residual strength, per point.............$ 50 -Fine Aggregate(ASTM C128/Cal 207) ......$ 125 Point Load Index(ASTM D5731)......................$ 60 %Crushed Particles, per fraction *Multiply single point rate by 2 for up to 3 stages of (ASTM D5821/Cal 205)........ ... .............$ 100 consolidated,drained or undrained staged triaxial tests Flat&Elongated Particles(ASTM D4791).......$ 180 HYDRAULIC CONDUCTIVITY TESTS Uncompacted Void Content of Fine Aggregate Constant Head,2-3"Dia. (ASTM D2434).........$ 290 (AASHTO T304)................................................$ 200 Constant Head,6"Dia. Includes remolding Moisture Content(ASTM C566) ......................$ 60 (ASTM D2434).............. . Sulfate Soundness, per fraction 4)............................$ 375 (ASTM C88/Cal 214).. $ 125 Flexible Wall(ASTM D5084) $ 290 �` �'������� �� -add for additional effective stress...............$ 100 L.A. Abrasion 500 rev. (ASTM C131/Cal 211)$ 215 Percent Passing#200 Sieve(ASTM C117) ....$ 85 Unit Weight and Voids(ASTM C29/Cal 212)...$ 95 Page 3 of 5 February 2013 FCL 368 FUGRO CONSULTANTS, INC. uGRp 2013 FEE SCHEDULE =1� LABORATORY AND MATERIALS TESTING o Organic Impurities(ASTM C40).......................$ 50 Special Capping of Specimen..........................$ 40 ASPHALT CONCRETE TESTS Patch or Grout Core Hole.................................$ 35 Photograph of Sample......................................$ 40 Stabilometer Value(ASTM D1560/Cal 366)....$ 160 Additional Copies of Photographs............... Cost+ 15% Lab Compacted Unit Weight Local Site Pick up of Bulk or AC Sample -each briquette(Cal 304/Cal 308)................$ 110 -within 30-mile radius, per sample................$ 60 -surcharge for rubberized AC.......................$ 20 Unit Weight of AC Cores(Cal 308)...................$ 65 NOTES: Theoretical Max. S.G. (Cal 309)...................... $ 150 1) Fugro Consultants,Inc.'s laboratories are accredited Extraction and Sieve(ASTM D2172/D5444)....$ 315 or validated by AASHTO(R-18), Caltrans, USACE, Asphalt Content by Ignition(Cal 382)...............$ 150 DSA/(LEA). Calibration Curve for Ignition Test ...................$ 300 2) The following are included at NO CHARGE: Slurry Wet Track Abrasion(ASTM D3910)......$ 70 a)Visual classification,natural water content and density with all triaxial,direct shear, volume CONCRETE, MASONRY, AND STEEL TESTS change,and hydraulic conductivity tests. Concrete Compression b)Sample photographs for triaxial, hydraulic -Each 6x12 or 4x8 Cylinder(ASTM C39).....$ 30 conductivity,and PLI tests. -Add for Elastic Modulus(ASTM C469).......$ 185 3) Rates for other tests and test variations,including-Hold or Additional Test............................ mix designs,can be furnished on request. ....$ 30 4) Rush assignments are subject to a 25%surcharge. -Light Weight Concrete(CTM 548)..............$ 40 Weekend or Holiday test assignments are subject to Cylinder Molds with Lids...................................$ 8 a 50%surcharge. Compression of Core(ASTM C42)..................$ 90 5) Testing for contaminated samples(EPA Level C& Shrinkage of Mortar and Concrete 3 Bars D)will be invoiced at 1.5 times listed rates. (ASTM C157).................................................$ 440 6) Shipping or other outside costs at cost+15%. Unit Weight of Concrete Cylinders 7) Reusable thin-walled tube shipping boxes(ASTM -Air-Dried..................................................... $ 30 D4220)can be provided at no cost(except for -Oven-Dried................................................. $ 40 shipping charges)for samples shipped to Fugro's Shotcrete Panel, Lab Coring&Compression laboratory for testing. -3 cores(ASTM C42)....................................$ 375 8) Please contact the laboratory prior to shipping Grout and Mortar Compression(ASTM C39) international soils to make proper arrangements and -Grout........................................................... $ 45 obtain our foreign soil permit. -Mortar..P Prism Compression(ASTM.447...................................................) 9) A surcharge of$1 per linear foot of test boring depth Composite P $ 35 will be added to cover the cost of standard field supplies including sample tubes -8x8 ................................................................ Quote engineering and caps,stakes,etc. -8x12............................................................... Quote -8x16............................................................... Quote CMU Block Compression(ASTM C140)............ Quote CMU Absorption&Moisture(ASTM C140)......$ 95 Concrete Moisture Emission Test Kit,each.....$ 60 Rebar-Tensile and Bend(ASTM A-370).......... Quote MISCELLANEOUS LABORATORY TESTS AND CHARGES Sample Remold Surcharge..............................$ 50 Special Processing....................................Hourly Rates Extrude Tube Sample and Visually Classify.....$ 70 Sample Tube Cutting, each cut........................$ 25 Sample Preparation-Non-Routine..................$ 100 Steel Drum-55 Gallon with Lid........................$ 80 Gas Powered Generator...................................$ 80 Shelby Tube with Caps.....................................$ 45 Addition of Soil Admixtures and Curing............$ 95 Capping of Strength Test..................................$ 40 Weight of Roofing Materials(ASTM D2829)..-$ 50 Density of Sprayed Fireproofing Materials.......$ 60 Static Friction Test -Per Surface Location(ASTM C1028)... $ 375 Coring Equip/Bit Charge, per half day.......... $ 85 Bit Charge-Difficult Materials, per half day... $ 100 Specimen End Prep -Less than 4"Diameter, per cut....................$ 12 -4"to 8"Diameter, per cut............................$ 18 Page 4 of 5 February 2013 FCL 369 FUGRO CONSULTANTS, INC. �Ro 2013 FEE SCHEDULE ' FIELD EQUIPMENT AND SUPPLIES FIELD INSTRUMENTATION/EQUIPMENT Mini RAE(PID/LEUCOs) Detector.............$ 150/day Baroid Drilling Fluid Test Kit.....................$ 30/day Dynamic or Stainless Steel Penetrometer..$ 50/day Conductivity Probe(in situ)......................$ 55/day Brass or Stainless Steel Sample Sleeves..$ 8/each Fisher TW-6 Metal Detector.....................$ 50/day Use of 10 Modified Cal. Sleeves................$ 30/box Gas Powered 120v Generator..................$ 80/day Keyed-Alike Locks......................................$ 25/each Peristaltic Pump.......................................$ 50/day 55-gallon Drum...........................................$ 80/each Positive Displacement Pump...................$ 25/day Field Filter..................................................$ 25/unit Temperature-pH-Conductivity Meter........$ 25/day Stainless Steel Hand-Auger Sampler.........$ 50/day Pressure Transducer................................$ 75/day Teflon Tape-4" roll....................................$ 75/roll Water Level Indicator...............................$ 20/day Liquinox......................................................$ 23/bottle Water Sampling Pump.............................$ 200/day Tyvek.........................................................$ 15/each (Bladder Pump or Electric Submersible) Nitrile Gloves..............................................$ 20/box Well Bailer-Standard..............................$ 25/day Respirator Cartridges.................................$ 10/set Well Bailer-Disposable...........................$ 15/each 2-inch Diameter Water Meter...................$ 20/day Inclinometer Probe and Readout Device....$ 185/day 4-inch Diameter Water Meter...................$ 40/day Rotary Hammer..........................................$ 40/day Well Cap 2"..............................................$ 22/each CPN Corp. Hydroprobe..............................$ 75/day Digital Camera.........................................$ 25/day Double-Ring Infiltrometer...........................$ 75/day Field Computer.........................................$ 30/day Downhole Soil Samplers............................$ 75/day Subcontracted Specialty Equipment........Cost+ 15% (2'/z-inch California liner, SPT) Kernlevel....................................................$ 20/day 24-Channel Seismograph..........................$ 1500/wk Instantel Mini Mate Pro4 Vibration Monitor $ 150/day Instantel Mini Mate Pro 6 Vibration Monitor$ 200/day Larsen/Davis LXT Sound Monitor..............$ 120/day Nuclear Gauge...........................................$ 50/day Manometer.................................................$ 55/day Asphalt/Concrete Patch.............................Cost+15% Page 5 of 5 February 2013 FCL 370 Attachment 2 RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2013/14 BUDGET TO APPROPRIATE FUNDS FROM HIGHWAY USERS TAX (HUT) 2103 FUND (2606) FOR INVESTIGATION OF GROUNDWATER EXFILTRATION AND SEEPAGE CONDITIONS WHEREAS, on June 19, 2013, the City Council adopted the Operating and Capital Improvements Projects budget for Fiscal Year 2013/2014; and WHEREAS, the adopted budget does not include appropriations for investigation of groundwater exfiltration and seepage conditions; and WHEREAS, a staff report has been presented to the City Council requesting a budget adjustment to appropriate $48,100.00 from HUT 2103 Fund (2606); and WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a budget amendment in the aggregate increase of $48,100.00 as more particularly described in Exhibit"A", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 2nd day of October, 2013. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail SAPublic Works\Everyone\Reports\Staff Reports\2013\0ctober\10-02-2013(Fugro Tierra Rejada Groundwater Investigation Reso).doc 371 Resolution No. 2013 - EXHIBIT "A" BUDGET AMENDMENT FOR HUT 2103 FUND (2606) TO APPROPRIATE FUNDING FOR INVESTIGATION OF GROUNDWATER EXFILTRATION AND SEEPAGE CONDITIONS FY 2013-2014 FUND ALLOCATION FROM: Fund Account Number Amount HUT 2103 2606-5500 $ 48,100.00 Total $ 48,100.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2606.8310.0000.9103 $ 70,000.00 $ 48,100.00 $ 118,100.00 Total $ 70,000.00 $ 48,100.00 $ 118,100.00 Finance Approval: *2-9-0, C:\Users\iIumbad\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HPF26LA2\10-02-2013(Fugro Tierra Rejada Groundwater Investigation Budget Amend Exhibit A) 372