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HomeMy WebLinkAboutConstruction Testing and Engineering Inc (CTE); 2015-11-05; PEM1320PEM1320 RATIFICATION OF AMENDMENT N0.1 TO AGREEMENT FOR GEOTECHNICAL, MATERIALS TESTING AND SPECIAL INSPECTION SERVICES FOR COLE LIBRARY PROJECT SERVICES CONSTRUCTION TESTING & ENGINEERING, INC. Ratifica ion of Amendment No.1 is entered into as of the J.).d-b day of ---:->--.. ......... -""17' ....... ~~------' 2016, but effective as of the 23rd day of October, 2015, ratifying the mendment of the agreement dated November 5, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Construction Testing & Engineering, Inc. (CTE), a California corporation ("Contractor") (collectively, the "Parties") for geotechnical, materials testing and special inspection services for Cole Library Project Services. RECITALS A. The Parties desire to alter the scope of work of the Agreement to add services for materials testing and special inspection for Cole Library Project Services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule which is attached to and incorporated in this reference as Exhibit "A" Scope of Services and Fee; and C. The Parties desire to ratify any amended scope of work already performed by the Contractor without the benefit of this Amendment. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive amendment of the Agreement is ratified. 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor has provided, or will provide, those services described in Exhibit "A". 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed eighteen thousand nine hundred seventy dollars ($18,970). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4. Contractor completed all work described in Exhibit "A" prior to March 31, 2016. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1/30/13 PEM1320 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CONSTRUCTION TESTING & ENGINEERING, INC. (CTE), a Califor · c oration By: I I ' By: ign here) Thomas Gaeta I President (s1gn here) Jay Lynch I Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: \1, 1019-•.o f!ta_7fZ.~_)F BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: c;_/,-e;: LC.a.--1..--c::::; Assistant City Attorney DqJ~-cf21 City Attorney Approved Version 1/30/13 2 PEM1320 EXHIBIT "A" SCOPE OF SERVICES Date of Description Total Hours Cost per Hour Total Amount Service 10/23/2015 Reinforced Concrete 7.00 $85.00 $595.00 Inspection 10/27/2015 Shop Welding Inspection 8.00 $85.00 $680.00 10/27/2015 Soil Technician 3.00 $87.00 $261.00 10/28/2015 Reinforced Concrete 5.00 $85.00 $425.00 Inspection 10/28/2015 Shop Welding Inspection 8.00 $85.00 $680.00 10/28/2015 Over Time Shop Welding 2.00 $127.50 $255.00 Inspection 10/29/2015 Non Destructive 7.00 $90.00 $630.00 Testing Inspection 10/29/2015 Shop Welding Inspection 8.00 $85.00 $680.00 10/29/2015 Ov'er Time Shop Welding 2.00 $127.50 $255.00 Inspection 10/30/2015 Non Destructive Testing 5.00 $90.00 $450.00 Inspection 10/30/2015 Senior Engineer Ftg Rev 1.00 $110.00 $110.00 and Cert 10/30/2015 Shop Welding Inspection 8.00 $85.00 $680.00 10/30/2015 Over Time Shop Welding 2.00 $127.50 $255.00 Inspection 10/31/2015 Over Time, Non 4.00 $135.00 $540.00 Destructive Testing Inspection 10/31/2015 Over Time Shop Welding 10.00 $127.50 $1,275.00 Inspection 11/1/2015 Shop Welding Inspection 8.00 $85.00 $680.00 11/3/2015 Field Welding 6.00 $85.00 $510.00 11/4/2015 Field Welding 8.00 $85.00 $680.00 11/4/2015 Over Time Field Welding 1.50 $127.50 $191.25 11/5/2015 Field Welding 8.00 $85.00 $680.00 11/5/2015 Over Time Field Welding 1.00 $127.50 $127.50 11/6/2015 Field Welding 8.00 $85.00 $680.00 City Attorney Approved Version #05.22.01 3 PEM1320 1117/2015 Over Time Field Welding 8.00 $127.50 $1,020.00 1117/2015 Over Time Non Destructive 8.00 $135.00 $1,080.00 Testing Inspection 11/9/2015 Field Welding 8.00 $85.00 $680.00 11/10/2015 Field Welding 8.00 $85.00 $680.00 11/10/2015 Non Destructive Testing 8.00 $90.00 $720.00 Inspection 1/16/2016 Over Time Field Welding 6.00 $127.50 $765.00 1/18/2016 Non Destructive Testing 4.00 $90.00 $360.00 Inspection 1/20/2016 Field Welding 5.00 $85.00 $425.00 1/29/2016 Torque Test 4.00 $85.00 $340.00 1/30/2016 Senior Engineer Final Cert 2.00 $110.00 $220.00 2/1/2016 Torque Test 5.00 $85.00 $425.00 2/2/2016 Torque Test 3.00 $85.00 $255.00 3/31/2016 Project Engineer Review 2.00 $100.00 $200.00 Dailies, Foundation Certification Letter Sample Pick-up 4.00 $40.00 $160.00 LAB: Compression 16.00 $20.00 $320.00 Concrete TOTAL: $18,969.75 City Attorney Approved Version #05.22.01 4 PEM1320 AGREEMENT FOR GEOTECHNICAL, MATERIALS TESTING AND SPECIAL INSPECTION SERVICES FOR COLE LIBRARY PROJECT SERVICES CONSTRUCTION TESTING & ENGINEERING, INC. (CTE) . /THIS AGREEMENT is made and entered into as of the . day of /y/^//M\/6 e/^ 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and CONSTRUCTION TESTING & ENGINEERING, INC., (CTE), a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a materials testing firm that is experienced in Geotechnical, Materials Testing, and Special Inspection. B. Contractor has the necessary experience in providing professional services and advice related to Geotechnical, Materials Testing, and Special Inspection. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty two thousand dollars ($22,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incrementai payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be City Attorney Approved Version 4/1/15 PEM1320 under control of Cify only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to Cify for the acts and omissions of Contractor's subcontractor and of the persons either directiy or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directiy or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes ofthis section, and that this section will survive the expiration or early termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Besfs Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Besfs Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer City Attorney Approved Version 4/1/15 PEM1320 listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy listings report. 10.1 Coveraqe and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. Ifthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for Cify). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emolover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life ofthe Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions ofthis AgreemenL 10.3 Providing Certificates of Insurance and Endorsements. Prior to Cify's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in orderto maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 4/1/15 PEM1320 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period ofthree (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of Cify. 15. NOTICES The name ofthe persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Jesse Zunke Name Dan Math Title Municipal Project Manager Title Vice President/Principal Engineer Department Public Works Address 1441 Montiel Rd. Ste 115 City of Carlsbad Escondido, Ca 92026 Address 405 Oak Ave. Phone No. 760-746-4955 Carisbad, Ca 92008 Email blaine(gcte-inc.net Phone No. 760-434-2992 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 4/1/15 PEM 1320 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose sen/ices are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will complywith all applicable local, state and federal laws and regulations prohibiting discrimination and harassmenL 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not othenwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the Cify Manager. The City Manager will consider the facts and solutions recommended by each parfy and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage ofwork that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 4/1/15 PEM1320 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making ofthis Agreement. For breach or violation of this warranty. City will havethe right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 etseq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance ofthe false information or in reckless disregard ofthe truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitied to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms ofthe Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// City Attorney Approved Version 4/1/15 PEM 1320 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CONSTRUCTION TESTING & ENGINEERING, INC., a California corporation Thomas Gaeto / President (print name/title) By: (sign here) odnoy Bolt€ff4V Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Patrick A. Thomas / Public Works Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREVVER, City Attorney BY: .^_S^^^^^^L__ •Assistant City Attorney City Attorney Approved Version 4/1/15 PEM1320 EXHIBIT "A" SCOPE OF SERVICES A. GENERAL REQUIREMENTS The successful Consultant will provide the City with construction inspection and testing services consistent with established local and state law and guidelines. Under this agreement, the selected Consultant will provide, but not be limited, to the following scope of services: • Review and understand project plans, specifications and construction schedule to provide inspection, testing and full-time and/or part-time observations to complete the project within schedule. • Meet and confer with contractors and engineers/architects to coordinate construction activities and inspection requirements to provide comprehensive construction inspection and testing services as required by law. • Provide equipment, vehicles, administrative and support staff to complete the inspection and testing services in accordance to the project schedule which is subject to change. • Keep and submit concise daily logs, reports and testing results to contractor and/or City representative for record keeping on a monthly basis. • Obtain City representative approval for any extra work not included in the contract documents. • Submit monthly billing statements with invoices showing the original contract amount, the up to date paid amount and the contract balance. B. SCOPE OF SERVICES In accordance with the contract documents and the California Building Code (CBC), provide geotechnical, special inspection and materials testing services during the earthwork operations, construction of the proposed structures, installation of the underground utilities, and construction of the pavement sections. Anticipated scope of services for this project to include, but not limited, to the following: • Perform field observation and in-place density testing during earthwork operations. • Periderm geologic/engineering field services to evaluate the suitability of foundation excavations, temp cuts, cut slopes, and removal bottoms. • Perform field observation and in-place density testing during utility trench backfill and preparation of the pavement sections. • Laboratory testing of the materials used for fill, backfill, and pavement construction. The tests performed are anticipated to include Proctor density/optimum moisture content with rock corrections, expansion potential, and R-value testing. Tests in addition to these may be performed as appropriate. City Attorney Approved Version 4/1/15 PEM1320 • Perform special inspection at the site of the reinforcing steel. • Periderm special inspection at the site during placement of the structural concrete. Sample the fresh material and measure its temperature, and slump, as well as cast one set of four concrete cylinders for every 150 cubic yards placed, or fraction thereof during a day's placement. • Perform continuous special inspection during Shotcrete construction for swimming pools and skate park. Inspections will include observation of reinforcing steel placement prior to concrete placement, monitoring concrete placement, and sampling ofthe fresh material and measure its temperature, and slump, as well as cast shotcrete panels for every 50 cubic yards placed, or fraction thereof, during a day's placement. • Obtain cores of fabricated shotcrete panels for compression testing. • Perform special inspection of structural masonry construction. Fabricate mortar, grout and prism specimens for laboratory testing at intervals specified by the CBC. • As applicable, perform special inspection of structural steel erection by certified inspector of field welding and high strength bolt installation. Inspections will be made to confirm proper procedures and techniques (i.e. electrodes, pre-heat, fit-up, weld sizes and quality, proper installation and torque of high-strength bolt9). Shop fabrication will not need special inspection services. • Perform inspection of anchor bolt and all-thread rod installations with epoxy by a certified special inspector. Pull testing on installations will be performed when required by applicable ER report (ICBO report). • Laboratory testing for strength testing of concrete, shotcrete, mortar, grout And prism samples. • Provide as needed, project management and consultation including review of material submittals, response to RFI's, and preparation of letter reports summarizing observations and testing. Other general information: Geotechnical, special inspection and materials testing will be performed in accordance with the CSC, American Society for Testing and Materials (ASTM) Standards, and applicable building standards. Grading operations will be performed in accordance with the recommendations contained in the geotechnical evaluation report, civil and architectural technical plans, and City standards. Mass grading will performed over a three-month period with full time geotechnical observation and testing services. Fine grading, utility trench backfill, retaining wall backfill, subgrade preparation and construction of the asphalt pavement sections. Geotechnical observation and testing sen/ices are anticipated to be on a half-time ba6iS. Shotcrete operations which will include inspection of reinforcing steel placement, concrete placement by nozzle men, and fabrication of test specimen panels will be performed as continuous inspection as specified by CSC Standards. Masonry inspection will be performed on a continuous basis. Concrete flatwork construction will be inspected on a periodic basis. City Attorney Approved Version 4/1/15 PEM 1320 C. PROJECT TESTING AND INSPECTION REQUIREMENTS All testing and inspection will be in accordance with applicable codes and standards, and requirements of the approved construction documents for the project. REGULATORY REQUIREMENTS The design and construction of building projects are required to conform to all applicable Federal, State and Local regulations including, but not limited to, the California Code of Regulations and the Americans with Disabilities Act. City Attorney Approved Version 4/1/15 10 r The following is based on Time and Materials for the Cole Library Project No. 4020. Cole Library - Carlsbad Proposed Materials Testing and Inspection Services: PEM1320 Reinforced Concrete Inspection 40 hrs (g$85 $3,400 Concrete Batch Plant Inspection 16 hrs @$85 $1,360 Field Bolting Inspection: 16 hrs (g$85 $1,360 Epoxy Bolt/Dowel Inspection: 16 hrs (g$85 $1,360 Registered Special Inspector - Field Welding 28 hrs @$85 $2,380 Registered Special Inspector - Shop Welding 20 hrs (g$85 $1,700 Non-Destructive Testing Inspector - Field 8 hrs {g$90 $720 Non-Destructive Testing Inspector - Shop 6 hrs @$90 $540 (unless fabricated by approved shop) Registered Special Inspector - Welding Hand Rail 4 hrs (@$85 $340 Shot-Pins Pull Out Testing: 12 hrs (g$85 $1,020 Ceiling Wire Hangar Pull Tests: 8 hrs (g$85 $680 Concrete Mix Design Review 2 each @$190 $380 Base Plate Grout Compression Testing 4 each (§$20 $80 Base Plate Grout Inspection 4 hrs (g$85 $340 Grout Mix Design Review 1 each (g$190 $190 Concrete Compression Tests 20 each {g$20 $400 A325 Bolt Tensile Testing 3 each (g$80 $240 A325 Bolt Hardness Testing 3 each (g$50 $150 Sample Pickup 4 each @$40 $160 Estimated Sub-Total Materials Testing and Inspection: $16,800 Proposed Geotechnical Testing Services: Service Qty Unit Rate/Unit Total Soils Technician (Compaction Test - Fine Grading, Over-Ex)20 hrs @$87 $1,740 Soils Technician (Compaction Test - Trench / Wall Backfill) 16 hrs @$87 $1,392 Soils Technician (Compaction Test - Aggregate Base) 8 hrs @$87 $696 Lab Maximum Density Test 2 each @$^Q0 $380 Expansion Index 1 each @$120 $120 Sieve Analysis 1 each (g$80 $80 Staff Engineering Services 4 hrs @$90 $360 Sr. Engineer Services 2 hrs (g$110 $220 Estimated Sub-Total Geotechnical Services: $4,988 Estimated Total Proposed Services: $21,788 11 City Attorney Approved Version 4/1/15 Donna Heraty From: Sent: To: Cc: Subject: Dear Consultant: Donna Heraty Tuesday, November 10, 2015 11:56 AM 'blaine@cte-inc.net' Shelley Collins; Rhonda Gasper-Heather; Janean Hawney Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for Geotechnical, Materials Testing and Special Inspection Services for Cole Library Project Services- If your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, ('city of Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www .carlsbadca.gov 760-434-2917 I Shelley.Collins@carlsbadca.gov Connect l itll u Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 1