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HomeMy WebLinkAbout2000-01-11; City Council; 15562; Inspection Services Capital Improvement ProjectsA u-l -A---- CITY OF CARLSBAD - AGENDA BILL L-4 “3 W# e TITLE: (I v- DEPT. HD. MATERIALS TESTING AND UlTG. l/l l/O0 INSPECTION SERVICES FOR CITY CAPITAL IMPROVEMENT PROJECTS IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. * -/o approving two contractor agreements for materials testing and inspection services for City capital projects. ITEM EXPLANATION: Materials testing and inspection services are required on all City capital improvement projects to ensure materials incorporated into the work comply with specifications. Staff prepared a materials testing and inspection scope of work and solicited competitive proposals from eight materials testing and inspection firms within the San Diego County area. Proposals were received from six firms. Following evaluation of the proposals and an analysis of comparative costs, staff recommends the City enter into separate agreements with Kleinfelder, Incorporated, and Testing Engineers - San Diego, Incorporated, to provide materials testing and inspection services for City capital projects. Two firms have been selected to provide these services to increase reliability and to better distribute the work throughout the industry. The initial contract is for a period of one year with provisions for three additional one year periods based upon the City’s needs and satisfactory performance by the Contractor. FISCAL IMPACT: All costs for materials testing and inspection services are charged directly to individual capital improvement project accounts and are budgeted for at award of contract. Both agreements set an annual maximum of $200,000 for the first year with the provision for three additional one year periods. ENVIRONMENTAL REVIEW: The Planning Director has determined that this action does not constitute a project subject to CEQA and therefore is not required to go through environmental review and analysis. EXHIBITS: 1. Resolution No. d 060 -10 approving two contractor agreements for materials testing and inspection services for City capital projects. 2. Contract agreement with Kleinfelder, Incorporated. 3. Contract agreement with Testing Engineers - San Diego, Incorporated. RESOLUTION NO. 71100-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND KLEINFELDER, INCORPORATED, AND TESTING ENGINEERS - SAN DIEGO, INCORPORATED, FOR ANNUAL MATERlAL TESTING AND INSPECTION SERVICES FOR CAPITAL IMPROVEMENT PROJECTS. 6 WHEREAS, the City Council of the City of Carlsbad has determined it necessary, 7 desirable and in the public interest to provide material testing and inspection services as an 8 element of the construction process for City capital improvement projects; and WHEREAS, staff has solicited proposals from two qualified materials testing and 9 inspection firms to provide these necessary services to the City; and 10 WHEREAS, both agreements set an annual maximum of $200,000 for the first year with l1 the provision for three additional one year periods; and 12 WHEREAS, the availability of funds for these services will be determined at award of 13 contract. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Caliiomia, as follows: 15 1. That the above recitations are true and correct. 16 2. That the Mayor and City Clerk are authorized and directed to execute contracts l7 between the City of Carlsbad and Kleinfelder, Incorporated, and Testing Engineers - San Diego, 16 Incorporated, to provide materials testing and inspection services. 19 3. That the Purchasing Officer is hereby authorized and directed to issue purchase 2. orders to Kleinfelder, Incorporated, and Testing Engineers - San Diego, Incorporated. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 21 held on the 11th day of JANUARY 2000 by the following vote, to wit: 22 AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin 27 ATTEST: 26 (SEAL) AGREEMENT THIS AGREEMENT is made and entered into as of the 18th day of JANUARY , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and KLEINFELDER INCORPORATED, hereinafter referred to as “Contractor” for materials testing and inspection services. RECITALS City requires the services of a Materials Testing and Inspection Contractor to provide the necessary materials testing and inspection services for Capital Improvement Projects; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor shall provide material testing and inspection services for various City projects on an as needed basis and as directed by the City Engineer or designated representative. 2. CITY OBLIGATIONS The City shall; A. Supply the Contractor with plans and specifications or other available information within City records that may be necessary for Contractor to perform the requested testing or inspections for each site. rev. 2126199 -1 - B. Determine the scope of work to be performed including the number and locations of tests or inspections. 3. PROGRESS AND COMPLETION The work under this contract will begin immediately after receipt of notification to proceed by the City. The City Engineer or designated representative will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall not exceed $200,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for three additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. . rev. 2/26/99 -2 - 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. The fees payable will be in accordance with the pricing established in Exhibit “A”, Fee and Schedules dated 1 l/4/99, attached hereto and made a part hereof. The Contractor shall submit a revised pricing schedule which shall be approved by the City Engineer or designee prior to execution of contract extensions. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Car&bad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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 -3 - rev. 2/26/99 award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gif&, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manag’er, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The -4 - rev. 2/26/99 City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. + (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false’ claims are incorporated herein by reference. (Initial) rev. 2/26/99 -5 - 12. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractors own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. rev. 2/26/99 -6 - The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, -7 - rev. 2/26/99 losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractors subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or -8 - rev. 2/26/99 similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be categories Cl, C2, & G. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder -9 - rev. U26199 by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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 Best’s Key Rating of not less than “A-V’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractors profession with limits of not less than $1 ,OOO,OOO per claim. Coverage hall be maintained for a period of five years following the date of completion of the work. -lO- rev. 2/26/99 shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. -11 - rev. 2/26/99 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For Contractor: Title Name ’ Address Public Works Director Lloyd B. Hubbs 2075 Las Palmas Drive Cartsbad, CA 92009 Title Name Address President Mark Baron 7895 Corivoy Court, Suite 18 San Diego, CA 92111 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. rev. 2/26/99 A 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such’amendment, waiver or discharge is sought. r* Executed by Contractor this Is day of ,198. CONTRACTOR: ATTEST: By: (sign here) (print name/title) ALETHA L. RAUTENKRANi City Clerk LORRAINE M. WOOD, City Clerk (Proper notarial acknowledgment of execution by Testing Engineers San Diego, Inc. must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must .sign for corporations. 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: RONALD R. BALL City Attorney By: . -13 - rev. 2/26/99 * *. ’ Roorivacl: 10/12/89 Q:qOAM; ,-> 8.0. Environmental Svoafpro~ Page B OCT-12-99 TUE 08:12 AH CHICAG?,TITLE FAX NO. 510 46; 0738 P. 09 CALIFORNIA Al&PURPOSE ACKNOWLEDGMENT Nn NO? personally appeared 61 personally known to me - OR - %oved to me on the basis of satisfactory evidence .* to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WlTNESSmyhand OPTIONAL Though the data below is not required by law. it may prove: valuable to persons relying on Ihe document and could prevent fraudulent reattachment of this form. CAPACITYCLAIMEDBYSIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT ---I-.-------- ” ..*w.- - TITLE OR TYPE OF DOCUMENT mm(s) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT -. NUMBER OF PAGES a TRUSTEE(S) a GUARDIAN/CONSERVATOR n OTHER: ---.---mm.- -- -m-e- DATE OF DOCUMENT -. . ..*.ww. c ..- SIGNER IS REPRESENTING: NAMC: Or FCFGON(4) OR CNTllY(lCS) ._-.--- -...a . .a.‘, ‘- ----_ , . . . -- . --. _.___.-_._.__. _* . . . . . . . . . . . *’ SIGNER(S) OTHER THAN NAMED ABOVE . .., ,---m.-_----. - EXHIBIT A TESTING ENGINEERS-SAN DIEGO, INC. FEE SCHEDULE Prepared for the City of Carlsbad October 20,1999 1. SOILS/SAMPLING l Density in Place (Sand Cone Method). ........................................ $ 40.00 / hour l Density in Place (Nuclear Method). ............................................. $ 40.00 / hour l Moisture Content in Place.. .......................................................... $ 40.00 / hour 0 “R” Value ..................................................................................... $ 125.00 /each l Soils Investigation Reports .......................................................... $ Per Quote 0 . Percolation ................................................................................... . Per Quote 2. CONCRETE/SAMPLING l Mix Design (Review). ................................................................. .$ 100.00 / each l Compression Strength.. ................................................................ $ 13.00 / test l Slump Test.. ................................................................................. $ 38.00 / hour l Air Content ................................................................................... $ 38.00 /hour 3. AGGREGATES l Sieve Analysis.. ............................................................................ $ 45.00 f test (Coarse or fine) l LA Abrasion ................................................................................. $ 125.00 / each l Organic Impurities ....................................................................... $ 35.qO / each l Sand Equivalent ......................................... .................................. $ 60.00 / each 4. REINFORCING STEEL l Tensile Strength and Ductility (Size 11 or Smaller). ............. ). .... $ 30.00 / each . Tensile Strength and Ductility (Size 12 and Larger) ................... $ 50.00 / each 5. STRUCTURAL STEEL l Tensile Strength and Ductility (Up to 200,000 lbs.). ................... $ 30.00 / each l Ultrasonic Testing.. ...................................................................... $ 45.00 / hour **Please refer to exhibit B for services not listed above** - EXHIBIT A 6. ASPHALT CONCRETE/SAMPLING 0 Plant Inspection ............................................................................ $ 38.00 /hour l Mix Design (Review) ................................................................... $ 100.00 / each l Asphalt Extraction and Gradation ................................................ $’ 150.00 / each l Density in Place ........................................................................... $ 40.00 / hour l Hveem Stability ........................................................................... $ 100.00 / each 7. MASONRY CONSTRUCTION l Prism Compression Test (8 x 8 x 16). .......................................... $ 60.00 / each l Prism Compression Test (8 x 16 x 16). ........................................ $ 90.00 1 each l Mix Design (Review). .................................................................. $ 100.00 / each 8. MASONRY BLOCK l Absorption and Unit Weight.. ...................................................... $ 40.00 / each 0 Compression ................................................................................ $ 35.00 /each l Drying Shrinkage ........................................................................ .$ 100.00 / each l Moisture ....................................................................................... $ 25.00 / each MASONRY BRICK l Absorption.. .. . ............................................................................... $ 30.00 / each 0 Compression ................. ..- ............................................................ $ 30.00 / each l Efflorescence ................................................................................ $ 30.00 / each l Rupture.. ....................................................................................... $ 30.00 / each MASONRY MORTAR AND GROUT l Compression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14.00 / each 10. ADOBE BLOCK l Absorption.. .................................................................................. $ 30.00 / each l Compression ................................................................................ $ 30.5)O / each l Erosion ......................................................................................... $ 30.00 / each l Rupture ......................................................................................... . 30.00 / each l Moisture ....................................................................................... $ 30.00 / each **Please refer to exhibit B for services not listed above** Testing Engineers - San,Diego, Inc. 7895 Convoy Court, Suite 18 San Diego, CA 92111 EXHIBIT B Page 1 of 5 (858) 715-5800 Fax: (858) 7154810 bvised 10/20/99 PROFESSIONAL ENGINEERING STAFF Principal Engineer Registered Engineer / Certified Engineering Geologist / Architect Project Engineer / Gelogist / Architect Environmental Consultant / Registered Environmental Assessor Staff Engineer ! Geologist / Architect Environmental Specialist Roofing / Waterproofing Consultant Roofing /Waterproofing Inspector Foundation Inspections INSPECTION SER WCES & OUALITY CONTROL Registered Special Inspector (CDII&C, MZISWY. welding ~c-strur, %-I%@ Mechanical ! Electrical Inspector AC1 Technician / Field Technician Senior Construction Inspector Associate Construction Inspector Construction Inspector Soil Technician includes nuclear gauge or mobile laboratory Pile Driving Inspector / Deep Foundations Quality Control Representative Submittal Reviewer QC Plan Preparation NON-DESTRUCTIVE TESTING SERVICES Non-Destructive Testing Inspector (mtratoni~, IM@C particle, dp metrate) Metalic Surface Coatings (paint OT ~hunc~e~~~cnt Fireproofing) Radiographic (low power portable and laboratory available) SPECIAL SER MCES: Anchor Pull Tests - up to 30 tons Batch Plant Inspector Coring / Sawing Operator & Equipment Floor Flatness (Includes reports and ~egistcred E&W CC&G&XI) Mobilization / Demobilization - flat rate Procedure Qualification per AWS, ASME or Military Standards Reinforcing Steel Location SUPPORT SERVICES: Certificate of Completion Draftsman Express Mail (FEDEX/UPS) (minimum) Facsimile (each page) File Search, rr-issue ofreport, copies (minimum) Pickup/Deliver?l (per trip within San Diego County) Word Processing/Secretarial (per hour) COURT APPEARANCE AND DEPOSITIONS: Deposition or Testimony (travel & expenses not included) Evidence Storage (per month) *Includes a cell or mobile phone and a laptop computer. per Hour $110 $95 $85 $110 $65 $75 $110 $45 $85 $40 $55 $38 $60* $55* $50* $40 $50 QUOTE QUOTE QUOTE $45 QUO’I’E QUOTE $60 $38 $150 $95 $75 QUOTE $65 $250 $60 $25 $1 $50 $40 $45 $200 J5rl EXHIBIT B - San Diego, Inc. 7895 Convoy Court, Suite 18 San Diego, CA 92111 Page 2 of 5 (858) 715-5800 Fax: (858) 7154810 SOILS. L California Bearing Ratio (CBR), Includes Maximum Density Curve Cement Treated Base, Laboratory Design - Soil Cement, Each Set Cement Treated Base, Sample Fabrication (Set of Three) Cement Treated Base, Compression Test Chloride Content of Soil Consolidations - Per Point Direct Shear Test Expansion Index Hydrometer Analysis with fine grading Hydrometer Analysis with coarse & fine grade Laboratory Compaction Test (Moisture Density-Each Curve) Laboratory Compaction Test Requiring Rock Correction Moisture Content Plasticity Index ! Liquid Limit Permeability Test - Constant Head $360 $435 $120 $25 $40 $50 $225 $130 $180 $230 $130 $190 $20 $125 Fine Grained Soil Granular Soil Other R - Value (Minimum 3 pts.) Resistivity and pH of Soil Sand Equivalent Shrinkage Limit Sodium Sulfate Soundness (Per Size Fraction) Soil Classification Sulphate Content of Soil AGGREGATES: $210 $350 QUOTE $125 $125 $60 $90 $70 $210 $40 Absorption Test, Coarse Aggregate $25 Absorption Test, Fine Aggregate $25 Aggregate Conformance Testing for State of California Pmiects $210 (includes: Slzve Analysts. Specific Gravity, No. 200 Wash, Organic Impunties. Unil Weight) Clay Lumps and Friable Particles Clmess Value Crushed Particles, Percent Durability Index, Coarse Aggregate Durability Index, Fine Aggregate Los Angeles Rattler Mortar making properties of tine aggregates Organic Impurities in Sand Sieve Analysis (Gradation), Coarse Aggregate Sieve Analysis (Gradation), Fine Aggregate (Including Wash) Specific Gravity, Fine Aggregate Specific Gravity, Coarse Aggregate Unit Weight per Cubic Foot, Voids in Aggregate $85 $70 $110 $95 $70 $125 5225 $35 $45 $45 $50 340 $50 ASTM Designation D 1883 - --- -- -- D 2435 D 3080 D 4829 - D 1557 11557 /D 471 D 2216 D 4318 - D 2434 D 4318 - - D 2419 D 427 c 88 D 2487 - C 127 C 128 --- C 142 - m-v D 3744 D 3744 : 131 0rC 53: C 87 c 40 C 136 C 136 C 128 C 127 C 29 devised lo/20199 Other Method Used - CTM312 * -- -- _I UBC 18-2 - -- Cl-M 216 - - - - Cl-M 301 CTM 643 CTM217 - - - - - CTM 227 CTM 205 Cl-M 229 CTM 229 cTM211 - - - B EXHIBIT Testing Engineers - San Diego, Inc. 7895 Convoy Court, Suite 18 Page 3 of 5 Y San Diego, CA 92111 (858) 715-5800 Fax: (858) 715-5810 Test Procedure ASPHALTCONCRETE: Asphalt Mix Design Asphalt Mix Design Review Extraction, % Asphalt (Including gradation) Film Stripping Hveem Stability Marshall Stability, Flow & Unit Weight ( Three Specimens) Maximum Theoretical Unit Weight (Rice Specific Gravity) Percent Swell Unit Weight Compacted Sample or Core (Bulk Specific Gravity) Unit Weight Sample Requiring Compaction CONCRETE: Cement Testing Compression Tests, 6x12 Cylinder Compression Tests, Gunite/Shotcrete Panels, 3 Cut Cores per Panel (Set) Compression Tests, Cores (Includes Sample Preparation) Compression Tests, Lightweight Concrete Fill Concrete Flexural Test, 6x6x1 8 Concrete Mix Design (Includes Aggregate Testing) Concrete Mix Design (Revision or Review) Drying Shrinkage (3 Specimens-28 Days) Gun&e Panel, 3 Cores Gunite Panel, 4 Cores Modulus of Elasticity, Static Splitting Strength Test Trial Batch, Inclucles Mix Design, Aggregate Testing & Six Compression Tests Unit Weight, Lightweight Concrete Fill MASONRY: Absorption Test, Brick, 7-Day Absorption Test, Brick, 24-Hour Submersion Absorption Test, BriGk, 5-Hour Boiling Composite Prism (under 400,000 lbs.), Half Size 8 x 16 x 8 Composite Prism (under 400,000 lbs.), Full Size 8 x 16 x 16 Compression Test, Brick Compression Test, Blocks Larger Than 8x8~16 Compression Test, Blocks Less Than or Equal to 8x8~16 Compression Tests, Grout Compression Tests, Mortar, 2x4 cylinder UBC Con!bnnance Package Efilorescence, Block with Mortar Eftlorescence, Block Only Eftlorescence; Brick only In-Place Shear Test (per test) Linear %rhkige Modulus of Rupture, Brick Moisture as Received, Brick Saturation Co-Efficient (Includes Absorption) Brick Shear Test, cores (excludes sample preparation) Compression Test Cores (includes sample preparation) per Specimen Quote $100 $150 $65 $100 $150 $80 $80 $50 $115 QUOTE $13 $190 $40 $30 540 $280 $125 $190 $190 $230 $78 $60 $525 $30 $30 $30 $30 $60 $90 $30 $35 $35 $14 $14 $350 $40 $30 $30 $80 $100 330 $25 $40 ) $50 $40 $40 ~~ ‘y....>> ,>‘~::‘.:~, &.’ ASTM Designation - I- D2172 - t 1560/D272 11559/D272 D2041 - D 2726 D 2726 - c 39 c 39 C 42 c 495 C 293, C 78 - C 157 (Mod) - - C 469 C 496 - c 495 C 67 ‘C 67 C 67 E447 E 447 C 67 c 140 c 140 c 1019 C 780 c 90 -I -_ C 67 - C 426 C 67 C 67 C 67 - C 42 c 140 devised 10/20/99 ~~~~~~~~~~~~~~ :::::qg* >$y. ‘p& ;,;y ., ..A . ..+q 9. . v,. 0. n ..” ..A.., ~~:::~~:~:::::..~~~~~~,~:, iyyLy ‘“‘m Other .. ” Method Used - CTM 31OKY-M 382 CTM 302 CTM 304,308 & 366 - - CTM 305 CTM 308 CTM 304 BE 308 - UBC 21-17 UBC 21-17 - - UBC 21-18 UBC 21-16 - UBC 21-6 - - Title 24 Title 24 EXHIBIT B Testing Engineers - San Diego, Inc. 7895 Convoy Cotnt, Suite 18 San Diego, CA 92111 (858) 71k5800 Fax: (858) 715-5810 Page 4 of 5 Revised 10/20/99 ~<~~~~.V.W’,, 7. ,...‘,L:.>):.>,>> .,.;.,. .“‘.......Av.....+ . ..A.... .a,. . . . . . . . . h.+:<. +., y.d.~..., . . . . . . ..A... . ,.. \ , Y... . . . ..v.....A.v. i.. .y.,>v . . . ..y...>..>: .q+> n .., ..&.. w:...:..:~.:.s.~.~., ::~?;::~~~~:::::~~~~~~:.::;,.~ . . ..L%%L . . .,.,. >>,.. Other Test Procedure STEEL- - High Strength Bolt, Nut t Washer Conformance (Wedge Tensile, Proof Load, Hardness) Mechanical Tests, Hardness Test, Rockwell Prestressed Steel, Tensile Test, Strand (7 wire) Reinforcing Steel, Tensile Test - No. 11 Bars & Smaller Reinforcing Steel, Tensile Test - No. 14 Bars & Larger (TO pi. Rcgti. only) Reinforcing Steel, Bend Test: No. 11 Bars & Smaller Mechanically Spliced Reinforcing Steel Spray Applied Fireproofing Density Tests Oven Dry Method Displacement Method Structural Steel, Tensile Test - Up to 200,000 lbs. Structural Steel, Bend Test. Structural Steel,‘Pipe Flattening Test Welded Specimens, Tensile Test - No. 11 Bars & Smaller Welded Specimens, Tensile Test - No. 14 Bars (To Min. Require. Only) Welded Specimens, Tensile Test - No. 18 Bars (To Min. Require. only) Welded Specimens, Tensile Testing - Mechanically Spliced Bar ROOFING: Asbestos Evaluation (per ply) Asphalt Softening Point Rooting Material Analysis, With Surfacing Roofing Material Analysis, Without Surfacing Rooting Tile, Absorption (set of 5) Roofing Tile, Strength Test (set of 5) WELDING CERTIFICATION American Welding Society (AWS Dl ,l) ~ Limited Thickness Plate (per position) Unlimited Thickness Plate (per position) Pipe (per position) American Welding Society (AWS D1.4) Bar Sizes #3 through #9 (each) Bar Sizes # IO through # 11 (each) Bar Sizes # I4 through # 18 (each) American Society of Mechanical Engineers (ASME) Plate or Pipe Procedure Qualification (each) Plate or Pipe Welder Qualification (each) American Welding Society (AWS D1.3) Light Gauge Metal (includes butt and plug weld) Procedure Quelitication per AWS, ASME or Military Standards Fillet Weld Test (Break and Etch Test) Fillet Weld Test Plates Ultrasonic Testing of Weld Coupons Witness time, If Required ~ ..A , .2,,.,... . .:...:.:...&.> __ . . . . h . . . . . . :...s)(.\.... i’.,.,.,.,.,..,,. ._. . _. Price twr Soecimen . ..~.~.~.~...~,)~~.)“~~~..~.: ..,., ASTM Desknation $100 -- $40 - $90 - $30 A615 $50 A615 $30 - $80 - $30 $30 $40 $30 $30 332 $60 $80 $80 $40 $150 3.450 $225 $150 $150 - $200 $230 $230 - $200 $230 $250 -_ $550 $550 - $180 QUOTE $180 $30 $90 $55 E 605 E 605 A 370 - - - - - -- - - D 2829 D 3617 -- -_ --- -- - - --- -__ --- - --- - - -- - -- -- --- - - Method Used UBC 7-6 -- - - - - -s I_ - -- - - I- - _I _I - - - -__ _I - -I - - CORPORATE RESOLUTION “RESOLVED, that Mark Baron whose signature appears below, of this corporation are hereby authorized, from time to time, in the name of this corporation to execute a contract for services and in such sums, upon such terms, and as often as may seem advisable to such persons.” “The authority herein conferred shall continue in full force and effect until written notice of its revocation shall be received by any holder of any of the above described instruments executed prior to any such revocation.” Authorized Signatures: Signature Signature Signature I, Donal Alford, Secretarv of U. S. Laboratories, hereby certify that the foregoing is true copy of resolution duly and legally adopted by the Board of Directors of said corporation, At a legal meeting of said Board duly and regularly held Februarv 8. 1999, and that the signatures appearing on the above mentioned copy of said resolution are genuine signatures of the persons mentioned in said resolution and authorized to act on the behalf of said corporation as set forth in said resolution. I further certify that said resolution has not been amended or revoked and is still in full force and effect. Dated: December 13, 1999 AGREEMENT THIS AGREEMENT is made and entered into as of the 18th day of JANUARY , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and TESTING ENGINEERS SAN DIEGO, INCORPORATED, hereinafter referred to as “Contractor” for materials testing and inspection services. RECITALS City requires the services of a Materials Testing and Inspection Contractor to provide the necessary materials testing services for Capital Improvement Projects; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor shall provide material testing and inspection services for various City projects on an as needed basis and as directed by the City Engineer or designated representative. 2. CITY OBLIGATIONS The City shall; A. Supply the Contractor with plans and specifications or other available information within City records that may be necessary for Contractor to perform the requested testing for each site. rev. Z/26/99 -1 - h B. Determine the scope of work to be performed including the number and locations of test5 3. PROGRESS AND COMPLETION The work under this contract will begin immediately after receipt of notification to proceed by the City. The City Engineer or designated representative will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall not exceed $200,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the proiect has been accepted by the City. 5. DURATION OF CONTRACT This agreement shall extend for .a period of one year from date thereof. The contract may be extended by the City Manager for three additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. -2 - rev. 2/26/99 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. The fees payable will be in accordance with the pricing established in Exhibit ‘A”, Fee and Schedules dated October 20, 1999, attached hereto and made a part hereof. The Contractor shall submit a revised pricing schedule which shall be approved by the City Engineer or designee prior to execution of contract extensions. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the .City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 6. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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, -3 - rev. 2/26/99 brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such . fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Contractors failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; -4- rev. 2126199 however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if’ a false claim is submitted to the City, it may be considered fraud and the .Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. & (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (Initial) -5 - rev. 2/26/99 12. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 13. STATUS OF THE CONTRACTOd , The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractors independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City ‘ shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. rev. 2/26/99 -6 -I , . - The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. * 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements .of law: federal, state ahd local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the -event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall havethe right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, -7- rev. 2/26/99 losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. l 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly- or I indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. -20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly, or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or -6 - rev. 2/26/99 similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION . No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be categories Cl, C2, & G. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder -9 - rev. 2126/99 by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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 Best’s Key Rating of not less than “A-V’ and shall meet the City’s policy for insurance . as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage.’ If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract ‘or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined. single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $l,OOO,OOO per claim. Coverage -10 - rev. 2/26/99 - h shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this ’ agreement contain, or are endorsed to contain, the following provisions- I. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. -II - rev. 2126199 - 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Name ’ Address Public Works Director Lloyd B. Hubbs 2075 Las Palmas Drive Carlsbad, CA 92009 For Contractor: Title Name Address President Mark Baron 7895 Corivoy Court, Suite I8 San Dieoo. CA 921 I I 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. rev. 2/26/99 h 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such’ amendment, waiver or discharge is sought. TN- Executed by Contractor this \s day of ,I9$% CONTRACTOR: ATTEST: By: (sign here) (print name/title) ALE-THA L. RAUTENKRAN’Z City Clerk LORRAINE M. WOOD, City Clerk (Proper notarial acknowledgment of execution by Testing Engineers San Diego, Inc. must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must *sign for corporations. Othetwise, the corporation must attach a resolution certified by th’e secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL rev. 2/26/99 -13 - - Received: 10/12/09 O:lOAM; -> 8.0. Environmental Svcs/Pro~ Page 9 CCT-12-00 TlJE 08:12 AH CHICAGC,TITLE FAX NO, 510 46; 0738 P* 00 CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT NQ war personally appeared a personally known to me - OR - %oved to me on the basis of satisfactory evidence ,, to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0, CORPORATE OFFICEA ---.-.--..-se . - . ..“.C - TITLE OR TYPE OF DOCUMENT mws) 0 PARTNER(S) . 0 LIMITED 0 GENERAL 0 -. ATTORNEY-IN-FACT NUMBER OF PAGES m TRUSTEE(S) 0 GUARDIANICONSEAVATOR n OTHER: m--.-----C.- ----- DATE OF DOCUMENT SIGNER IS REPAESENIING: NAMC Of FCASON(9) OR CNTlTV(lCS) .__.._- -.... , . ..‘. ‘- ---- . . . . --. --. ..---. - ._.__. -. , .a I a.... . *. SIGNER(S) OTHER THAN NAMED ABOVE . . , , .----. .-.-----. EXHIBIT A TESTING ENGINEERS-SAN DIEGO, INC. FEE SCHEDULE Prepared for the City of Carlsbad October 20,1999 1. SOILS/SAMPLING l Density in Place (Sand Cone Method). ........................................ $ 40.00 / hour l Density in Place (Nuclear Method) .............................................. $ 40.00 / hour l Moisture Content in Place ............................................................ $ 40.00 / hour l “R” Value ..................................................................................... $125.00 / each l Soils Investigation Reports .......................................................... $ Per Quote 0 . Percolation ................................................................................... $ Per Quote 2. CONCRETE/SAMPLING l Mix Design (Review) ................................................................... $ 100.00 / each l Compression Strength.. ................................................................ $ 13 .OO / test l Slump Test.. ................................................................................. $ 38.00 / hour l Air Content.. ................................................................................. $ 38.00 / hour 3. AGGREGATES l Sieve Analysis.1.. .......................................................................... $ 45.00 /test (Coarse or fine) l LA Abrasion ................................................................................. $ 125.00 / each l Organic Impurities ....................................................................... $ 35.CjO / each . Sand Equivalent ............................................................................ $ 60.00 / each 4. REINFORCING STEEL l Tensile Strength and Ductility (Size 11 or Smaller). ................... $ 30.00 / each . Tensile Strength and Ductility (Size 12 and Larger) ................... $ 50.00 / each 5. STRUCTURAL STEEL l Tensile Strength and Ductility (Up to 200,000 lbs.). ................... $ 30.00 / each l Ultrasonic Testing.. ...................................................................... $ 45.00 / hour **Please refer to exhibit B for services not listed above** EXHIBIT A 6. ASPHALT CONCRETE/SAMPLING 0 Plant Inspection ............................................................................ $ 38.00 /hour l Mix Design (Review) ................................................................... $, 100.00 / each l Asphalt Extraction and Gradation ................................................ $ 150.00 / each l Density in Place ........................................................................... $ 40.00 / hour l Hveem Stability ........................................................................... $ 100.00 / each 7. MASONRY CONSTRUCTION l Prism Compression Test (8 x 8 x 16). .......................................... $ 60.00 / each l Prism Compression Test (8 x 16 x 16). ........................................ $ 90.00 / each l Mix Design (Review). ................................................................. .$ 100.00 / each 8. MASONRY BLOCK l Absorption and Unit Weight.. ...................................................... $ 40.00 / each 0 Compression ................................................................................ $ 35.00 /each l Drying Shrinkage ......................................................................... $ 100.00 / each l Moisture ....................................................................................... $ 25.00 / each 9. MASONRY BRICK l Absorption.. .. . ............................................................................... $ 30.00 / each l Compression ................................................................................ $ 30.00 / each l Efflorescence ................................................................................ $ 30.00 / each l Rupture ......................................................................................... $ 30.00 / each 9. MASONRY MORTAR AND GROUT 0 Compression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14.00 / each 10. ADOBE BLOCK l Absorption.. .................................................................................. $ 30.00 / each l Compression ................................................................................ $ 30.00 / each l Erosion.. ....................................................................................... $ 30.00 / each l Rupture.. ....................................................................................... $ 30.00 / each l Moisture ....................................................................................... $ 30.00 / each **Please refer to exhibit B for services not listed above** - EXHIBIT B - San,Diego, Inc. 7895 Convoy Court, Suite 18 San Diego, CA 92111 Page 1 of 5 (858) 7134800 Fax: (858) 715-5810 PROFESSIONAL ENGINEERING STAFF Principal Engineer Registered Engineer I Certified Engineering Geologist /Architect Project Engineer / Gelogist /Architect Environmental Consultant / Registered Enviromnental Assessor Staff Engineer / Geologist I Architect Environmental Specialist Roofing / Waterproofing Consultant Roofmg / Waterproofing Inspector Foundation Inspections INSPECTION SERVKES & OUALITY CONTROL Registered Special Inspector (cm-, MV, weldiog, ~e-sbasq ~~epmow Mechanical ! Electrical Inspector AC1 Technician / Field Technician Senior Construction Inspector Associate Construction Inspector Construction Inspector Soil Technician includes nuclear gauge or mobile laboratory Pile Driving Inspector / Deep Foundations Quality Control Representative Submittal Reviewer QC Plan Preparation NON-DESTRUCTIKE TESTING SERWm Non-Destructive Testing Inspector (ti onic, magnetic partide, dye pbate) Metalic Suriace Coatings (paint 01 Ihlmescclleent Finproofing) Radiographic (low power portable and laboratory available) SPECIAL SERVICES: Anchor Pull Tests - up to 30 tons Batch Plant inspector Coring / Sawing Operator & Equipment Floor Flatness (Includes reports and Registered hgittc~r thtifi~ati~n) Mobilization / Demobilization - flat rate Procedure Qualification per AWS, ASME or Military Standards Reinforcing Steel Location SUPPORT SERIKES: Certificate of Completion Drattsman Express Mail (FEDEX/UPS) (minimum) Facsimile (each page) File Search, m-issue of report, copies (minimum) Pickup/Delivery (per trip within San Diego County) Word Processing/Secretarial (per hour) COURTAPPEARANCE AND DEPOSITIONS: Deposition or Testimony (travel & expenses not included) Evidence Storage (per month) *Includes a cell or mobile phone and a laptop computer. per Hour $110 $95 $85 $110 $65 575 $110 $45 $85 $40 $55 $38 $60* s55* $50: $40 $50 QUOTE QUOTE QUOTE Qg5m QUOTE $60 $38 $150 $95 $75 QUOTE $65 $250 560 $25 $1 $50 540 $45 $200 $50 Levised 10/20/99 EXHIBIT B - San Diego, Inc. 7895 Convoy Court, Suite 18 San Diego, CA 92111 Page 2 of 5 (858) 715-5800 Fax: (858) 715-5810 Test Procedure SOILS: California Bearing Ratio (CBR), Includes Maximum Density Curve Cement Treated Base, Laboratory Design - Soil Cement, Each Set Cement Treated Base, Sample Fabrication (Set of Three) Cement Treated Base, Compression Test Chloride Content of Soil Consolidations - Per Point Direct Shear Test Expansion Index Hydrometer Analysis with fine grading Hydrometer Analysis with coarse & fine grade Laboratory Compaction Test (Moisture Density-Each Curve) Laboratory Compaction Test Requiring Rock Correction Moisture Content Plasticity Index / Liquid Limit Permeability Test - Constant Head $360 $435 $120 525 $40 $50 $225 $130 $180 $230 $130 $190 $20 $125 Fine Grained Soil Granular Soil Other R - Value (Minimum 3 pts.) Resistivity and pH of Soil Sand Equivalent Shrinkage Limit Sodium Sulfate Soundness (Per Size Fraction) Soil Classification Sulphate Content of Soil AGGREGATES: $210 $350 QUOTE $125 $125 $60 $90 $70 $210 $40 Absorption Test, Coarse Aggregate 525 Absorption Test, Fine Aggregate $25 Aggregate Conformance Testing for State of Califomia Prcjects $210 (Includes: Sieve Analysa. Specific Gravity, No. 200 Wesh, Organic Impunties, IJmt Weight) Clay Lumps and Friable Particles Cleanness Value Crushed Particles, Percent Durability Index, Coarse Aggregate Durability Index, Fine Aggregate Los Angeles Rattler Mortar making properties of tine aggregates Organic Impurities in Sand Sieve Analysis (Gradation), Coarse Aggregate Sieve Analysis (Gradation), Fine Aggregate (Including Wash) Specitic Gravity, Fine Aggregate Specific Gravity, Coarse Aggregate Unit Weight per Cubic Foot, Voids in Aggregate $85 $70 $110 $95 $70 $125 $225 $35 $45 $45 $50 $40 $50 ~ :.x?<<<.>...~ . . . . . . . . . . . . ..\.....A.. A~,‘.?? Prke per Spedmen ~~ ASTM Designation D 1883 - - -- - D 2435 D 3080 D 4829 - D 1557 )1557/D471 D 2216 D4318 mm D 2434 D4318 - -- D2419 D 427 c 88 D 2487 - C 127 C 128 - C 142 - --- D 3744 D 3744 : 131 0rC 535 c 87 c 40 C 136 C 136 c 128 C 127 C 29 devised 10/20/99 Other Method Used Cl-M 312 . - - - - UBC 18-2 - - CTM216 - - - - -- cm.4 301 CTM 643 CTM217 -_ - - - - - _I CTM 227 CTM 205 . CTM 229 Cl-M 229 Cl-M211 - --- -_ -_ --- -- --- EXHIBIT B - San Diego, Inc. 7895 Convoy Court, Suite 18 San Dieeo. CA 92111 Page 3 of 5 (858) 71&800 Fax: (858) 715-5810 Test Procedure ASPHALT CONCRETE: Asphalt Mix Design Asphalt Mix Design Review Extraction, % Asphalt (Including gradation) Film Stripping Hveem Stability Marshall Stability, Flow & Unit Weight ( Three Specimens) Maximum Theoretical Unit Weight (Rice Specific Gravity) Percent Swell Unit Weight Compacted Sample or Core (Bulk Specific Gravity) Unit Weight Sample Requiring Compaction CONCRETE: Cement Testing Compression Tests, 6x12 Cylinder Compression Tests, Gunite/Shotcrete Panels, 3 Cut Cores per Panel (Set) Compression Tests, Cores (Includes Sample Preparation) Compression Tests, Lightweight Concrete Fill Concrete Flexural Test, 6x6x1 8 Concrete Mix Design (Includes Aggregate Testing) Concrete Mix Design (Revision or Review) Drying Shrinkage (3 Specimens-28 Days) Gunite Panel, 3 Cores Gunite Panel, 4 Cores Modulus of Elasticity, Static Splitting Strength Test Trial Batch, Includes Mix Design, Aggregate Testing L Six Compression Tests Unit Weighi, Lightweight Concrete Fill MASONRY: Absorption Test, Brick, 7-Day Absorption Test, Brick, 24-Hour Submersion Absorption Test, Brick, 5-Hour Boiling Composite Prism (under 400,000 lbs.), Half Size 8 x 16 x 8 Composite Prism (under 400,000 lbs.), Full Size 8 x 16 x 16 Compression Test, Brick Compression Test, Blocks Larger Than 8x8~16 Compression Test, Blocks Less Than or Equal to 8x8~16 Compression Tests, Grout Compression Tests, Mortar, 2x4 cylinder UBC Conformance Package Etllorescence, Block with Mortar Efilorescence, Block Only Efllorescence, Brick only In-Place Shear Test (per test) Linear Shrinkage Modulus of Rupture, Brick Moisture as Received, Brick Saturation Co-Efficient (Includes Absorption) Brick Shear Test, cores (excludes sample preparation) Compression Test Cores (includes sample preparation) Unit Weight Xr. Absorption, Block Price per Ssecimen Quote $100 $150 $65 $100 $150 $80 $80 $50 $115 QUOTE $13 $190 $40 $30 $40 $280 $125 $190 $190 $230 $78 $60 $525 $30 t’ $30 $30 $30 $60 $90 $30 $35 $35 $14 $14 $350 $40 $30 $30 $80 $100 $30 525 $40 . $50 $40 $40 ASTM De&nation - - -- D 2172 - 1560/D27; 1559 ID 27; D 2041 CTM 3 1 OKTM 38 CTM 302 CTM 304,308 & 36( - - Cl-M 305 D 2726 CTM 308 D 2726 Cl-M 304 & 308 - c 39 c 39 C42 c 495 C 293, C 78 - - 2 157 (Mod) - - C 469 C 496 - c 495 - - - - -m - - - I_ -- - -- - - C 67 ‘C 67 C 67 E 447 E447 C 67 c 140 c 140 c 1019 c 780 c 90 - - - UBC 21-17 UBC 21-17 - - C 67 - - UBC 21-18 UBC 21-16 - - -- - C 426 C 67 c 67 C 67 - C 42 c 140 UBC 21-6 I_ - -- - Title 24 Title 24 - 1 Revised 10/20/99 Method Used -. EXHIBIT B Testing Engineers - San Diego, Inc. 7895 Convoy Court, Suite 18 San Diego, CA 92111 Page 4 of 5 (858) 715-5800 Fax: (858) 7155810 Test Procedure ~ <~.+z:~~>>.:~~..~. :: __ .a,.3 $..,I ., PrilX ~~~~ i . . . . . . . . . . ..&.$y$$..&*. ‘“.~.....,... . . . .._. . ,. . .._. ASTM Designation aevised 1 O/20/99 A.. :.::##..:py’:’ A... , . . . A\ i:, ,... ~~ . . . . +J+$ i.‘. crv n,..,,,... . . . . ,?A Y$\ ‘..” +.i;- ..,.....A ~:::::~~~~~~~~~.:.,;?::? :~‘:~..~~~i~~~:~~~~.~. yyz>.:> . . . . Other l STEEL* L High Strength Bolt, Nut k Washer Conformance (Wedge Tensile, Proof Load, Hardness) Mechanical Tests, Hardness Test, Rockwell Prestressed Steel, Tensile Test, Strand (7 wire) Reinforcing Steel, Tensile Test - No. I 1 Bars & Smaller Reinforcing Steel, Tensile Test - No. 14 Bars & Larger (m fin RS~UV. only) Reinforcing Steel, Bend Test: No. 11 Bars L Smaller Mechanically Spliced Reinforcing Steel Spray Applied Fireproofing Density Tests Oven Dry Method Displacement Method Structural Steel, Tensile Test - Up to 200,000 lbs. Structural Steel, Bend Test. Structural Steel,‘Pipe Flattening Test Welded Specimens, Tensile Test - No. 1 I Bars & Smaller Welded Specimens, Tensile Test - No. 14 Bars (To Min. Require. Only) Welded Specimens, Tensile Test -No. 18 Bars (To Min. Require. only) Welded Specimens, Tensile Testing - Mechanically Spliced Bar ROOFING: Asbestos Evaluation (per ply) Asphalt Softening Point Roof-mg Material Analysis, With Surfacing Roofing Material Analysis, Without Surfacing Roofing Tile; Absorption (set of 5) Roofing Tile, Strength Test (set of 5) WELDING CERTIFICATION American Welding Society (AWS Dl. 1) . Limited Thickness Plate (per position) Unlimited Thickness Plate (per position) Pipe (per position) American Welding Society (AWS Dl.4) Bar Sizes #3 through #9 (each) Bar Sizes # IO through # 11 (each) Bar Sizes # 14 through # 18 (each) American Society of Mechanical Engineers (ASME) Plate or Pipe Procedure Qualification (each) Plate or Pipe Welder Qualification (each) American Welding Society (AWS D1.3) Light Gauge Metal (includes butt and plug weld) Procedure Qualification per AWS, ASME or Military Standards Fillet Weld Test (Break and Etch Test) Fillet Weld Test Plates Ultrasonic Testing of- Weld Coupons Witness time, It-Required rwr Soecimen $100 -- $40 - $90 - $30 A615 $50 A615 $30 - $80 - $30 $30 $40 $30 $30 $32 $60 $80 $80 $40 $150 $450 $225 $150 $150 - $200 $230 $230 _I $200 $230 $250 - $550 $550 - $180 QUOTE $180 $30 $90 $55 E 605 E 605 A 370 - - - - - - -- - D 2829 D 3617 I- - _I -- --- - - -_- --- -- - -_ - -- -- --- - -- -_ -- Melhod Used - - - - - - UBC 7-6 - - -- _- -- - - - - - - -- - - - - -- -- _- -- - - - - -- _- -- - _- - C CORPORATE RESOLUTION A “RESOLVED, that Mark Baron whose signature appears below, of this corporation are hereby authorized, from time to time, in the name of this corporation to execute a contract for services and in such sums, upon such terms, and as often as may seem advisable to such persons.” “The authority herein conferred shall continue in full force and effect until written notice of its revocation shall be received by any holder of any of the above described instruments executed prior to any such revocation.” Authorized Signatures: Signature Signature Signature : I, Donal Alford. Secretarv of U. S. Laboratories, hereby certify that the foregoing is true copy of resolution duly and legally adopted by the Board of Directors of said corporation, At a legal meeting of said Board duly and regularly held Februarv 8, 1999, and that the signatures appearing on the above mentioned copy of said resolution are genuine signatures of the persons mentioned in said resolution and authorized to act on the behalf of said corporation as set forth in said resolution. I further certify that said resolution has not been amended or revoked and is still in full force and effect. Dated: December 13. 1999 Secretary