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