HomeMy WebLinkAbout2002-12-17; City Council; 17017; Rancho Santa Fe Road North Realignment & Widening4B# 17,017
MTG . 12/17/02
IEPT. ENG
CITY OF CARLSBAD -AGENDA BILL
TITLE: AUTHORIZE THE EXECUTION OF
PROFESSIONAL SERVICE AGREEMENTS WITH
DUDEK & ASSOCIATES, INC., AND TESTING ENGINEERS -
SAN DIEGO, INC., FOR PROJECT 3190/HP21STPL-5308(014) &
STPLF - 5308(007), RANCHO SANTA FE ROAD NORTH
REALIGNMENT AND WIDENING
DEPT. HD.
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2002-365 authorizing the execution of professional service agreements with Dudek & Associates, Inc., and Testing Engineers - San Diego, Inc. (TESD) for construction management and material testing services on Rancho Santa Fe Road North
Realignment and Widening, Project No. 3190/HP21STPL- 5308(014) & STPLF - 5308(007).
ITEM EXPLANATION:
On November 19, 2002, City Council awarded the construction contract to Erreca’s, Inc.,
via Resolution No. 2002-343 for the Rancho Santa Fe Road North Realignment and Widening,
Project No. 3190/HP21STPL- 5308(014) & STPLF - 5308(007). This project consists of the
widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa
Avenue to Melrose Drive. Benefits of the project include reduced congestion, improved traffic flow
and increased safety for travelers on the road. Additionally, this project will improve a vital link in the
North County region’s roadway network.
To ensure adequate staffing with the specialized technical expertise required to manage the
extensive work to be performed on this project, staff is recommending that the construction
management for the Rancho Santa Fe Road North Realignment and Widening be performed
utilizing consultant services. Staff also recommends that a consultant firm be utilized to provide the
extensive materials testing services required on a road project of this size.
As required by City of Carlsbad Municipal Code section 3.28.070, the City went through the request
for proposal (RFP) process for both construction management and material testing.
Staff recommends Dudek & Associates, Inc., as the most qualified to provide the construction
management for this project, and TESD as the most qualified to provide the material testing
services. Both consultants have completed audits with Caltrans, which will allow the City to seek
reimbursement for their services through federal funding for this project.
ENVIRONMENTAL REVIEW:
The City Council at their meeting on June 2, 1992, passed Resolution No. 92-1 52 certifying EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council at their meeting on April 25, 2000, passed Resolution No. 2000-128 approving Addendum No. 2 to
the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive.
All permit and mitigation requirements have been met. Per the Habitat Conservation Plan,
a qualified biologist has been retained to monitor the adjacent habitat during construction. Per the
requirements of the California Department of Fish and Game (CDFG) 1601 permit, a habitat
mitigation plan is being prepared based on the conceptual plan approved by CDFG and will be
implemented concurrent with construction.
Page 2 of Agenda Bill No. 17017
FISCAL IMPACT:
BUDGET
The cost of construction of Rancho Santa Fe Road Phase 1 and 2 are summarized in the following
table. Costs shown for all Phase 1 tasks are based on actual costs and bids received. All construction costs for Phase 2 are estimated except design and public relations costs, which are actual costs.
Total appropriations to date are $27.6 million. In addition to the Phase 1 costs, approximately $2.3
million in design and public relations costs for Phase 2 were expended concurrently with Phase 1
design. Thus, there are sufficient appropriations for the Phase 1 and Phase 2 construction
management and material testing contracts. Environmental mitigation, right-of-way acquisition and
construction costs for Phase 2 will be reviewed and updated in the 2003-04 Capital Improvement
Program. The cost for the construction management and material testing is summarizd below:
pHaar;;& 1
Task..De@@ptiog "' nri.ase.2. :: , , ,
Construction Management (Dudek & Associates, Inc.)
Materials Testing (Testing Engineers - San Diego, Inc.)
$3,289,107
$3,689,107 TOTAL
$400,000
FUNDING
The Rancho Santa Fe Road Phase 1 and 2 projects ill be funded with a combination of Community
Facilities District #I (CFD#I), Planned Community Facilities District #2 (CFD#2), Federal and
State Grants, and reimbursements from other agencies and developers. Funding sources are
summarized below:
CFD#I & CFD#2
Community Facilities District special taxes and fees will fund most of the costs for Phase 1 and 2 of
the project. Sufficient amounts have been collected for the existing appropriations. Developers will
pay the remaining costs for Phase 2 in the future.
Page 3 of Agenda Bill No. 17,017
State & Federal Grants
State and Federal grants have been authorized by the appropriate agencies for Phase 1 as shown
above.
Caltrans has issued construction authorization on behalf of the Federal Highway Administration
(FHWA) for reimbursement of eligible costs from Regional Surface Transportation Program (RSTP)
and High Priority (HP-21) funds. The RSTP and HP-21 funds require matching funds, which will be
paid for from CDF#2.
The Federal Bureau of Reclamation (BUREC) and the State Water Resource Control Board (SWRCB) has approved the plans and specifications for the upsizing of a 12-inch diameter recycled
water pipeline to a 24-inch diameter pipeline. The Carlsbad Municipal Water District will fund the
upsizing of a 12-inch diameter recycled water pipeline to a 24-inch diameter pipeline through the
Phase II Recycled Water Project program, which is receiving these State and Federal grants and
loans.
Transportation Development Act (TDA) funds have been authorized by SANDAG. The following is a
summary of the Federal and State funding sources for Phase 1 construction:
Other Aqencies
Several of the utilities that will be constructed with this project will be installed through
reimbursement agreements with various agencies and property owners. These reimbursement
agreements have been brought forth to the City Council for approval either prior to, or concurrent
with, awarding the project contract. These agencies and property owners will contribute
approximately $2.9 million to the project as identified at Phase 1 "Other Agencies" in the table
above. These agencies and property owners include: the Olivenhain Municipal Water District,
Vallecitos Water District, and Real Estate Collateral Mmagement Company and MAG Properties.
EXHIBITS:
1.
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Site Map.
Resolution No. 2002-365 authorizing the execution of professional service agreements with Dudek & Associates, Inc., for construction management services and TESD for material
testing services on the Rancho Santa Fe Road North Realignment and Widening project, Project No. 3190/HP21STPL - 5308 (0014) & STPLF - 5308(007).
Professional Service Agreement for Construction Management and Inspection Services with
Dudek & Associates, Inc., for Project 3190/HP21STPL - 5308(014) & STPLF - 5308(007), Rancho Santa Fe Road North Realignment and Widening.
Professional Service Agreement for Material Testing Services with Testing Engineers -
San Diego, Inc., for Project 3190/HP21STPL - 5308(014) & STPLF - 5308(007), Rancho Santa Fe Road North Realignment and Widening.
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RESOLUTION NO. 2002-365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION
OF PROFESSIONAL SERVICE AGREEMENTS WITH DUDEK &
INC. (TESD) FOR THE RANCHO SANTA FE ROAD NORTH
REALIGNMENT AND WIDENING PROJECT, PROJECT NO.
ASSOCIATES, INC., AND TESTING ENGINEERS - SAN DIEGO,
31 9O/HP21STPL - 5308(014) & STPLF-5308(007).
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
qecessary and in the public interest to enter into an agreement with Dudek & Associates, Inc.,
:o provide the construction management services for Project No. 3190/HP21STPL - 5308(014) &
STPLF-5308(007), the Rancho Santa Fe Road North Realignment and Widening; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
iecessary and in the public interest to enter into an agreement with Testing Engineers -
San Diego, Inc., to provide the material testing services for Project No. 31 90/HP21STPL -
5308(014) & STPLF-5308(007), the Rancho Santa Fe Road North Realignment-and Widening;
and
WHEREAS, $3,689,107 for both the construction management and materials testing will
)e reimbursed through the federal funding for Project No. 3190/HP21STPL - 5308(014) &
STPLF-5308(007), the Rancho Santa Fe Road North Realignment and Widening; and
NOW,. THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
=alifornia, as follows:
1. That the above recitations are true and correct.
2. That the Mayor of the City of Carlsbad is authorized and directed to execute the
,rofessional services agreement with Dudek & Associates, Inc., for $3,289,107 to provide the
:onstruction management services on Project No. 3190/HPZISTPL - 5308(014) 8 STPLF-
i308(007), Rancho Santa Fe Road North Realignment and Widening.
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3. That the Mayor of the City of Carlsbad is authorized and directed to execute the
professional services agreement with Testing Engineers - San Diego, Inc., for $400,000 to
provide the material testing services on Project No. 3190/HP21STPL - 5308(014) & STPLF-
5308(007), Rancho Santa Fe Road North Realignment and Widening.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 17th day of DECEMBER , 2002 by the following vote, to wit:
AYES: Council Me lchin, Hall, Packard
NOES: None
ABSENT: None
ATTEST /
dh&%rn LOME M. WOOD, City Clerk (S EAL)
AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
WITH DUDEK & ASSOCIATES, INC. FOR PROJECT 3190/HP21STPL- 5308(014) &
STPLF - 5308(007), RANCHO SANTA FE ROAD NORTH REALIGNMENT AND
WIDENING
&c+ f3-b THIS AGREEMENT is made and entered into as of the 26& day of e? , 2002, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Dudek & Associates, a corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced
in construction management and inspection for the Rancho Santa Fe Road Widening
project, Project No. 3190/HP21STPL- 5308(014) & STPLF - 5308(007).
B. Contractor has the necessary experience in providing professional
services and advice related to construction management and inspection.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those as-needed
services (the "Services") that are defined in attached Exhibit "A, which is incorporated
by this reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of four (4) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or part thereof. The initial term of this Agreement and
any amendments hereto shall not exceed three million, two hundred and eighty nine
thousand, one hundred and seven dollars ($3,289,107). Extensions will be based upon
a satisfactory review of Contractor's performance, City needs, and appropriation of
funds by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5.
The
COMPENSATION
total fee payable for the Services to be performed during the initial Agreement term
and any amendments hereto shall not exceed three million, two hundred and eighty
nine thousand, one hundred and seven dollars ($3,289,107). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's 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 Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors,
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part 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.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
IO. INSU.RANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to -property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
contractor's sole expense.
10.1 .I Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City resewes the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City, or any State or Federal agency, during normal business hours, to
examine, audit, and make transcripts or copies of records and any other documents
created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
- 15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
. Title Deputv Citv Engineer Name Georae Litzinqer
Department Public Works Title Proiect Manager
Citv of Carlsbad Address 605 Third Street
Address 5950 El Camino Real Encinitas, CA 92024
Carlsbad, CA 92008 Phone No. (760) 942-5147
Phone No. (760) 602-2780 x7321
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor‘s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
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of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
REQUIREMENTS AND REGULATIONS, GENERAL
The DBE participation for this contract is 8 percent.
Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of
Federal Regulations (CFR), entitled "Participation by Disadvantaged Business
Enterprises in Department of Transportation (DOT) Financial Assistance Programs," in
the award and administration of DOT-assisted contracts. The regulations in their
entirety are incorporated herein by reference. Contractor shall not discriminate on the
basis of race color, national origin or sex in the performance of this Agreement.
Noncompliance by Contractor with the requirements of 49 CFR, Part 26 is a material
breach of this Agreement and may result in termination of the Agreement or other such
appropriate remedy as the City of Carlsbad deems appropriate.
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Contractor shall include the following in each subcontract Contractor signs with a
subcontractor:
1. A subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this Agreement.
2. The subcontractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of this Agreement.
3. Contractors shall include in their subcontracts, language providing the use
of appropriate alternative dispute resolution mechanisms to resolve
payment disputes.
A. Prompt Payment to DBE and Non-DBE Contractors
The Contractor shall not be entitled to any payment for the work or material, unless it is
performed or supplied by the listed subcontractors (DBE or non-DBE), or by
Contractor‘s own forces, pursuant to prior written authorization of the Contract Manager.
The provisions of this Paragraph A apply even if other Agreement work is not completed
and has not been accepted, in conformance with the terms of the Agreement, by the
City.
The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for
satisfactory performance of their contracts within ten (IO) days from receipt of each
payment from the City made to Contractor.
B. Prompt Payment Progress Pay Retention to DBE and Non-DBE
Subcontractors
Contractor shall return all moneys withheld in retention from the subcontractor within 30
days after receiving payment for work satisfactorily completed, even if other contract
work is not completed and has not been accepted in conformance with the terms of this
Agreement. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies otherwise available to Contractor or subcontractor in
the event of a dispute involving late payment or nonpayment to the Contractor or
deficient subcontract performance or noncompliance by a subcontractor.
C. DBE and Non-DBE Subcontractor Payment Records
Contractor, in addition to maintaining records showing the name and business address
of each first tier subcontractor, shall also show the name and business address of every
DBE subcontractor, and DBE vendor of materials, regardless of tier. Said records shall
show the date of payment and the total dollar figure paid to all DBE firms. DBE prime
contractors shall also show the date of work performed by their own forces along with
the corresponding dollar value of work.
Upon completion of the Agreement, a summary of these records shall be prepared on
Exhibit 17-F of Caltrans’ Local Assistance Procedures Manual (LAPM) and certified
correct by Contractor or Contractor’s authorized representative, and shall be furnished
to the Contract Manager with the final invoice. Failure to provide the summary of DBE
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payments with the final invoice will result in the invoice being in dispute until the report
is received.
D. Penalty Assessed for Failure to Provide Subcontractor Payment Records
Ten Thousand dollars, ($10,000) will be withheld from payment if Exhibit 17-F of
Caltrans’ LAPM is not submitted. The amount will be paid to Contractor when the form
is submitted.
E. DBE Substitutions or Additions
Contractor may not substitute, or terminate for convenience, a subcontractor or supplier
listed in the original bid/proposal without the prior written approval of the Contract
Manager. However, upon written approval from City, Contractor may add a firm to
perform work originally planned to be done by Contractor’s own forces.
Contractor must make an adequate good faith effort to find another certified DBE
subcontractor to substitute for the original DBE. Contractor will be required to make
good faith efforts to replace the original DBE subcontractor with another DBE
subcontractor to the extent needed to meet the Agreement goal.
The requirement that DBEs must be certified by the bid opening date does not apply to
DBE substitutions or additions after execution of the Agreement. DBEs must be
certified at the time of the substitution or addition.
Contractors shall submit requests for substitution in writing to the Contract Manager.
Authorization to use other subcontractors or suppliers may be requested for the
following reasons:
1. The listed DBE, after having had a reasonable opportunity to do so, fails
or refuses to execute a written contract, when such written contract, based
upon the general terms, conditions for this contract or on the terms of such
subcontractor’s or supplier’s written bid, is presented by Contractor.
2. The listed DBE becomes bankrupt or insolvent.
3. The listed DBE fails or refuses to perform the subcontract or furnish the
listed materials.
4. Contractor stipulated that a bond was a condition of executing a
subcontract and the listed DBE subcontractor failed or refuses to meet the
bond requirements of contract.
5. The listed DBE was the result of an inadvertent clerical error. Contractor
must have asserted a claim of inadvertent clerical error in listing the
subcontractor within two working days after the proposal due date and
copies of that notice to both the subcontractor he or she claims to have
listed in error and intended subcontractor who had proposed to Contractor
prior to proposal opening.
6. The listed DBE was not licensed as required by the State of California
Contractor‘s Licensing Board or failed to have the required permits or
licenses as required by Federal, State or Local governmental jurisdictions.
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7. The work performed by the listed subcontractor is substantially
unsatisfactory and is not in substantial conformance with the scope of
work to be performed, or the subcontractor is substantially delaying or
disrupting the progress of the work.
8. When the listed DBE is ineligible to work on a public works project pursuant
to Section 1777.1 or 1777.7 of the California Labor Code as said sections
may be amended from time to time.
9. When it is in the best interest of the City.
Prior to submittal of Contractor's request for substitution to the Contract Manager, the
Contractor shall give notice in writing to the listed DBE subcontractor of Contractor's
request to substitute and the reasons for the request. The notice shall be served by
certified or registered mail to the last known address of the subcontractor. The listed
subcontractor who has been so notified, shall have five working days within which to
submit written objections to the substitution to the Contract Manager. Failure to
respond to a written objection shall constitute the listed subcontractor's consent to the
substitution.
F. Termination of a DBE
In conformance with Federal DBE regulation Sections 26.53(f)(I) and 26.53(f)(2), Part
26,49 CFR, Contractor shall not:
1. Terminate for convenience a listed DBE subcontractor and then perform
that work with its own forces (personnel), or those of an affiliate, unless
Contractor has received prior written authorization from the Contract
Manager to perform the work with other forces or to obtain materials from
other sources
2. If a DBE subcontractor is terminated or fails to complete its work for any
reason, the Contractor will be required to make good faith efforts to
replace the original DBE subcontractor with another DBE subcontractor to
the extent needed to meet the Agreement goal.
G. DBE Certification Status
If a DBE subcontractor is decertified during the life of this Agreement, the decertified
subcontractor shall notify Contractor in writing with the date of decertification. If a
subcontractor becomes a certified DBE during the life of this Agreement, the
subcontractor shall notify Contractor in writing with the date of certification.
Upon completion of the Agreement, Contractor shall complete Exhibit 17-F, of Caltrans'
LAPM, indicating the DBEs certification status and shall be signed and certified correct
by Contractor. The certified form shall be furnished to the Contract Manager within
thirty (30) days from the date of completion of the Agreement.
H. DBE Eligibility Toward Goal
The dollar value of work performed by a DBE is creditedlcounted toward the goal
only after the DBE has been paid.
City Attorney Approved DBE Version 7W4.16.02 9
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the fee payable under this Agreement. City will make the final
determination as to the portions of tasks completed and the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
City Attorney Approved DBE Version #04.16.02 10
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
24. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
eniorcing a right or rights provided for by- this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
..
25.
A.
6.
C.
D.
COST PRINCIPLES
The Contractor agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall
be used to determine the allowability of individual items of cost.
The Contractor also agrees to comply with Federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.
Any costs for which payment has been made to Contractor that are determined
by subsequent audit to be unallowable under 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31 et seq., OR 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, are subject to repayment by Contractor to State.
Any subcontract in excess of $25,000, entered into as a result of this Agreement
shall contain all the provisions of this Article.
City Attorney Approved DBE Version #4.16.02
11
26.
A.
B.
27.
A.
B.
C.
D.
RETENTION OF AUDIT RECORDS
For the purpose of determining compliance with Public Contract Code Section
101 15, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section
2500 et. seq., when applicable, and other matters connected with the performance
of the Agreement pursuant to Government Code Section 8546.7, the Contractor,
Subcontractors and the State shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the Agreement. All
parties shall make such materials available at their respective offices at all
reasonable times during the period and for three years from the date of final
payment under the. The State, the State Auditor, FHWA, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the that are pertinent to the for
audits, examinations, excerpts, and transactions, and copies thereof shall be
furnished if requested.
Any subcontract in excess of $25,000, entered into as a result of this contract,
shall contain all the provisions of this Article.
EQUIPMENT PURCHASE
Prior authorization in writing by the Contract Manager shall be required before
the Consultant enters into any non-budgeted purchase order or subcontract
exceeding $500 for supplies, equipment, or Consultant services. The Consultant
shall provide an evaluation of the necessity or desirability of incurring such costs.
For purchase of any item, service or consulting work not covered in the
Consultant's Cost Proposal and exceeding $500, with prior authorization by the
Contract Manager, three competitive quotations must be submitted with the
request or the absence of bidding must be adequately justified.
The Consultant shall maintain an inventory record for each piece of non-
expendable equipment purchased or built with funds provided under the terms of
this contract. The inventory record of each piece of such equipment shall include
the date acquired, total cost, serial number, model identification (on purchased
equipment), and any other information or description necessary to identify said
equipment. Non-expendable equipment so inventoried are those items of
equipment that have a normal life expectancy of one year or more and an
approximate unit price of $5,000 or more. In addition, theft-sensitive items of
equipment costing less than $5,000 shall be inventoried. A copy of the inventory
record must be submitted to the State on request by the State.
At the conclusion of the contract or if the contract is terminated, the Consultant
may either keep the equipment and credit the State in an amount equal to its fair
City Attorney Approved DBE Version #04.16.02
12
market value or sell such equipment at the best price obtainable, at a public or
private sale, in accordance with established State procedures, and credit the
State in an amount equal to the sales price. If the Consultant elects to keep the
equipment, fair market value shall be determined, at the Consultant’s expense,
on the basis of a competent, independent appraisal of such equipment.
Appraisals shall be obtained from an appraiser mutually agreeable to the State
and Consultant. If it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by the State.
E. CFR 49, Part 18 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000, is credited to the project.
F. Any subcontract entered into as a result of this contract, shall contain all the
provisions of this article.
28. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent aid warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
ty Attorney Approved DBE Version M4.16.02
13
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES WITH DUDEK & ASSOCIATES, INC.
AND WIDENING)
FOR PROJECT 3190/HP21STPL- 5308(014) & STPLF - 5308(007), RANCHO SANTA FE ROAD NORTH REALIGNMENT
City Attorney Approved DBE Version #04.16.02
14
EXHIBIT “A”
SCOPE OF SERVICES
Hours and Cost Proposal
Revision #2 8-1 3
Firm Notes & Assumptions % Estimated Estimated Hourly Rate Participation Cost Hours
Dudek & Associates
Project Manager
$12,500 100 $125 Engineering Support
$12,000 100 $120 Surveying Office
$68,000 400 $1 70 Surveying Field
100 hrslmo. avg. for 27 mo.s (Oct.02-Dec.04) $145,800 2700 $54 Administration
9 mo.s coverage for night time work/O.T., etc $133,056 1512 $88 Back-up Rd. Inspect.
Ph.1 (6 mo. 960 hrs) Ph.ll (6 mo.960 hrs) $168,960 1920 $88 Utility Inspector
168 hrdmo. avg. for 27 mo.s (Oct.02-Dec.04) $444,528 4536 $98 Office Engineer
150 hrslmo. avg. for 27 mo.s (Oct.02-Dec.04) $546,750 4050 $135
Subtotal: 44.41 % $1,531,594
..
MNS Engineers
Resident Engineer
$26,400 200 $1 32 Claims Management
168 hrslmo. avg. for 27 m0.s (Oct.02-Dec.04) $430,920 4536 $95 Road Inspector
168 hrdmo. avg. for 17 mo.s (Jun.03-Nov.04) $328,440 2856 $1 15 Structures Engineer
168 hrdmo. avg. for 27 mo.s (Od.02-Dec.04) $521,640 4536 $1 15
Subtotal:
Ballpark estimate 1 .16% $40,000 AMEC
1.45% $50,000 500 $1 00 Blasting Consultant
37.91% $1,307,400
. ,,
Subtotal (Non EBE): 84.92% $2,928,994
Subtotal:
1 visit per month (16 hrs x 27 m0.s) 1.44% $49,680 432 $1 15 Safety Officer
2.25% $77,625
V&A Corrosion
Welding/Radiography
Ballpark estimate 0.72% $25,000 TS I
Ballpark estimate 0.43% $15,000
.- ..
Walls Ballpark estimate 0.72% $25,000
Subtotal (EBE Part.)
%of construction estimated at $30 mll. 11 -00% $3,28991 07 Project Total Cost:
4.87% $167,808 ODC’s:
5.58% $192,305
City Attorney Approved DBE Version #04.16.02 15
Cost Proposal Notes and Assumptions
1. Each phase has a 360 working day construction schedule. This equates to approximately 17 months.
2. Phase I start date October 2002 - completion date March 2004.
3. Phase II start date June 2003 - completion date November 2004.
4. Trailer facilities, office furniture and equipment will be provided by contractor.
5. Back-up inspector is there to handle peak loads if needed.
6. Contract shall be based on T&M. City shall be billed only for actual hours used.
We have added an additional month for contingency and a 9-month lag between phase I 8, II.
Other Direct Cost Estimate
Field Trailers %I Equipment:
Copy Machine
Fax Machine
Electrical
Telephone
Water
Sewer
Janitorial
Miscellaneous
2 - 12'~ 60'
Computer Equipment (included in rate)
Office supplies (special)
Reproduction - Film
Cellular (included in rate)
Travel (mileage 500/mo.)
Vehicles: (included in rate)
4-wheel drive for RE/OE
4-wheel drive for Structures
4-wheel drive for inspector
4-wheel drive for inspector
cost
$3,000
$400
$2,500
$500
$600
$250
$250
$250
$500
N/A
$1 00
$1 00
$0
$1 73
$0
$0
$0
$0
Months
27
27
1
27
27
27
27
27
27
N/A
27
27
27
27
27
27
27
27
Total
$81,000
$10,800
$2,500
$13,500
$16,200
$6,750
$6,750
$6,750
$13,500
$0
$2,700
$2,700
$0
$4,658
$0
$0
$0
$0
-
Subtotal: $1 67,808
Avg./Mo. $6,215
16
City Attorney Approved DBE Version #04.16.02
f
I
dpersonally known to me -OR- 0 roved to me on the gasis of satisfactory evidenc gmg.p$whose to be namq the
ubscribed to t e wi in instrument and acknow ed to me that
instrument.
y hand and official seal.
(SEAL)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also Optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE litb or Type of Document . hf@[qy..& "- & ~~~~&~iclior]
MUST BE AlTACHED
To WE DOCUMENT Number of Pages \ b L)a?d Document GI&
i DESCRIBED AT RIGHT
Siner(s) Other Than Named Above 1
CAPACITY CLAIMED BY SIONER(S1
OINDIVIDUAL(S)
OCORWRATE
OFFICERIS) (TITLES
OPARTNER(S) OLlMmD
OGENERAL
OATTORNEY IN FACT
OTRUSTEEIS)
OGUARDlANlCONSERVATOR
OOTHER:
SIQNER IS REPRESENTINO:
INam of Psrmon(8) or Entity(ie8)
RIGHT THUMBPRINT IOptional)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
OFFICERIS)
ITITIES)
OPARTNERE) OLIMITED
OGENERAL
OAlTORNM IN FACT
O~USTEE(S~
OGUARDlANlCONSERVATOR
OOTHER:
SIQNER IS REPRESENTINO:
(Name of Person(8) or Entitylied
WOLCOTTS FORM 63240 Rev. 344 (price clus E-2Al '1994 WOLCOTTS FORMS. INC. r, ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTYlREPRESENTATlONrrWO FINGERPRINTS
c
AGREEMENT FOR CONSTRUCTION MATERIALS ACCEPTANCE AND QUALITY
ASSURANCE TESTING SERVICES WITH TESTING ENGINEERS - SAN DIEGO,
INC. FOR PROJECT 31901HP21STPL- 5308(014) & STPLF-5308(007), RANCHO
SANTA FE ROAD NORTH REALIGNMENT AND WIDENING
Le" THIS AGREEMENT is made and entered into as of the 30% day of
, 2002, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Testing Engineers - San Diego, Inc., a corporation,
("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced
in construction materials acceptance and quality assurance testing.
B. Contractor has the necessary experience in providing professional
services and advice related to construction materials acceptance and quality assurance
testing.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those as-needed
services (the "Services") that are defined in attached Exhibit "A", which is incorporated
by this reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
TERM
The term of this Agreement will be effective for a period of four (4) years from the date 3. -
first above written."rhe City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or part thereof. The initial term of this Agreement and
any amendments hereto shall not exceed four hundred thousand dollars ($400,000).
Extensions will be based upon a satisfactory review of Contractor's performance, City
needs, and appropriation of funds by the City Council. The parties will prepare a written
amendment indicating the effective date and length of the extended Agreement.
. I_
City Attorney Approved DBE Version #04.16.02
Page 1 of 19
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
and any amendments hereto shall not exceed four hundred thousand dollars
($400,000). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. The City reserves the right to
withhold a ten percent (1 0%) retention until City has accepted the work and/or Services
specified in Exhibit "A.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's 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 Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work u'nless specifically noted to
the contrary in the subcontract and approved in writing by City.
City Attorney Approved DBE Version #04.16.02
Page 2 of 19
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part 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.
The parties expressly agree that any payment, attorney’s fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City’s self-
administered workers’ compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor’s- agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best’s Key Rating
of not less than “A-:VI.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor’s
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor’s sole expense.
10.1 .I Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
IO. 1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor’s work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved DEE Version #04.16.02
Page 3 of 19
10.1.3 Workers' Compensation and Emplover's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
,. 10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
City Attorney Approved DBE Version #04.16.02
Page 4 of 19
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City, State or Federal agency during normal business hours to
examine, audit, and make transcripts or copies of records and any other documents
created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv:
Title Deputy City Engineer
Department Public Works
City of Carlsbad
Address 5950 El Camino Real
Carlsbad, CA 92008
Phone No. (760) 602-2780 x7321
For Contractor:
Name Mark Baron
Title Principal
Address 7895 Convoy Court, Suite 18
San Dieqo, CA 921 1 1
Phone No. (858) 715-5800
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
City Attorney Approved DBE Version #04.16.02
Page 5 of 19
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor‘s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
1. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
(WITHOUT GOALS
A. The City has established no goals for the participation of DBE for this
Agreement. However, Contractor shall be fully informed respecting Part
26, Title 49, Code of Federal Regulations (CFR), which is incorporated by
reference, and is urged to obtain DBE participation should a clearly
defined portion of the work become available.
B. It is the policy of City that certified DBE firms shall have the maximum
opportunity to participate in the performance of Agreements financed in
whole or in part with federal funds. Contractor shall ensure that certified
DBE firms, as defined in the CFR, have the maximum opportunity to
participate in the performance of this Agreement and shall take all
necessary and reasonable steps, as set forth in CFR, Part 26, for such
assurance. Contractor shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontractor.
Failure to carry out the requirements of this paragraph shall constitute a
breach of Agreement and may result in termination of this Agreement or
such other remedy that City may deem appropriate.
C. If DBE participation is obtained, Contractor shall maintain records of all
subcontractor agreements entered into with DBE subcontractors and
records of materials purchased from DBE suppliers. Such records shall
City Attorney Approved DEE Version Af04.16.02
Page 6 of 19
show each subcontractor’s and vendor’s name and address and the actual
dollars paid to each. Upon completion of the Agreement, a summary of
these records shall be prepared, certified correct and submitted on the
form “FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE), FIRST - TIER SUBCONTRACTORS”, or
equivalent, by Contractor or his authorized representative to the City of
Carlsbad’s Contract Manager showing total dollars paid to each DBE
subcontractor and supplier.
D. Any DBE firm working as a subcontractor under this Agreement must be
responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing, and
supervising the work.
E. Contractor shall make every reasonable effort to replace a certified DBE
firm that is unable to perform the provisions of this contract with another
certified DBE firm.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved DBE Version #04.16.02
Page 7 of 19
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the fee payable under this Agreement. City will make the final
determination as to the portions of tasks completed and the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
City Attorney Approved DEE Version #04.16.02 Page 8 of 19
Agreement.
24. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
25.
A.
B.
C.
D.
26.
A.
COST PRINCIPLES
The Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall
be used to determine the allowability of individual items of cost.
The Consultant also agrees to comply with Federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.
Any costs for which payment has been made to consultant that are determined
by subsequent audit to be unallowable under 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31 et seq., OR 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, are subject to repayment by Consultant to State.
Any subcontract in excess of $25,000, entered into as a result of this contract,
shall contain all the provisions of this Article.
RETENTION OF AUDIT RECORDS
For the purpose of determining compliance with Public Contract Code Section
101 15, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section
2500 et. seq., when applicable, and other matters connected with the performance
of the contract pursuant to Government Code Section 8546.7, the Consultant,
Subconsultants, and the State shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract. All
parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of
final payment under the contract. The State, the State Auditor, FHWA, or any duly
authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in
part) shall have access to any books, records, and documents of the Consultant
City Attorney Approved DBE Version #04.16.02
Page 9 of 19
B.
27.
A.
B.
C.
D.
E.
F.
that are pertinent to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
Any subcontract in excess of $25,000, entered into as a result of this contract,
shall contain all the provisions of this Article.
EQUIPMENT PURCHASE
Prior authorization in writing by the Contract Manager shall be required before
the Consultant enters into any non-budgeted purchase order or subcontract
exceeding $500 for supplies, equipment, or Consultant services. The Consultant
shall provide an evaluation of the necessity or desirability of incurring such costs.
For purchase of any item, service or consulting work not covered in the
Consultant's Cost Proposal and exceeding $500, with prior authorization by the
Contract Manager, three competitive quotations must be submitted with the
request or the absence of bidding must be adequately justified.
The Consultant shall maintain an inventory record for each piece of non-
expendable equipment purchased or built with funds provided under the terms of
this contract. The inventory record of each piece of such equipment shall include
the date acquired, total cost, serial number, model identification (on purchased
equipment), and any other information or description necessary to identify said
equipment. Non-expendable equipment so inventoried are those items of
equipment that have a normal life expectancy of one year or more and an
approximate unit price of $5,000 or more. In addition, theft-sensitive items of
equipment costing less than $5,000 shall be inventoried. A copy of the inventory
record must be submitted to the State on request by the State.
At the conclusion of the contract or if the contract is terminated, the Consultant
may either keep the equipment and credit the State in an amount equal to its fair
market value or sell such equipment at the best price obtainable, at a public or
private sale, in accordance with established State procedures, and credit the
State in an amount equal to the sales price. If the Consultant elects to keep the
equipment, fair market value shall be determined, at the Consultant's expense,
on the basis of a competent, independent appraisal of such equipment.
Appraisals shall be obtained from an appraiser mutually agreeable to the State
and Consultant. If it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by the State.
CFR 49, Part I8 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000, is credited to the project,
Any subcontract entered into as a result of this contract, shall contain all the
provisions of this article.
City Attorney Approved DBE Version #04.16.02
Page 10 of 19
28. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
**By:
(sign here)
(print nameltitle)
City Attorney Approved DBE Version #04.16.02 Page 11 of 19
If required by City, proper notarial acknowledgment of execution by contractor must
be attached. If a Corporation, Agreement must be signed by one corporate officer
from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: // Deputy City Attorney !
(AGREEMENT FOR CONSTRUCTION MATERIALS ACCEPTANCE AND QUALITY ASSURANCE
TESTING SERVICES WITH TESTING ENGINEERS - SAN DIEGO, INC. FOR PROJECT 31901HP21STPL- 5308(014) & STPLF-5308(007), RANCHO SANTA FE ROAD NORTH
REALIGNMENT AND WIDENING)
Page 12 of 19
EXHIBIT “A’
Testing Engineers - SanDiego, Inc. Established 1946
Monday, October 28,2002
Conrad Hammann
City of Carlsbad
Public Works - Engineering
5950 El Camino Real
Carlsbad, CA 92008
SUBJECT Cost Proposal
VIA U. S. MAIL
PROJECT: Rancho Santa Fe Road North Realignment and Widening
Dear Mr. Hammann:
Thank you very much for selecting Testing Engineers - San Diego, Inc. (TESD) to provide
the As-Needed Matqrials Testing Services for the above referenced project. We greatly
appreciate the opportunity to continue our working relationship.
Attached please find our cost proposal, based upon the requirements as set forth in the
Request for Proposal. Please note that our fees we are utilizing are in accordance with the
Preaward Evaluation, Contract No.: 3 190/STPLF-5308 (007), File No.: P13oOA-0552, as
performed by Mr. Manuel Valdes, State of California, Department of Transportation, Audits
and Investigations.
Thank you for your time and consideration on this matter. Should you have any questions or
comments, please contact us at any time. We can be reached at 858-715-5800.
Sincerely,
ven Bradley, CEG
President
/ydis)BL Mark Baron
Principal
1 I
V:\RFPARFPs 2002\City of Carlsbad - Rancho Santa Fe Road North Realignment and Widening\Cost Proposal, Rancho Santa Fe Road Widening (Caltrans Auditted Rates).doc/mbaron
Testing Engineers - San Diego, Inc., 7895 Convoy Court, Suite 18 San Diego, CA. 92111 [858] 715-5800 Fax [858] 715-5810 Page 13 of 19
THE SPECIFIC RATES OF COMPENSATION METHOD OF
PAYMENT WHICH CAN BE FOUND IN THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION LOCAL ASSISTANCE
PROCEDURE MANUAL, CHAPTER 10 PAGE 7, SHALL BE USED
FOR STAFF CLASSIFICATIONS THAT TYPICALLY PROVIDE
FIELD SERVICES
Our field personnel and professional staff will be compensated in accordance with the
Specific Rates of Compensation method of payment as outlined in the California Department
of Transportation Local Assistance Procedure Manual, Chapter 10, Page 7. Our Specific
Rates of Compensation will be the same as we are currently contracted for with the City of
Carlsbad. Our rates will be as follows:
Project Engineer / Geologist / Architect (Erick Aldrich)
Staff Engineer / Geologist / Architect (Carlos Acero)
- $80.92*
$47.57*
*Non prevailing wage rates
Soil Technician includes nuclear gauge or mobile laboratory (Barry Evans) $62.45
Registered Special Inspector
(Conc., Mason, Weld, PT, Piles, Fireproof) (Greg Smith) $65.55
ACI Technician / Field Technician $65.55
Senior Construction Inspector* (Frank Bernaldez) $65.55
Associate Construction Inspector* (Ed Rodriguez) $65.55
Construction Inspector* (Erick Checketts) $65.55
*Does not include a cell, mobile phone or laptop computer.
Non-Destructive Testing Inspector (Ultrasonic, mag particle, dye penetrate) $6 1 .OO*
*Does not include eauiument charge
Anchor PullTests - up to 30 tons $65.50*
Batch Plant Inspector-(Joel Sanders)
Coring / Sawing Operator & Equipment
Reinforcing S tee1 Location
*Does not include euuiument charge
$65.55
$9 1 SO
$65.00*
s Y
, :,* Pickup/Delivery (per trip within San Diego County) $30.00
Processing Prevailing Wage Payroll (per week) $25.00
TESTING ENGINEERS - SAN DIEGO, INC.
ESTABLISHED 1946
QUALITYWORKS
Page 14 of 19
The above quoted personnel rates are based upon the General Prevailing Wage
Determinations for BuildingKonstruction Inspectors and Field Soils and Material Testers,
issue date of August 22,2001, valid until June 15,2002. After this date our rates may
change based upon the Prevailing Wage Rate in effect at that time, but our rates will maintain
the same multiplier as the above rates have established.
Minimum Charges: Two hours minimum will be charged for unscheduled cancellations of
less than 24-hour notice. Four hours minimum will be charged for work performed up to
four hours with two-hour increments thereafter.
Per Diem and Travel Expenses: In accordance with the California Department of Personnel
Administration travel and per diem guidelines for non-represented employees.
Scheduling: A minimum of 24 hours notice is required to schedule or cancel personnel. If
less than 24 hours notice is provided on a cancellation, a cancellation charge of two hours
will be assessed. Scheduled calls should go to our dispatcher.
Overtime Rates: - Overtime Rates will be in accordance with the General Prevailing Wage
Determination made by the Director of Industrial Relations Pursuant to California Labor
Code.
Holidays: Holidays will be in accordance with the General Prevailing Wage Determination
made by the Director of Industrial Relations Pursuant to California Labor Code.
Outside Services/Subcontractors: Direct cost will be charged for any work not directly
performed by Testing Engineers-San Diego, Inc. or for any materials procured.
The above outlined schedule of fees contains on& the basic services performed bv this
office and is not a complete listing. Do not hesitate to call if your service needs are not
listed herein.
TESTING ENGINEERS - SAN DIEGO, INC.
ESTABLISHED 1946
QUALITYWORKS
Page 15 of 19
THE COST PER UNIT OF WORK METHOD OF PAYMENT
WHICH CAN BE FOUND IN THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION LOCAL ASSISTANCE PROCEDURE
MANUAL, CHAPTER 10, PAGE 7, SHALL BE USED FOR TESTS
PERFORMED IN THE LABORATORY.
Our laboratory tests will be compensated in accordance with the Cost per Unit of Work
method of payment as outlined in the California Department of Transportation Local
Assistance Procedure Manual, Chapter 10, Page 7. Our Cost per Unit of Work will be
the same as we are currently contracted for with the City of Carlsbad. Our rates will be
as follows:
MATERIALS Price per specimen
California Bearing Ratio (CBR), Includes Maximum Density Curve $360.00
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
Fine Grained Soil
Granular Soil
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
$435.00
$120.00
$25.00
$40.00
$50.00
$225.00
$1 30.00
$180.00
$230.00
$130.00
$190.00
$20.00
$125.00
$2 10.00
$350.00
$125.00
$125.00
$60.00
$90.00
$70.00
$2 10.00
$40.00
TESTING ENGINEERS - SAN DIEGO, INC.
ESTABLISHED 1946
QUALITYWORKS
Page 16 of I9
Absorption Test, Fine Aggregate
Aggregate Conformance Testing for State of California Projects
(Includes: Sieve Analysis, Specific Gravity, No. 200 Wash,
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 fine 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
Organic Impurities, and Unit Weight)
$25.00
$2 10.00
$85.00
$70.00
$1 10.00
$95.00
$70.00
$125.00
$225.00
$35.00
$45.00
$45.00
$50.00
$40.00
$50.00
Asphalt n/lix Design Quote - Asphalt Mix Design Review
Extraction, YO Asphalt (Including gradation)
Film Stripping
Hveem Stability & Unit Weight
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
$100.00
$150.00
$65.00
$150.00
$150.00
$80.00
$80.00
$50.00
$1 15.00
Cement Testing QUOTE
Compression Tests, 6x 12 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, 6x6~18
Concrete Mix Design (Includes Aggregate Testing)
Concrete Mix Design (Revision or Review)
Drying Shrinkage (3 Specimens-28 Days)
Gunite Panel, 3 Cores
$13.00
$190.00
$40.00
$30.00
$40.00
$280.00
$125.00
$190.00
$190.00
TESTING ENGINEERS - SAN DIEGO, INC.
ESTABLISHED 1946
QUALITYWORKS
Page 17 of 19
Gunite Panel, 4 Cores $230.00
Modulus of Elasticity, Static $78.00
Splitting Strength Test $60.00
Trial Batch, Includes Mix Design, Aggregate Testing & Six Compression Tests $525.00
Unit Weight, Lightweight Concrete Fill $30.00
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 Ibs.), 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
Efflorescence, Block with Mortar
Efflorescence, Block Only
Efflorescence, 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 & Absorption, Block
$30.00
$30.00
$60.00
$90.00
$30.00
$35.00
$35.00
$14.00
$14.00
$350.00
$40.00
$30.00
$30.00
$80.00
$100.00
$30.00
$25.00
$40.00
$50.00
$40.00
$40.00
(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 Min. Requir. Only)
Reinforcing Steel, Bend Test: No. 1 1 Bars & Smaller
Mechanically Spliced Reinforcing Steel
Spray Applied Fireproofing Density Tests
Oven Dry Method
Displacement Method
Structural Steel, Tensile Test - Up to 200,000 Ibs.
$40.00
$90.00
$30.00
$50.00
$30.00
$80.00
$30.00
$30.00
$30.00
TESTING ENGINEERS - SAN DIEGO, INC.
ESTABLISHED 1946
QUALITYWORKS
Page 18 of 19
Structural Steel, Pipe Flattening Test $30.00
Welded Specimens, Tensile Test - No. 11 Bars & Smaller $32.00
Welded Specimens, Tensile Test - No. 14 Bars (To Min. Require. Only) $60.00
Welded Specimens, Tensile Test - No. I8 Bars (To Min. Require. Only) $80.00
Welded Specimens, Tensile Testing - Mechanically Spliced Bar $80.00
American Welding Society (AWS D 1.1 )
Limited Thickness Plate (per position) $200.00
Unlimited Thickness Plate (per position)
Pipe (per position)
American Welding Society (AWS Dl .4)
Bar Sizes #3 through #9 (each)
Bar Sizes #10 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 D 1.3)
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, if required
$230.00
$230.00
$200.00
$230.00
$250.00
$550.00
$550.00
$180.00
QUOTE
$1 80.00
$30.00
$90.00
$55.00
The above outlined schedule of fees contains only the basic services performed by this
office and is not a complete listing. Do not hesitate to call if your service needs are
not listed herein
TESTING ENGINEERS - SAN DIEGO, INC.
ESTABLISHED 1946
QUALITYWORKS
Page 19 of 19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared Name@) of Signer@)
'j€d personally known to me
11 proved to me on the basis of satisfactory
evidence
to be the person(* whose name) is/*
subscribed to the within instrument and
acknowledged to me that he/sheAhey executed
the same in hislhtwfhek authorized
capacity@@, and that by his/herHkeif.
signature(+ on the instrument the person@), or
the entity upon behalf of which the person(+
acted, executed the instrument.
Place Notary Seal Above
Though the information below is not required by law, if may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
0 1999 Nallonal Notary Association * 9350 De Soto Ave , PO Box 2402 * Chalswrth, CA 91313-2402 * www.nallonalnotaryorg Prod. No 5907 Reorder Call Toll-Free 1-800-876-6827