HomeMy WebLinkAbout2012-08-28; City Council; 20983; Approval Service Agreement Testing ServicesCITY OF CARLSBAD - AGENDA BILL
20.983
8/28/2012
TRANS
APPROVAL OF PROFESSIONAL
SERVICE AGREEMENT FOR AS-
NEEDED MATERIALS TESTING
SERVICES
DEPT. DIRECT
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No. 2Q12-197 approving a professional service agreement for as-needed materials
testing services with Construction Testing & Engineering, Inc.
ITEM EXPLANATION:
It is necessary to support city staff with outside professional services to provide materials testing on an
as-needed basis on public construction projects. Materials testing is required on most of the major
capital construction projects. It is a specialized field, and is not a function performed by city staff.
In May 2012 the city sent out a Request for Proposal (RFP) for as-needed materials testing services.
Staff received a totai of 10 proposals. A selection committee evaluated the RFPs consistent with the
Carisbad Munidpal Code Section 3.28.060 to determine the most qualified firms. Staff has seiected two
firms to provide materials testing services: Southern California Soil & Testing, Inc., and Construction
Testing Engineering, Inc. (CTE). Staff is recommending that City Council approve only the agreement
with CTE at this time due to the fact that Southern California Soil & Testing, Inc. is still working with their
insurance broker to obtain the appropriate insurance policy endorsements. CTE has already provided
these certificates and Staff antidpates needing materials testing services on current capital projects and
therefore has decided to move ahead with the award to CTE.
FISCAL IMPACT:
It is estimated the Construction Management &. Inspection Division of the Transportation Department will
require approximately $200,000 - $400,000 annually in as-needed materials testing services for capital
projects. The range in estimated cost is due to the uncertainty of project timing. As such, staff is
recommending awarding a one year contract with three allowable extensions in a not-to-exceed amount
of $400,000 per agreement year:
Contract Year Annual Contract Amount
1 $400,000
2 $400,000
3 $400,000
4 $400,000
TOTAL $1,600,000
DEPARTMENT CONTACT: Pat Vaughan 760-602-2780 x7321 patrick.vauqhan@carisbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
COUNCIL RECEIVED THE
REPORT/PRESENTATION
OTHER - SEE MINUTES
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Page 2
Payments for materials testing of Capital Improvement Program projects will be made on a time and
material basis for actual work performed by the Contractor. Work performed for the Capital Improvement
Program will be dependent on each project's funding as awarded by Council on an individual project
basis. Extensions will be based on a satisfactory review of the Contractor's performance, city needs, and
appropriation of funds to capital projects by the City Council.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2012-197 approving a professional service agreement for as-needed
materials testing services with Construction Testing & Engineering, Inc.
2. Agreement with Construction Testing & Engineering, Inc. for As-Needed Materials Testing
Services.
1 RESOLUTION NO. 2012-197
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
3 FOR AS-NEEDED MATERIALS TESTING SERVICES WITH
CONSTRUCTION TESTING & ENGINEERING. INC.
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5 WHEREAS, the City Council of the City of Carisbad, California, has reviewed the
6 need for materials testing by the Construction Management & Inspection division of the
7 Carisbad Transportation Department for construction projects within the City of
^ Carisbad on an ongoing, as-needed basis in order to maintain service levels; and
^ WHEREAS, the Construction Management & Inspection Division of the Carisbad
Transportation Department solicited, received, and reviewed proposals for as-needed
professional services for materials testing consistent with Cartsbad Municipal Code
section 3,28.060; and
WHEREAS, subsequent to review of the proposals, staff recommends
Construction Testing & Engineering, Inc. as one ofthe most qualified consultants; and
j5 WHEREAS, staff recommends award of the contract for Capital Improvement
17 Program materials testing to Construction Testing & Engineering, Inc, in an amount not-
18 to-exceed $400,000 in the initial agreement year; and
WHEREAS, expenditures for these professional services are subject to
availability of funding from the city's Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cartsbad, California, as follows that:
1. The above recitations are true and correct.
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1 3. That the maximum compensation will not exceed $1,600,000 over the
^ maximum four-year period of the agreement. No compensation above this amount will
be authorized without City Council approval,
4, That annually, a formal amendment may be processed for City Manager
approval indicating the actual service totals and the maximum compensation for the
next agreement year.
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g 5, The Mayor of the City of Cartsbad is hereby authorized and directed to
9 execute the agreement with Construction Testing & Engineenng, Inc, for an amount not-
o-exceed $400,000 in the initial agreement year on behalf of the City of Cartsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
ofthe City of Cartsbad on the 28th day of August 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard,
None.
ABSENT: None,
ATTEST:
LORRAINE M, WOOD, City Clerk
AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES
(CONSTRUCTION TESTING & ENGINEERING, INC.)
THIS AGREEMENT is made and entered into as of the day of
fljU.\AjLS>& , 20J2-, by and between the CITY OF CARLSBAD, a munidpal
corporatloi4J ("City"), and Construction Testing & Engineering, Inc, a Califomia Corporation,
("Contractor).
RECITALS
A, City requires the professional services of a firm that is experienced in materials
testing.
B, Contractor has the necessary experience in providing professional senrices and
advice related to materials testing.
C, Contractor has submitted a proposal to City and has afTtmied its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions,
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor wiil exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern Califomia Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise,
3. TERM
The temi of this Agreement will be effective for a period of one year from the date first above
written. The City Manager may amend the Agreement to extend it for three additional one year
periods or parts thereof in an amount not to exceed four hundred thousand dollars ($400,000)
per Agreement year. 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.
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 temri will be
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 five percent (5%) 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".
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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 Sen/ices, 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. Notiiing 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 temis of this Agreement applicable to Contractor's work unless
speciflcally noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone 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 eariy tennination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH", OR
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with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits,
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limit ations 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 earned 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,
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occunrence 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 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.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code, Workers' Compensation wjll not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv, Enters 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.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10,2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage,
10.2.3 This insurance will be in force during the life 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 fumish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor falls 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
City Attomey Approved Version 2/17/12
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, Citv resen/es 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 Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All wori< 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 temninated, 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 wori< product for Contractor's records,
14- COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contrador 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
Name Patrick Vaughan Name TKbMAS Q-ixtA~0
Title Deputy Director Title (^feSj Avv^f
Department Transportation/CMSil Address \HH\ f^OyvVltl (?.0^^ SuiiH^ 115
City of Carisbad ^ScOKA\(^^ ^ C.A ^IblC
Address 5950 El Camino Real Phone No. C7^Q} 7 4^6 - 55
Carisbad. CA 92008 Email i^orw^^ Cie ' i'l^c. Aef
Phone No, 760-602-2780
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.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPUANCE 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 sen/ices with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
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. 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 othenn/ise 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 fonft^arded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded
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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
temriinate this Agreement for nonperformance by notifying Contractor by certified mail of the
tennination. 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 detennine 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 wori< product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
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payable under this Agreement, City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solidt 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 othenwise recover, the full
amount of the fee. commission, percentage, brokerage fees. gift, or contingent fee,
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part 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 Califomia Government Code sections 12650 et seg,.
the False Claims Act applies to this Agreement and. provides for civil penatties 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 up4o five (5) years. Contractor acknowledges debannent by another jurisdiction
is grounds for City to terminate this Agreement.
23. 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 Dlego, State of California, and the parties waive all provistons of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement 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,
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms 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.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and wanrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement,
CONTRACTOR
(sign here)
(print name/title)
CITY OF CARLSBAD, a munidpal
corporation of the State of California
' Mayor'
ATTEST:
B
2. (sign here)
(print name/title) T
LORRAINE M. WOOD
City Clerk
^^^^^^
r Or
= >-or
If required by City, proper notarial acknowledgment of execution by co'%^tqjp"nny;sf be
attached. If a corporation. Agreement must be signed by one corporate officer frofff'eafcVi of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Othenvise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the ofricer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
Assistant City AttomAy
AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES
{CONSTRUCTION TESTING & ENGINEERING, INC.)
City Attorney Approved Version 2/17/12
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO }
On August 2, 2012, before me, Cindy Grady, Notary Public, personally appeared
Thomas Gaeto and Rodney Ballard, who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Publi
CommittiOfi # 187S791
Mottry PuMc • CaHfornia
San Diiflo County 1 ^m/ san inaflo couniy jt
Document Title: Agreement for As-Needed Materials Testing Services
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perform as-needed materials testing services in accordance with the city's
Request for Proposals dated May 30, 2012. The agreed upon billing rates for services outlined
in said proposal are attached hereto.
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CONSTRUCTION TESTING & ENGINEERING. INC.
1441 MONIIEl ROItl, SBIK IIS I ESCOIOIDO. U ItOll I 7ie.74l.4ltS I FAI 7I(.74I.IH(
Page 1 of 5
1/1/2012
Schedule of Fees and Services
Price
per Hour
Prevailing
Wage Rate
PROFESSKMALENQMmeRmOSTAfP
Principal Engineer / Geologist $130 $130
Senior Engineer / Geologist / Architect $110 $110
Project Engineer / Geologist / Architect $100 $100
Environmental Consultant / Registered Environmentai Assessor $90 $90
Staff Engineer / Geologist / Architect $90 $90
Environmental Specialist $80 $80
Environmental Technician $75 $75
Hi^cTm$^f^yf(^^9mMrY<?mm
Pile Driving Inspector / Deep Foundation Inspector $90 $90
Senior Soil Technidan (includes nuclear gauge or mobile laboratory) $85 $90
Soil Technician (includes nuclear gauge or mobile laboratory) $75 $90
Mechanical / Electrical Inspector $75 $90
Registered Special Inspector (Concrete, Masonry, Welding, Pre-Stress, Fireproofing) $70 $85
Field Technician 1 (ACI / Soil) $70 $85
Concrete Technician (ACi) $70 $85
Roofing / Waterproofing Inspector $75 $90
Roofing / Waterproofing Consultant QUOTE QUOTE
Inspector of Record / DSA / OSHPD Inspector QUOTE QUOTE
Quality Control Representative QUOTE QUOTE
Submittal Reviewer QUOTE QUOTE
QC Plan Preparation QUOTE QUOTE
Non-Destructive Testing Inspector (Ultrasonic, magnetic particle, dye penetrate) $80 $90
Metalic Surface Coatings (Paint or Itumescescent Fireproofing) QUOTE QUOTE
Radiographic (low power portatjie and laboratory available) QUOTE QUOTE
SPECIAL SERVICES:
Vertical Coring / Sawing Operator & Equipment (Horizontal extra) $100 $100
Floor Flatness Testing $100 $100
Mobilization / Demobilization - flat rate $100 $100
Reinforcing Steel Location $90 $90
Anchor Pull Tests - up to 30 tons $70 $85
Batch Plant Inspector $70 $85
Procedure Qualification per AWS, ASME or Military Standards QUOTE QUOTE
SUPPORT SERVICES:
Certificate of Completion $250
Draftsman $70
Express Mail (FEDEX/UPS) (minimum) $30
Facsimile (each page) $1
File Search, re-issue of report, copies (minimum) $60
Pickup/Delivery (50 mile radius of CTE office) $50
Word Processing/Secretarial (per hour) $65
Sample Pick-up $40 / Trip
Sample Pick-up (Large) $60 / Trip
COURT APPEARANCE AMD I^HiSmONS:
Principal Professional Preparation, Deposition or Testimony $250
Senior Professional Preparation, Deposition or Testimony $175
Travel & Expenses Actual + 20%
Evidence Storage (per month) $50
CONSTRUCTION TESTING & ENGINEERING, INC.
V X41 MONTIEl flO«l. SOITE 111 I lUIVaiOO. Cit IIIM I 7ll.74l.4liS I fU 711 74Mi(l
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1/1/2012
Schedule of Fees and Services
Test Procedure Price
per Specimen
ASTM
Designation
^^^^Otne^^^^^
Method Used
soits
California Beanng Ratio (CBR), Includes Maximum Density Curve $360 D 1883
Cement Treated Base. Laboratory Design - Soil Cement, Each Set $435 D-558
Cement Treated Base. Sample Fabrication (Set of Three) $120 D-558 CTM 312
Cement Treated Base. Compression Test $25 —
Chloride Content of Soil $70
Consolidations - Per Point $200.00 or $65.00 per D2435
Direct Shear Test $195 to $245 D3080
Expansion Index $200 D4829 UBC 18-2
Hydrometer Analysis $100 D-422
Hydrometer Analysis with coarse & fine grade $230 — —
Laboratory Compaction Test (Moisture Density-Each Curve) $190 D 1557 CTM 216
Laboratory Compaction Test Requiring Rock Correction $225 D 1557/D 4718
Moisture Content $40 D2216
Plasticity Index / Liquid Limit/Atterburg Limits $120 D4318
Permeability Test - Constant Head
Fine Grained Soil $210 D-5084
Granular Soil $350 D2434
other QUOTE D4318
R - Value (Minimum 3 pts.) $240 D-2844 CTM 301
Resistivity and pH of Soil $150 0^972 CTM 643
Sand Equivalent $100 D2419 CTM 217
Shrinkage Limit $90 D427
Sodium Sulfate Soundness (Per Size Fraction) $70 C 88
Soil Classification w/ Atterburg & Gradation $245 D2487
Sulfate Content of Soil $80 — —
AGGI^GATES:
Absorption Test, Coarse Aggregate $30 C 127 —
Absorption Test, Fine Aggregate $30 C 128
Aggregate Confonnance Testing for State of California Projects $220 — —
(Includes: Sieve Analysis, Specific Gravity. No. 200 Wash. Organic Impurities, Unit Weight)
Clay Lumps and Friable Particles $90 C 142
Cleanness Value $80 — CTM 227
Crushed Particles, Percent $120 — CTM 205
Durability index. Coarse Aggregate $100 D3744 CTM 229
Durability Index, Fine Aggregate $80 D3744 CTM 229
Los Angeles Rattler $160 C 131 or C 535 CTM 211
Mortar making properties of fine aggregates $225 C87
Organic Impurities in Sand $50 C40 —
Sieve Analysis (Gradation), Coarse Aggregate $60 C 136 —
Sieve Analysis (Gradation), Fine Aggregate (including Wash) $80 C 136 —
Specific Gravity, Fine Aggregate $60 C 128 —
Specific Gravity, Coarse Aggregate $50 C 127 —
Unit Weight per Cubic Foot, Voids in Aggregate $60 C29
1/ a-^r- CONSTRUCTION TESTING & ENGINEERING, INC.
^^^^^^^^X t44I MMIItl ROHC. SOITt n« I EtCONIlOO, CA Otlll I 7l0.74Mm I (AX nD.r4MIH
Page 3 of 5
1/1/2012
Schedule of Fees and Services
Test Procedure Price
per Specimen
ASTM
Designation
Other
Method Used
ASPHMJ CQMCB£Jfc
Asphalt Mix Design Quote Marshall & Hveem —
Asphalt Mix Design Review $150 — —
Extraction % Asphalt (including gradation) $150 D-6307/C-136 CTM310/CTM 382
Film Stnpping $65 — CTM 302
Hveem Stability & Unit Weight $160 D 1560/D 1561 CTM 304, 308 & 366
Marshall Stability, Flow & Unit Weight (Three Specimens) $160 D 1559/D 2726 —
Maximum Theoretical Unit Weight (Rice Specific Gravity) $160 D2041 —
Percent Swell $90 „. CTM 305
Unit Weight Compacted Sample or Core (Bulk Specific Gravity) $60 D2726 CTM 308
Unit Weight Sample Requiring Compaction $125 D2726 CTM 304 & 308
Cement Testing Compression (Cubes) QUOTE C-109/C-109M —
Compression Tests, 6x12 Cylinder $23 C39 —
Compression Tests, Gunite/Shotcrete Panels. 3 Cut Cores per Panel (Set) $150 C39 —
Compression Tests. Cores (includes Sample Preparation) $55 C42 —
Compression Tests, Lightweight Concrete Fill $40 C495 —
Concrete Flexural Test, 6x6x18 $75 C 293. C 78 —
Concrete Mix Design QUOTE —
Concrete Mix Design (Hourly by Engineer) QUOTE „ —
Drying Shrinkage (3 Specimens-28 Days) $200 C 157 (Mod) —
Gunite Panel, 3 Cores $200 C-42
Gunite Panel, 4 Cores $225 C-42 —
Modulus of Elasticity. Static $85 C469 —
Splitting Strength Test $80 C496 —
Trial Batch. Includes Mix Design, Aggregate Testing & Six Compression Tests $600 —
Unit Weight, Lightweight Concrete Fill $40 C495 ~
Absorption Test, Brick, 7-Day (Per Block, 3 block minimum) $55 C67
Absorption Test, Brick, 24-Hour Submersion $35 C67 —
Absorption Test, Brick, 5-Hour Boiling $50 C67 —
Composite Prism (under 400,ooo lbs ), Half Size 8x16x8 $95 E447 UBC 21-17
Composite Prism (under 400,000 lbs ), Full Size 8x16x16 $110 E447 UBC 21-17
Compression Test, Brick $30 C67 —
Compression Test, Blocks Larger Than 8x8x16 $40 C 140 —
Compression Test, Blocks Less Than or Equal to 8x8x16 $35 C 140 —
Compression Tests, Grout $20 C 1019 UBC 21-18
Compression Tests. Mortar, 2x4 cylinder UBC $20 C780 UBC 21-16
Confonnance Package $400 C90 —
Efflorescence, Block with Mortar $40 C-90 —
Efflorescence, Block Only $30 C-90 —
Efflorescence, Brick only $30 C67
In-Place Shear Test (per test) $80 UBC 21-6
Linear Shrinkage $100 C426 —
Modulus of Rupture. Brick $30 C67 —
Moisture as Received, Brick $25 C67
Saturation Co-Efficient (includes Absorption) Brick $40 C67 —
Shear Test, cores (excludes sample preparation) $100 ... Title 24
Compression Test Cores (includes sample preparation) $40 C42 Title 24
Unit Weight & Absorption, Block $40 C 140 —
CONSTRUCTION TESTING & ENGINEERING, INC.
X MINTIU HAD. SUUE 111 I ESCOROIOO. CA Itlll I 7ll.74t.4ISi I FAX 7l(.74t.lUI
Schedule of Fees and Services
Page 4 of 5
1/1/2012
Test Procedure Price
per Specimen
ASTM
Designation Other
Method Used
MATBllAlyS
High Strength Bolt. Nut & Washer Conformance
(Wedge TensHe. Proof Load. Hardness) $100 A-325 —
Mechanical Tests, Hardness Test, Rockwell $50 — —
Prestressed Steel, Tensile Test, Strand (7 wire) $90 — —
Reinforcing Steel, Tensile Test - No 11 Bars & Smaller $30 A615 —
Reinforcing Steel, Tensile Test - No.14 Bars & Larger (To Mm. Requir Only) $50 A615 —
Mechanically Spliced Reinforcing Steel $80 — —
Spray Applied Fireproofing Density Tests
Oven Dry Method $75 E605 UBC 7-6
Structural Steel, Tensile Test - Up to 200,000 lbs. $40 A 370 —
Structural Steel, Bend Test. $30 — —
Structural Steel, Pipe Flattening Test $30 ~ —
Welded Specimens, Tensile Test - No. 11 Bars & Smaller $32 —
Welded Specimens, Tensile Test - No. 14 Bars (To Min. Require. Only) $60 —
Welded Specimens, Tensile Test - No. 18 Bars (To Min. Require. Only) $80 —
Welded Specimens, Tensile Testing - Mechanically Spliced Bar $80 — —
Asbestos Evaluation (per ply) $40 —
Asphalt Softening Point $150 — —
Roofing Material Analysis, With Surfacing $450 D2829
Roofing Material Analysis. Without Surfacing $225 D3617 —
Roofing Tile, Absorption (set of 5) $150 —
Roofing Tile, Strength Test (set of 5) $150 — —
WELDING CERTVKATJON
American Welding Society (AWS Di.i) —
Limited Thickness Plate (per position) $200 —
Unlimited Thickness Plate (per position) $230 — —
Pipe (per position) $230 —
/\merican Welding Sodety (AWS DI 4) — —
Bar Sizes #3 through #9 (each) $200 —
Bar Sizes #10 through #11 (each) $230 — —
Bar Sizes #14 through #18 (each) $250 _. —
American Society of Mechanical Engineers (ASME) — „-—
Plate or Pipe Procedure Qualification (each) $550 „. —
Plate or Pipe Welder Qualification (each) $550 -„ —
Amencan Welding Society (AWS Di 3) — „. —
Light Gauge Metal (includes butt and plug weld) $180 —
Procedure Qualification per AWS, ASME or Military Standards QUOTE —
Fillet Weld Test (Break and Etch Test) $180 — —
Fillet Weld Test Plates $30 — —
Ultrasonic Testing of Weld Coupons $90 — —
Witness time. If Required $55
REQUEST FOR PROPOSAL
RFP #12-09
FOR
AS-NEEDED MATERIALS TESTING SERVICES
MAY 2012
PROPOSALS MUST BE RECEIVED SEALED AND CLEARLY MARKED ON THE
OUTSIDE WITH "RFP #12-09 AS-NEEDED MATERIALS TESTING SERVICES"
PROPOSALS MUST BE RECEIVED PRIOR TO 5:00 P.M. ON MAY 30, 2012
AT:
CITY OF CARLSBAD
Construction Management & Inspection
Attn: Patrick Vaughan
5950 El Camino Real
Carlsbad, CA 92008
PROPOSALS MAY BE SUBMITTED BY MAIL OR DELIVERED DIRECTLY TO THE
ABOVE ADDRESS PRIOR TO THE DATE AND TIME SPECIFIED ABOVE.
1^
RFP NO. 12-09 DATE DUE: May 30, 2012
5:00 PM
FOR: AS-NEEDED MATERIALS TESTING SERVICES
The City of Carlsbad is requesting proposals for as-needed materials testing services per the attached
specifications. Your proposal must be submitted as described in the attached Request for Proposal.
Additional documentation may be added if desired. Please review the entire package before submitting your
proposal. Incomplete submissions may be rejected as non-responsive. The agreement will be for a one-
year term with up to four additional one-year optional extensions.
In accordance with Carlsbad Municipal Code Sections 3.28.030 and 3.28.050(D) awards shall be based on
a best value evaluation. Criteria used for the evaluation will include: cost, capability of vendor (equipment,
staff qualifications, length of time in business, company resources, Contractor's environmental compliance
ability, etc.), ability to provide timely service, previous performance of vendor (references and performance
on previous contracts), and unspecified value-added offerings by the vendor. The awarding authority's
determination and selection shall be final.
We will expect the selected vendor to sign a contract. A sample contract is attached which includes the
scope of services. You must consider the terms and conditions in the sample contract to be part of your
proposal. Please read the insurance requirements and general provisions carefully. Please do not execute
the contract at this time.
The city reserves the right to reject any or all proposals or any part of the proposal, to waive minor defects
or technicalities, or to solicit new proposals.
Please direct questions about the proposal specifications to Jennifer Gowen, Associate Contract
Administrator, at 760-602-2780 x7302. Please direct questions about the bid process in general to John
DeRego, Purchasing Department, at 760-602-2467.
Fax Number Firm
Address
City, State, Zip.
Auth. Signature.
GUARANTEE OF GOOD FAITH REQUIRED: Print Name
$ NONE (FAILURE TO SUBMIT GUARANTEE ~ ~
OF GOOD FAITH, WHEN REQUIRED, WILL Title Date
VOID YOUR PROPOSALS. SEE ITEM 3, PAGE ~
2, GENERAL PROVISIONS. Area Code/Phone
THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY- AND WOMEN-
OWNED BUSINESSES
REQUEST FOR PROPOSAL
AS-NEEDED MATERIALS TESTING SERVICES
The proposal shall be limited to 10 pages (not including attachments), be single sided,
and be in 12-point font. The proposal shall include, but is not limited to:
1. Executive summary of proposal
2. Name and resume of Registered Civil Engineer who directs laboratory on a full-
time basis
3. Affidavit of compliance with ASTM Standard E 329-77.
4. Copy of latest inspection report by Cement and Concrete Reference Laboratory of
the National Bureau of Standards as an attachment. Include an explanation of
corrections made to any footnotes noted in the report.
5. List of available testing equipment required to perform specified work.
6. Verification of accuracy of mechanical testing equipment. Include copies of
calibration made by an approved agency within the past year as an attachment.
7. Resumes of technicians and supervisors who will work on city projects.
8. A current Standard Form 254 and 255
9. Participation in FHWA laboratory inspection and comparative sample testing
program such as AMRL and CGRL or Caltrans Correlation Testing Program.
10. Demonstration of Quality Assurance/Quality Control (QA/QC) program
11. Laboratory capability of providing reference testing in-house with own resources
and personnel
12. Laboratory ability to provide reference field services in-house with own personnel
13. Location ownership and history of laboratory
14. List of services provided (with fee schedule In a separate sealed envelope)
15. Vendor's Statement of Financial Responsibility:
A copy of the Vendor's annual report shall be provided. If an annual report
is not available, such other information shall be provided to show financial
stability of the Vendor. Information may be submitted under separate cover
marked "CONFIDENTIAL". Information in a form other than an annual
report shall be signed "under penalty of perjury under the laws of the State
of California".
16. Vendor's Statement of Compliance with Insurance Requirements (attached)
MINIMUM VENDOR QUALIFICATIONS
The Vendor is required to have a minimum of two (2) years in business performing
materials testing services.
EVALUATION OF PROPOSAL
Firms will be evaluated on the following information to determine the most qualified firm:
• Qualifications and experience of the firm providing as-needed materials testing &
inspection services for public works agencies.
• Qualifications and experience of individual engineers and technicians assigned to
provide services on this contract
• Laboratory demonstrated ability to respond and provide services in a timely
manner
• Consultant's demonstrated ability to provide similar services on both public and
private construction projects
• Consultant's QA/QC program
• Consulting firm's knowledge of City, State, and Federal procedures
All firms submitting proposals will be notified of the final rankings. The city may invite
firms for oral interviews, but reserves the right to make the selection solely on the basis of
the written proposals.
After completion of the evaluation and ranking process, the highest-ranking firm or firms
will be asked to submit their proposed fee schedule for review and negotiation. In the
event that a fee schedule cannot be agreed upon with a firm, the city will terminate
negotiations and enter into negotiations with the next highest-ranking firm.
The City of Carlsbad reserves the right to require any firm to furnish additional information
to determine whether or not the firm is qualified to perform the required testing and to
certify the results. The Construction Management & Inspection Division shall make final
determination of qualifications.
REJECTION OF PROPOSALS
The city reserves the right to reject any and all proposals for any reason.
PAYMENT
The work shall be paid for on a per test or per report basis which shall include ali costs,
such as testing, travel time, reports, storing of specimens, furnishing test cylinders,
laboratory costs, and other necessary costs deemed appropriate by the Project Inspector.
Soil, base rock, and asphalt compaction testing shall be paid on an hourly rate that
includes all costs associated with said sampling and testing.
Reports for investigations beyond unit test and cost procedures will be negotiated as
required. Additional services may be paid for on an hourly rate with prior written approval
from the city. Progress billing will be paid on a monthly basis according to the approved
fee schedule and itemized as required by the city.
0-2
CITY CONSULTANT CONTRACT
Attached is a review copy of the standard city contract that the consultant is expected to
Sign. Award criteria includes acceptance of entire contract format as herein attached.
Consultant's proposal submission will constitute its acceptance of an agreement to the
city's contract.
AWARD OF CONTRACT
Award of contract will be based on an evaluation of proposals submitted and review of
qualifications. Award of contract will be made to the firm(s) who, in the opinion of the city,
best meet(s) the needs of the City of Carlsbad. The city reserves the right to make an
award that is in the best interest of the city.
EXECUTION OF CONTRACT
The contract shall be signed and returned to the city by the successful firm within ten (10)
days after the Notice of Award of Contract has been mailed. The city shall consider no
proposal binding upon the city until the full execution of the contract. Failure by the
consultant to sign the contract within the ten (10) day period shall be just cause for the
annulment of the award.
INFORMATION
Any questions regarding this RFP shall be presented to Mr. Patrick Vaughan, Deputy City
Engineer. All questions must be received by 4:00 P.M. on May 18, 2012 and may be
submitted in three formats: via e-mail to patrick.vauqhan(S:>carlsbadca.qov. via facsimile to
(760)438-4178, or via US Mail to the address listed below. A single written reply to ali
questions will be posted online shortly thereafter.
SUBMITTAL
Six copies of the proposal must be submitted in a sealed envelope clearly labeled with the
name of the firm submitting the proposal. Proposals are to be submitted no later than
5:00 P.M. on May 30, 2012 to:
Patrick Vaughan
Deputy City Engineer
Construction Management & Inspection
City of Carlsbad
5950 El Camino Real
Carlsbad, CA 92008
9^
VENDOR'S STATEMENT OF COMPLIANCE WITH CITY OF CARLSBAD'S INSURANCE
REQUIREMENTS
(Please see Contract, Section 10)
The Vendor must attach either of the following items to this page, and submit with his/her proposal:
1) Certificates of insurance showing conformance with the City's contract insurance requirements herein
for:
Comprehensive General Liability Insurance
Automobile Liability Insurance
Workers' Compensation Insurance
Employer's Liability Insurance
OR
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Vendor, will issue to the Vendor policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers' Compensation and Employer's Liability
in conformance with the requirements herein and Certificates of Insurance to the City showing
conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered to
meet the specification of this contract must:
1) Meet the conditions stated in the included contract for each insurance company that the Vendor
proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-
owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state
the coverage is for "anv auto" and cannot be limited in any manner.
Within fifteen (15) calendar days after City's notification of award of contract to Vendor all
required insurance documents must be submitted to the City's Purchasing Officer.
Vendor's failure to provide the city-required insurance certificates showing specified
coverage within this time frame may be cause for the contract award to be rescinded in
the city's sole discretion.
Vendor's Acknowledgement (signature)
(SAMPLE CONTRACT. DO NOT COMPLETE AT THIS TIME^
AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES
(NAME OF CONTRACTOR)
THIS AGREEMENT is made and entered into as of the day of
— 20 by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and a
("Contractor"). ~' '
RECITALS
A. City requires the professional services of a firm that is experienced in materials
testing.
B. Contractor has the necessary experience in providing professional services and
advice related to materials testing.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one from the date first above written
The City Manager may amend the Agreement to extend it for four additional one year periods or
parts thereof in an amount not to exceed
dollars ($ ) per Agreement year. 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.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
6. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
• dollars ($ ). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. The City reserves the
nght to withhold a ten percent (10%) 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 unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against ail claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone 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.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and ali
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-:VH". OR with a surplus
line insurer on the State of Califomia's List of Eligible Surplus Line Insurers (LESLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
^^•^•^ Commercial General Uabilitv Insurance. $1.QQQQQQ 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.
101 -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.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10-1-4 Professional Uabilitv. 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 ofthe work.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10-2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life 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 Coverage. 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. Citv reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from tIme-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period 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
Name • Name
Title Title
Department Address
City of Carlsbad
Address Phone No.
Email
Phone No.
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
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in ail four categories.
2^
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance of
the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
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. DISPUTE RESOLUTION
If a dispute should arise regarding the performance ofthe Services the following procedure will be
used to resolve any questions of fact or interpretation not othenA/ise 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 fonA/arded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonA/arded 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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and ofthe percentage 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 lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
3-^
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.
22. 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.
23. 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.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and Its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
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.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here)
(print name/title)
City Manager or Mayor or Division Director
as authorized by the City Manager
ATTEST:
By:
(sign here) LORRAINE M. WOOD
City Clerk
(print name/title)
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
OthenA/ise, the corporation oiust 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 Attomey
BY:
Assistant City Attorney
CITY QF CARLSBAD
AS-NEEDED MATERIALS TESTING SERVICES
EXHIBIT "A"
Provide construction material testing and inspection services for both Capital
Improvement Program (CIP) projects and private development projects.
A. MATERIAL TESTING
1. Soils
Density in Place (Sand Cone Method)
Density in Place (Nuclear Method)
Moisture Content in Place
"R" value
Soils Investigation Reports
Percolation
Expansion Index
Maximum Dry Density
Shear Strength
Gradation
Sand Equivalent
Concrete
Mix Design
Compressive Strength
Slump Test
Air Content
Aggregates
Sieve Analysis
L A Abrasion
Organic Impurities
Sand Equivalent
Durability Index
4. Reinforcing Steel
Tensile Strength
Ductility Test
Structural Steel
Tensile Strength
Ductility Test
Ultrasonic Testing
33,
6. Asphalt Concrete
• Plant Inspection
• Mix Design
• Asphalt Extraction and Gradation (Ignition Oven)
• Density in Place
• Hveem Stability
• Marshall Stability
• Wet Track Abrasion
7. Masonry Construction
• Prism Compression Test
• Mix Design
8. Masonry Block
• Absorption
• Compression
• Drying Shrinkage
• Moisture
9. Masonry Brick
• Absorption
• Compression
• Efflorescence
• Rupture
10. Masonry Mortar & Grout
• Compression
11. Adobe Block
• Absorption
• Compression
• Erosion
• Rupture
• Moisture
B. AVAILABILITY OF WORK
The work site will be available for testing within fifteen minutes after the technician is
scheduled to arrive. In the event the site is not ready for testing within that time, or in the
event the consultant's technician cannot maintain a testing rate offive (5) minutes per
A.C. compaction test, fifteen (15) minutes per nuclear soil test, or thirty (30) minutes per
sand cone test due to no fault ofthe consultant, the city inspector may, at his option:
place the technician on standby at the unit price per hour; or, release the technician with
the tests completed to that time or authorize the minimum test chargeable, whichever is
greater. Standby time will be paid at fifteen (15) minute intervals.
33
C. SCHEDULING OF WORK
The city will normally schedule work on a prior day basis. The firm's technician shall be
onsite within fifteen (15) minutes of the scheduled time. Costs incurred by the city due to
time delays created by the materials testing firm shall be at the expense of said firm. The
city will make every effort to coordinate work to allow use of a single technician, but is
under no obligation to do so. The city may schedule or reschedule work on a same day
basis if a technician is available. The city will not be held liable for any test cancellation
that occurred at least two (2) hours prior to the scheduled time.
D. REPORTS
Compaction test reports will be made available in the field at the time of testing where
sampling for maximum densities was made available two (2) days prior to testing of soils
and aggregates, and the same day for asphalt concrete. When proctors for maximum
densities are not available on the day of testing, compaction test results shall be available
no later than the next day. Consultant will prepare and submit a formal report as soon as
that segment of work is completed or when othenA/ise requested by the city. Information
requirements for each test or sample to be taken will include as a minimum:
Date of testing and specimen taking
Date of test report
City project number
City project title
Name of tester
Three dimensional location of test or sample
Test results
3^
CITY OF CARLSBAD
GENERAL PROVISIONS
PLEASE READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT
Pursuant to the Notice to Bidders advertised in the official City newspaper, the specifications,
bidding instructions and requirements on file with the City, the conditions of these General
Provisions, and subject to all provisions of the Ordinances of the City of Carisbad, the Bidder
proposes to furnish to the City of Carlsbad, complete at the prices stated in the bid document, the
items or services described in the bid document. The person signing the bid warrants that the bid
is genuine and not sham or collusive, or made in the interest of, or on behalf of, any person, firm
or corporation not named in the bid document; that the Bidder has not directly or indirectly induced
or solicited any other Bidder to submit a sham bid, or any other person, firm or corporation to
refrain from bidding, and that the Bidder has not, in any manner, sought by collusion to secure any
advantage over other bidders.
In submitting this proposal, the Bidder agrees that:
A. Bidder has carefully examined the specifications and all provisions relating to the
items to be furnished, or the work to be done, attached and incorporated into the
proposal and understands the meaning, intent and requirements of them, and agrees
to the same.
B. Bidder will, for the prices quoted, enter into a written contract and furnish the item(s)
or complete the work in the time specified, and in strict conformity with the City of
Carisbad specifications for the item(s) or work.
1. FORMS
The Purchasing Officer will furnish forms and specifications for all proposals and no bids will
receive consideration unless made upon forms so furnished. BIDS MUST BE SUBMITTED
IN A SEALED ENVELOPE WITH BID NUMBER ON THE OUTSIDE. COMPLETE WITH
THE SPECIFICATIONS AS FURNISHED AND DELIVERED TO CITY OF CARLSBAD
PURCHASING DEPARTMENT OR DEPOSITED IN THE BID BOX AT 1635 FARADAY
AVENUE. CARLSBAD CA 92008-7314. PRIOR TO THE TIME SET FOR OPENING.
2. PRICES
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and
corrections typed or written with ink next to them. Such modifications must be initialed in ink
by the person signing the bid.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any
difference between the unit price con-ectly extended and the total price shown for all items bid
shall be resolved In favor of the unit price, except when the Bidder cleariy indicates that the
total price for all items bid is based on consideration of being awarded the entire lot, and that
an adjustment of thetotal price is being made in consideration of receiving the entire bid.
^5
3. GUARANTEE OF GOOD FAITH (As required on Proposal Form)
Cash, uncertified personal and company checks and certificates of deposit are not
acceptable as a guarantee of good faith. Each proposal must be accompanied by an
unconditional certified check, or a bank or postal money order, or bid bond executed as
surety by a corporation authorized to issue surety bonds in the State of California. Such
check, money order or bond shall be made payable to the City of Carlsbad and shall be in the
amount specified on the Proposal Form. If the Bidder fails to execute the contract within ten
(10) days from the date of the City's mailing of notice that the contract is ready for signature,
the City will either award the contract to the next lowest Bidder or will reject all other bids and
call for new bids. The Bidder who has failed to so execute the contract shall be liable to the
City for the sum-not exceeding the amount of the check, money order or bond, by which the
amount of the contract covering the proposal, executed by and between the City and a third
party, may exceed the amount bid by the original successful Bidder. Such portion of check,
money order or bond as equals the sum shall be declared forfeited to the City of Carlsbad
and shall be collected and paid to the City. The Bidder may also be subject to debarment or
suspension.
IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid when such is
required will automatically void the bid.
4. ITEMS OFFERED
If the item offered has a trade name, brand and/or catalog number, such shall be stated in
the bid. If the Bidder proposes to furnish an item of a different manufacturer or vendor other
than that mentioned in the bid specifications. Bidder must specify maker, brand, quality,
catalog number, or other trade designation. Unless such is noted on the bid form, it will be
deemed that the item offered Is that designated in the bid specifications even though the bid
may state "or equal".
5. SAMPLES
Samples, when required, shall be furnished prior to bid closing date and time, or within time
specified in the bid. The City reserves the right to reject bids submitted without the required
samples, or to require samples for alternate bids or items offered as "equals". Samples of
items, when required, must be furnished free of expense to the City. If they are not destroyed
by tests, samples will, upon request, be returned at the bidder's expense.
6. ALTERNATIVE PROPOSALS
To be responsive to the bid. Bidder must submit a proposal that meets ail specific bid
requirements. Bidder may propose "equals" as provided for in accordance with Item 8 of
these General Provisions. Once Bidder has proposed a product which is responsive to the
specification, Bidder may thereafter include with the bid any additional proposals or
alternative products that are not "equals" but that Bidder believes can or may meet or exceed
City's requirements, and which offer City additional advantages or benefits based on the state
of the art that were not, or could not, be contemplated by City when the requirements were
prepared. The City reserves the right to evaluate and accept or reject such alternatives, as
26
though they were part of the original specifications, without advertising for further bids, or to
re-advertise based on such proposed state of the art alternatives when in the best interests of
the City. Any awards so made will be based on cost analysis considerations that result in the
optimum economic advantage to the City.
7. EXPIRATION OF BID
All bids shall be considered as firm for a period of ninety (90) calendar days, commencing the
day following the date of bid closing and expiring at midnight of the last day, unless othenA/ise
stated in the body of the solicitation. The Bidder may specify a date that the bid expires,
provided the date is specific and is entered on the Proposal or Request for Bid form.
8. BRAND NAME
Whenever reference to a specific brand name is made in this Request for Bid, it is illustrative
and to be construed as a specification which describes a component that has been tested or
evaluated by the City as best meeting the specific operational, design, performance,
maintenance, quality or reliability standards and requirements of the City, thereby
incorporating these requirements by reference within the specification. An equivalent or
"equal" may be offered by the Bidder, subject to testing and evaluation at the option of the
City or prior to and after the award of bid. The City resen/es the sole right to reject a
substituted component that will not fulfill requirements. It shall be the sole responsibility of the
Bidder to provide at Bidder's expense any product information, test data, and other
information or documents the City may require to fully evaluate or demonstrate the
acceptability of the offered substitute. Where appropriate, independent testing or evaluation
at qualified test facilities, at Bidder's expense, including destructive testing, may be required
as a condition of acceptance.
9. VERIFY BID PRICES
Bidders must verify their price quotations prior to bid submission, as withdrawal or correction
may not be permitted after the bid has been opened.
10. DELIVERY
A. Bidder shall state delivery terms on the Proposai Form unless already specified, in
which case delivery shall be made within the time set forth. Where time is stated in a
number of days, it shall include Saturdays, Sundays and holidays. Delivery is part of
the consideration and must be adhered to as specified.
B. Bidder will not be held liable for failure to make delivery because of strikes,
conscription of property, governmental regulations, acts of God, or any other cause
beyond the bidder's reasonable control; provided a written extension of time is
obtained from the City Manager.
C. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be
considered non-responsive and will be rejected. Prices shall include all freight,
delivery and set-up charges.
37
11. FIRM PRICES AND PRICE ADJUSTMENT
Prices on bid shall be firm prices not subject to escalation. In the event the specifications
provide for escalation, the maximum limit shall be shown, or the bid shall not be considered.
In the event of a decline in market price(s) below the price(s) bid, the City of Carisbad shall
receive the benefit of such decline.
Manufacturer's general price increases to the trade or industry may be passed on to the
City. Prices bid must be firm for the first ninety (90) days on an annual agreement; with a
thirty (30) day notification of any price increases thereafter. If any price increase occurs,
there will be a one (1) week, or one time, order protection provided at the last effective price.
All price increases or notices must be in writing from not only the vendor but also the
manufacturer. The City reserves the right NOT to accept the request.
12. TAXES
Each bidder shall include all applicable sales taxes as a separate item in their bid. The
amount of local city sales tax included in any bid submitted by a local (Carisbad) vendor
shall be credited by the City against said bid. The City Is exempt from Federal Excise Tax.
13. MODIFICATION OR WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by written notice received prior to the exact hour and
date specified for receipt of bid. A bid may also be withdrawn in person by a Bidder, or the
Bidder's authorized representative, prior to the exact hour and date set for receipt of bids.
14. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids, modifications of bids, or withdrawals received at the office designated in the
solicitation, after the exact hour and date specified for receipt, will not be considered. They
will be rejected as a late bid and will be returned to bidder unopened.
15. NO BIDS
If no bid is to be submitted, the bid should be marked "NO BID" and reason stated on the
Proposal Form, which should be returned in order to maintain the Bidder's name in City's
vendor file for further solicitations. A letter or postcard may be submitted instead a blank
proposal form. If a Bidder fails to respond to two Requests to Bid without returning a "NO
BID" response, the Purchasing Officer reserves the right to delete the Bidder from the
vendor file for future solicitation.
16. CONFIDENTIAL INFORMATION
Any information deemed confidential or proprietary should be clearly identified by the Bidder
as such. It will be protected and treated with confidentiality only to the extent permitted by
California state law considering public infonnation. OthenA/ise the information shall be
considered a public record. Any data to be returned should be so marked and will be
returned if not essential to the bid or contract record.
17. SIGNATURE
All bids must be signed, with the firm named as indicated. A bid by a corporation must be
signed by a duly authorized officer, employee or agent, with his or her title. Obligations
assumed by such signature must be fulfilled.
18. QUALITY
Unless OthenA/lse required in the specifications, all goods furnished shall be NEW and
UNUSED and the BEST OF THEIR KIND.
19. LITIGATION WARRANTY
The Bidder, by bidding, warrants that Bidder is not currently involved in litigation, arbitration,
or an administrative proceeding concerning the materials, or Bidder's performance,
concerning the same or similar material to be supplied pursuant to this contract or
specification, and that no judgments, awards or administrative determinations have been
made against Bidder, on the basis of Bidder's performance in supplying or installing the
same or similar material, unless such fact is disclosed to the City in the bid. Disclosure will
not disqualify the Bidder. The City reserves the right to evaluate bids, on the basis of the
facts surrounding such litigation, arbitration, or administrative proceeding and to require
Bidder to furnish the City with a surety bond executed by a surety company authorized to do
business in the State of California and approved by the City of Carisbad, in a sum equal to
one hundred percent (100%) ofthe contract price, conditional on the faithful performance by
Bidder of the contract, in the event the bid is awarded to Bidder, notwithstanding the
litigation, arbitration, or administrative proceeding.
20. ROYALTIES, LICENSES AND PATENTS
Unless OthenA/ise specified, the Bidder shall pay all royalties, license and patent fees. The
Bidder warrants that the materials to be supplied do not infringe any patent, trademark or
copyright, and further agrees to defend any and all suits, actions and claims for Infringement
that are brought against the City, and to defend, indemnify and hold harmless the City from
all loss or damages whether general, exemplary or punitive, as a result of any actual or
claimed infringement asserted against the City, the Bidder, or those furnishing material to
Bidder pursuant to this contract.
21. PERFORMANCE STANDARDS
Performance of work, and acceptability of equipment or materials supplied, pursuant to any
contract or award, shall be to the satisfaction ofthe City.
22. WARRANTIES
A. All material, labor or equipment provided under the contract shall be warranted by
Bidder, and/or manufacturer, for at least twelve (12) months after final acceptance by
City, except automotive equipment which will be warranted for a minimum 12,000
miles or 12 months, whichever occurs first. Greater warranty protection will be
accepted. Lesser warranty protection must be indicated by Bidder on the bid proposal
as an exception.
B. Bidder shall be considered primarily responsible to the City for all warranty service,
parts and labor applicable to the goods or equipment provided by Bidder under this bid
or award, irrespective of whether Bidder is an agent, broker, fabricator or
manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is
performed at a local agency or facility convenient to City and that services, parts and
labor are available and provided to meet City's schedules and deadlines. City may
require Bidder to post a performance bond after contract award to guarantee
performance of these obligations. Bidder may establish a sen/ice contract with a local
agency satisfactory to City, to meet this obligation if Bidder does not ordinarily provide
warranty service.
23. ADDENDA
The effect of all addenda to the bid documents shall be considered in the bid, and said
addenda shall be made part of the bid documents and shall be returned with them. Before
submitting a bid, each Bidder shall ascertain whether or not any addenda have been issued,
and failure to cover in this bid any such addenda issued, may render the bid invalid and
result in its rejection.
24. SPECIFICATIONS TO PREVAIL
The detailed requirements of the specifications shall supersede any specific requirement of
these General Provisions which are in conflict therewith. The City resen/es the right of being
sole judge of bid meeting specifications. Requests for interpretation of bid specifications
shall be made in writing to the Purchasing Officer at least five days prior to the date of the
bid opening.
25. FAITHFUL PERFORMANCE BOND
The successful Bidder may be required to furnish the City with security for the faithful
performance of the contract, in a sum up to One Hundred Percent (100%) of the amount of
the contract price. This security may take the form of a bond executed by a surety company
authorized to do business in the State of California and approved by the City or Carisbad, or
a money order or certified check drawn on a solvent bank. Such bond or deposit shall be
forfeited to the City in the event the Bidder fails or refused to fulfill the requirements and all
terms and conditions of the contract.
26. AWARD OF CONTRACT
A. Bids will be analyzed and the award will be based on the best value to the City. The
decision will be based on objective and other predetermined criteria as set forth in the
Invitation to Bid. Factors to be considered include, but are not limited to: cost,
conformance to the solicitation, supplier's qualifications, past performance, customer
sen/ice and warranties.
B. The City reserves the right to perform a pre-award survey of the bidder to determine
capability to perform, including but not limited to, facilities, financial responsibility,
materials/supplies, and past performance. The determination of the City as to the
bidder's prospective ability to perform the contract shall be conclusive.
C. The City reserves the right to reject any item or items therein; to waive informalities,
technical defects and minor irregularities in bids received; and to select the bid(s)
deemed most advantageous to the City. The City will however consider bids submitted
on an "all or nothing" basis if the bid is cleariy designated as such.
D. The City resen/es the right to award one or more contracts on the bids submitted,
whether by award of all Items to one Bidder, or by award of separate items or groups of
items to various Bidders, as the interests of the City may require, unless the Bidder
cleariy specifies othenA/ise in his bid.
E. Upon acceptance by the City of Carisbad, the solicitation, bid, proposal, or price
quotation, and a purchase order issued to the successful Bidder within the time
specified, shall be deemed to result in a binding contract without further action required
by either party. Items are to be furnished as described in the bid and in strict conformity
with all instructions, conditions, specifications and drawings contained in the complete
contract.
27. DOCUMENTATION
Due to the time constraints that affect contract performance, all required documents,
certificates of insurance and bonds or deposits shall be provided to the City (Attention:
Purchasing Department) within ten (10) days following award, or date of request, by City,
whichever is later. Any failure to comply may result in bid being declared non-responsive
and rejected, and/or at City's option the bid bond will be attached for damages suffered.
28. PURCHASE ORDERS
All goods and sen/ices will be ordered by means of a Purchase Order. (THE CITY WILL
NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED WITHOUT A
PURCHASE ORDER.)
29. SELLER'S INVOICE
Invoices shall be prepared and submitted in duplicate to: Accounts Payable, City of
Carisbad, 1635 Faraday Avenue, Cartsbad, CA 92008-7314. Separate invoices are required
for each Purchase Order. Invoices shall contain the following information: Purchase Order
number, item number, description of supplies or services, sizes, units of measure,
quantities, unit prices and extended totals.
30. INSPECTION AND ACCEPTANCE
Inspection and final acceptance will be at destination unless specified othenA/lse, and will be
made by the City department shown In the "Ship To:" address or other duly authorized
Zi,
representative of the City. Until delivery and final acceptance, and after any rejection, risk of
loss will be on the Bidder, unless loss results from the sole negligence ofthe City.
31. LOST AND DAMAGED SHIPMENTS
Risk of loss or damage to items prior to the time of their receipt and final acceptance by the
City is upon the Bidder. The City has no obligation to accept damaged shipments and
reserves the right to return, at the Bidder's expense, damaged merchandise even if the
damage was not apparent or discovered until after receipt of the items,
32. LATE SHIPMENTS
Bidder is responsible to notify the City department receiving the items and the Purchasing
Officer, of any late or delayed shipments. The City reserves the right to cancel all or any part
of an order if the shipment Is not made as promised.
33. COMPLIANCE WITH INDUSTRIAL SAFETY CODES
All equipment, instruction manuals, spare parts and other items furnished shall, where
applicable, conform with the Safety Orders of the Califomia Division of Industrial Safety.
Material Safety Data Sheets (MSDS) shall be supplied, for each applicable item, with the
initial order. All containers shall be labeled per OSHA specifications.
34. WAIVER
The failure of the City to enforce a particular condition or provision of any contract awarded
hereunder shall not constitute a waiver of that provision or condition or its enforceability bv
the City.
35. CONSEQUENCES OF VIOLATIONS OF LAW REGARDING ANTI-COMPETITIVE
BUSINESS PRACTICES OR UNFAIR TRADE PRACTICES
Any acts or omissions of Bidder in violation of federal, state or municipal law, or City policies
and regulations regarding anti-competitive practices, unfair trade practices, collusion,
contingent fees, gratuities, kickbacks, contemporaneous employment or similar violations
creating an unfair influence on the public bidding and award process, pertaining to this
contract or proposal, may void this contract. In addition to all other remedies or damages
allowed by law, Bidder shall be liable to City for all damages City thereby suffers or incurs,
Including costs for substitute performance, and may also be subject to debarment.
36. CONFLICT OF INTEREST
No employee, or member of the employee's immediate family, or elected or appointed
member of City government, may participate directly or indirectly in the procurement process
pertaining to this bid, if they:
A. Have a financial interest, or other personal interest, which Is incompatible with the
proper discharge of their official duties in the public interest, or would tend to impair
their independence, judgment or action In the performance of their official duties.
B. Are negotiating for, or have an arrangement concerning, prospective employment with
Bidder.
The Bidder warrants to the best of his knowledge that the submission of the bid will not
create such conflict of interest. In the event such a conflict occurs, the Bidder is to report it
immediately to the Purchasing Officer. For breach or violation of this warranty, the City shall
have the right to annul this contract, at its discretion, without liability. Bidder may also be
subject to damages and/or debarment or suspension.
37. CITY PROVISIONS TO PREVAIL
Except as specified in the specifications, the City's standard General Provisions shall govern
any contract award. Any standard terms and conditions of Bidder, submitted by Bidder, shall
not be acceptable to City unless expressly assented to by City by separate documents. The
City reserves the right to reject Bidder's bid as non-responsive, to consider the bid without
Bidder's standard terms and condittons, or to require Bidder to delete reference to such, as
a condition of evaluation or award of the bid. If, after award of contract, Bidder (contract
vendor) shall provide materials, or services, accompanied by new or addittonal standard
terms or conditions, they too shall be considered void, and City may require deletton thereof
as a further condition of performance by vendor. To the extent not othenA/ise provided for by
the contract documents, the California Commercial Code shall apply.
38. AMENDMENTS AND MODIFICATIONS
The Purchasing Officer may at any time, by a written order, and without notice to the
sureties, make a modification to the contract or an amendment to the Purchase Order,
within the general scope of this contract, in (1) drawings, designs, or specifications, where
the supplies to be furnished are to be specially manufactured for the City in accordance
therewith; (2) method of shipment or packing; and (3) place of delivery. If any such change
causes an increase or decrease in the cost of, or the time required for, performance of this
contract, whether changed or not changed by any such order, an equitable adjustment shall
be made by written modificatton of the contract or amendment to the Purchase Order. Any
claim by the Bidder for adjustment under this clause must be asserted within 30 days from
the date of receipt by the Bidder of the notiflcatton; provided that, if Purchasing Ofllcer
decides that the facts justify such action, the Purchasing Officer may receive and act upon
any such claim, if asserted prior to final payment under this contract. Failure to agree to any
adjustment shall be a dispute, concerning a question of fact, within the meaning of the
clause of these provisions entitled "Disputes". However, nothing in this clause shall excuse
the Bidder from proceeding with the contract as changed.
39. DISPUTES
Except as othenA/ise provided In this contract, any dispute concerning a questton of fact
arising under this contract, which is not disposed of by agreement, shall be decided by the
Purchasing Officer, who shall reduce this decision to writtng or mall or othenA/lse furnish a
copy thereof to the Bidder. The decision of the Purchasing Officer shall be final and
conclusive unless, within 30 days from the date of receipt of such copy, the Bidder mails or
OthenA/ise furnishes to the Purchasing Officer a written appeal addressed to the City
Manager. The decision of the City Manager, or his duly authorized representative for the
determination of such appeals, shall be final and conclusive. In connection with any appeal
proceeding under this clause, the Bidder shall be afforded an opportunity to be heard and to
offer evidence In support of the Bidder's appeal. Pending final decision of a dispute
hereunder, the Bidder shall proceed diligently with the performance of the contract, and in
accordance with the Purchasing Officer's decision.
40. TERMINATION FOR DEFAULT
A. The City of Carisbad, California, hereafter referred to as the City may by written notice
of default to the Bidder (subject to the provisions of paragraph (C) below) terminate the
whole or any part of this contract, in any one of the two following circumstances:
1. If the Bidder fails to make delivery of the supplies or to perform the services,
within the time specified herein, or any extension thereof; or
2. If the Bidder falls to perform any of the other provisions of this contract, or so
fails to make progress to endanger performance of this contract in accordance
with its terms, and In either of these two circumstances does not cure such
failure within a period of ten (10) days after receipt of notice from the
Purchasing Officer specifying such failure.
B. In the event the City terminates this contract, in whole or in part, as provided in
paragraph (A) of this clause, the City may procure, upon such terms and in such
manner as the Purchasing Officer may deem appropriate, supplies or services similar
to those so terminated, and the Bidder shall be liable to the City for any excess costs
for such similar supplies or services; provided, that the Bidder shall continue the
performance of this contract to the extent not terminated under the provisions of this
clause.
C. The Bidder shall not be liable for any excess costs, if the failure to perform the contract
arises out of causes beyond the control and without the fault or negligence of the
Bidder. Such causes may Include, but are not restricted to, acts of God or of the public
enemy, acts of the City in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe
weather; but in every case the failure to perform must be beyond the control and
without the fault or negligence of the Bidder.
D. If, after notice of termination of this contract under the provisions of this clause, it Is
determined for any reason that the Bidder was not in default under the provisions of
this clause, or that the default was excusable under the provisions of this clause, the
rights and obligattons of the Bidder shall be the same as if notice of terminafion for
convenience had been Issued pursuant to such clause.
41. TERMINATION FOR CONVENIENCE
The Purchasing Officer, by written notice, may terminate this contract. In whole or in part,
when it is in the best interest of the City. If this contract is for supplies and is so terminated,
the Bidder shall be compensated In accordance with his auditable costs to point of
Notificafion of Termination. To the extent that this contract is for sen/ices and is so
terminated, the City shall be liable only for payment in accordance with the payment
provisions of this contract, for the actual services rendered to the effective date of
terminafion.
42. LABOR PRACTICES
The Bidder shall comply with all Federal and State Laws, and City Ordinances where
applicable, relafing to fair labor practices and discriminafion in the employment of persons.
43. INSURANCE
Unless OthenA/ise provided, Bidder shall cause City to be named as an addifional insured on
liability and/or products liability insurance concerning Bidder's performance, products, or
equipment in amounts, scope and durafion as may be required by the Purchasing Officer.
Bidder shall provide evidence of Workers' Compensafion Insurance covering all employees.
44. LIABIUTY AND INDEMNiFiCATION
Bidder agrees to defend, indemnify, protect and hold City, and its agents, officers and
employees, harmless from and against any and all claims asserted, or liability established
for damages or injuries to any person or property, including injury to Bidder's employees,
agents or officers which arise from or are connected with, or are caused or claimed to be
caused by the acts or omissions of Bidder, and its agents, officers or employees, in
performing the work or services or supplying the materials or equipment herein, and ali
expenses of invesfigating and defending against same; provided, however, that Bidder's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or
employees. This shall not prejudice the right of the City to appear in such suit, participate in
the defense, and take such actions as may be necessary to protect the interests ofthe City.
45. EQUAL OPPORTUNITY POLICY
The City of Carlsbad will not discriminate with regard to race, religious creed, color, nafional
origin, ancestry, disability, marital status, veteran's status, sex, or sexual orientation or age
in the award of contracts.
46. ANNUAL APPROPRIATION OF FUNDS
Multi-year term supply and service contracts and leases are subject to annual appropriation
of funds by the City Council. Payments made under term contracts and leases are
considered items of current expense. Purchase Orders are funded when Issued, therefore
are current expense items and are not subject to any subsequent appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments, or
anticipated term contract payments, required to be paid in the next occurring lease or
contract term, and if no funds are legally available from other sources, the lease or contract
may be terminated at the end of the original term or renewal term and the City shall not be
obligated to make further payments beyond the then current original or renewal term. The
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City will provide nottce of its inability to continue the lease or contract at such time as the
Purchasing Officer is aware of the non-appropriation of funds. However, failure to notify
does not renew the term of the lease or contract. If a lease is canceled, the events of default
will occur as described in the lease and/or Item 40 of these General Provisions. The City has
no monetary obligatton in event of termination or reduction of a term contract, since such
contracts represent estimated quantities and are not funded as a contract except to the
extent of the Purchase Orders already issued.
47. TEN PERCENT (10%) RETENTION
The City resen/es the nght to withhold a ten percent (10%) retention on ali Purchase orders
unfil the supplies, sen/ices or equipment have been accepted.
48. QUANTITIES
Esfimated quantifies are given as a basis for comparison of bids. The City does not,
expressly or by implications, agree that the actual quantities will be purchased.
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