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HomeMy WebLinkAbout2012-09-25; City Council; 21011; Approval Testing Inspection Project 3837ACITY OF CARLSBAD - AGENDA BILL AB# 21,011 APPROVAL OF AGREEMENT FOR MATERIAL TESTING AND INSPECTION SERVICES FOR ALGA NORTE COMMUNITY PARK PHASE 1, PROJECT NO. 3837A DEPT. DIRECTOR Qoi^ MTG. 9/25/12 APPROVAL OF AGREEMENT FOR MATERIAL TESTING AND INSPECTION SERVICES FOR ALGA NORTE COMMUNITY PARK PHASE 1, PROJECT NO. 3837A CITY ATTORNEY DEPT. PEM APPROVAL OF AGREEMENT FOR MATERIAL TESTING AND INSPECTION SERVICES FOR ALGA NORTE COMMUNITY PARK PHASE 1, PROJECT NO. 3837A CITY MANAGER (//"^ RECOMMENDED ACTION: Adopt Resolution No. 2012-226 approving a Material Testing and Inspection Services Agreement with Construction Testing and Engineering, Inc. for the Alga Norte Community Park Phase I, Project No. 3837A. ITEM EXPLANATION: On July 6, 2012 staff issued a Request for Qualifications and Pricing (RFQ&P) for materials testing and inspection services for the proposed Alga Norte Community Park (ANCP) Phase I project. Four firms were invited to provide qualifications and pricing for the materials testing and inspection services. Qualification and pricing proposals were submitted on July 25, 2012. The selection review team, following best value selection criteria published in the RFQ&P and pursuant to City Code, evaluated against the following best value criteria: > Qualification of the firm > Project team organization > Qualifications of key staff > Rate information Following this selection criteria, the team judged the firm of Construction Testing and Engineering, Inc. to have the proposal that provides the best value meeting the interests of the City and the objectives of the project. The proposal process included a single step process consisting of a qualification and pricing submittal. The table below summarizes the scoring for each firm proposal in ranked order from highest to lowest scores. Proposal Scoring Firm Name Qualifications Score (Max. 50) Price Score (Max. 50) Combined Score (Max. 100) Construction Testing and Engineering 47 45.9 92.9 Southern California Soil and Testing 39 50.0 89.0 United Testing and Inspection 45 29.3 74.3 Ninyo & Moore 44 24.6 68.6 DEPARTMENT CONTACT: Patrick MoGarry 760-434-2949 Patrick.mcgarrv@.Garlsbadca.qov FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • Page 2 ENVIRONMENTAL IMPACT: On March 1, 2006, the Planning Commission adopted Resolution No. 6039 adopting a Negative Declaration (ND) and approved Resolution No. 6040 for Conditional Use Permit No. CUP 04-08 for the ANCP Project. Furthermore, pursuant to Public Resources Code Section 21065, the award of the Material Testing and Inspection work does not constitute a "project" within the meaning of the California Environmental Quality Act (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. FISCAL IMPACT: Council previously appropriated General Capital Construction Funds and Public Facilities Fee Funds for the ANCP Project. There are sufficient remaining appropriations to complete the ANCP Project at this time. No further appropriation is necessary. The Agreement price is $245,824. Project related costs for the ANCP Project are estimated in Table 1 below. TABLE 1 - ALGA NORTE COMMUNITY PARK PROJECT NOS. 3837 AND 3925 ESTIMATED PROJECT CONSTRUCTION COSTS - PHASE I DESCRIPTION ESTIMATED COSTS Construction Contract Amount $26,008,343 Construction Contingencies (3%) $791,657 Construction Management and Inspection $1,484,000 Staff Expense $300,000 Furniture, Fixtures and Equipment $500,000 TOTAL $29,084,000 TABLE 2 - ALGA NORTE COMMUNITY PARK PHASE I - PROJECT NO. 3837 & 3925 STATUS OF ADOPTED APPROPRIATIONS The current status of the ANCP Project - Phase I Appropriations is shown in Table 2 below. TASK DESCRIPTION APPROPRIATED TO DATE EXPENDITURES/ ENCUMBRANCES TO DATE REMAINING BALANCES Design $4,711,380 $2,085,575 $2,625,805 Construction, Inspection, Materials Testing $35,203,620 $29,945,436 $5,258,184 Environmental Mitigation & Monitoring $22,500 $16,556 $5,944 Studies and Reports $62,500 $58,132 $4,368 TOTAL $40,000,000 $32,105,699 $7,894,301 Page 3 EXHIBITS: 1. Location Map 2. Resolution No. 2012-226 approving a Material Testing and Inspection Services Agreement with Construction Testing and Engineering, Inc. for the Alga Norte Community Park Phase I, Project No. 3837A. 3. Agreement for Materials Testing and Inspection Services with Construction Testing and Engineering, Inc. 3 LOCATION MAP NOT ro SCALE PROJECT NAME ALGA NORTE COMMUNITY PARK PROJECT NUMBER 3837 EXHIBIT 1 ORm BY: SCOJTEVm. Cm^AD ENmtmm 0€pr, 9/7/m H:\CAmAL IklPFQVEMmT «?0«?AW\OR937 M.GA NORTE pm\Pim * Em8iis\m7.om 23 24 25 26 27 28 RESOLUTION NO. 2012-226 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH CONSTRUCTION TESTING AND ENGINEERING, INC. 4 FOR MATERIAL TESTING AND INSPECTION SERVICES OF ALGA NORTE COMMUNITY PARK PHASE I, PROJECT NO. 5 3837A. WHEREAS, on April 24, 2012, the City Council of the City of Carlsbad, California, 6 7 g authorized the award of the Design Build Contract to TB Penick and Sons for the design 9 and construction of Alga Norte Community Park Phase I, Project No. 3837A, ("Park 10 Project"); and, 11 WHEREAS, on July 6, 2012, City staff issued a Request for Qualifications and Pricing (RFQ&P) for material testing and inspection services for the proposed Park Project; and, WHEREAS, on July 25, 2012, four firms submitted qualification and pricing proposals in response to the RFQ&P; and, WHEREAS, after review of the four RFQ&P submittals, a selection team 12 13 14 15 16 17 comprised of City staff and consultants, selected one firm, deemed to provide the best 19 value to the City and, 20 WHEREAS, an Agreement for Materials Testing and Inspection Services with 21 Construction Testing and Engineering Inc. has been prepared in the amount of 22 $245,824; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 5 1 2 3 4 5 6 7 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 28 That the Agreement for Material Testing and Inspection Services with Construction Testing and Engineering Inc. for the Park Project in the amount of $245,824 is hereby approved. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an Agreement with Construction Testing and Engineering Inc. for and on behalf of the City of Carlsbad. (p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25*^ day of September 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: NE M. WOOD, City Clerk (SEAL) PEM892 AGREEMENT FOR MATERIAL AND TESTING SERVICES (CONSTRUCTION TESTING AND ENGINEERING, INC.) J THIS AGREEMENT is made and entered into as of the (vJ?o5 day of \/Jj(> /o77^ ^ jf^^ 2012, by and between the CITY OF CARLSBAD, a municipal iofporatlbn. ("City"), and CONSTRUCTION TESTING AND ENGINEERING, INC., a California c corporation, ("Contractor") RECITALS A. City requires the sen/ices of a materials testing and inspection firm that is experienced in providing material testing and inspection services. B. Contractor has the necessary experience in providing services and advice related to this scope of work. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perfomi 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 tenns and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southem California Area, and will use reasonable diligence and best judgment while exercising its skill and expertise. 3. TERM The temi of this Agreement will be effective for a period of fifteen (15) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. 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 Semces to be performed during the Agreement temi, or any subsequent Agreement extension, shall not exceed two hundred forty five thousand eight hundred twenty four dollars ($245,824). Payment shall be made to the contractor at a fixed cost rate for material laboratory tests and on an hourly rate for the geotechnical, inspection, project management submittal review and report preparation sen/ices as indicated in Exhibit "A". No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City resen/es the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments shall be made monthly or as may be outlined in attached Exhibit "A". City Attorney Approved Version 2/17/12 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 sen/ices 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 Sen/ices 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 Sen/ices. 9. INDEMNIFICATION Contractor agrees to indemnity and hold hamiless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attomey's fees arising out of the perfonmance 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 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 sen/ices by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance cannier admitted and authorized to do business in the State of California. The insurance earner is required to have a current Best's Key Rating of not less than "A-iVII". OR City Attorney Approved Version 2/17/12 1 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 "AiX". 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. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurence 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 occun^ence 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 Emolover's Liabilitv. Workers' Compensation limits as required by the Califomia Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability cit/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 occun^ence 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 mall 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 City Attorney Approved Version 2/17/12 10 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 incun*ed 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 wori<, 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 temiinated, all wori^ 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 sen/ices 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 David Hauser Name Thomas Gaeto Title Director, Property & Env. Mgmt. Title President Department P.E.M. Address 1441 Montiel Road. Suite 115 City of Carisbad Escondido. CA 92026 Address 1635 Faraday Phone No. 760-746-4955 Carisbad. CA 92008 Email tom@cte-inc.net Phone No. 760-602-2739 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. city Attorney Approved Version 2/17/12 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 all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which In any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times obsen/e 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, veritying 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 Sen/ices the following procedure will be used to resolve any questions of fact or interpretation not othenvise 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 fonvarded 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 fonyarded 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 of the percentage of wori< that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will detemnine 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 pertomied to the termination date; however, the total will not exceed the lump sum fee City Attorney Approved Version 2/17/12 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 woridng for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this wanranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenvise 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 seo.. 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 debamrient 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 Califomia, 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 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 refen-ed 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 temis 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. City Attomey Approved Version 2/17/12 13 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CONSTRUCTION TESTING & ENGINEERING, INC.. a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of Califomia \ (sigiihere) Thomas Gaeto, President (print name/titte) ATTEST: By: (sign here) Rodney Ballard, Secretary INE M. WOOD (print name/title) If required by City, proper notarial acknowledgment of execution by contradtp/^m^^lf-^^^ attached. If a corooration. Agreement must be signed by one corporate officer from elf(5hi©"f^t)ie following two groups. Group A Chairman. President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attomey BY: Assistant City Attomey Q city Attomey Approved Version 21WM 1^ STATE OF CALIFORNIA COUNTY OF SAN DIEGO } On September 17, 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 Public \J Committion # 1875791 1 Mottry PuWic • CtNfornia Stn Oitoo County g , M» Comm. fapim Hb 2.20141 Document Title: Agreement for Material and Testing Sen/ices EXHIBIT "A" SCOPE OF SERVICES A. GENERAL REQUIREMENTS The successful Consultant will provide the City with construction Inspection and testing services consistent with established local and state law and guidelines. Under this agreement, the selected Consultant will provide, but not be limited, to the following scope of services: • Review and understand project plans, specifications and construction schedule to provide inspection, testing and full-time and/or part-time observations to complete the project within schedule. • Meet and confer with contractors and engineers/architects to coordinate construction activities and inspection requirements to provide comprehensive construction inspection and testing services as required by law. • Provide equipment, vehicles, administrative and support staff to complete the inspection and testing services in accordance to the project schedule which is subject to change. Keep and submit concise daily logs, reports and testing results to contractor and/or City representative for record keeping on a monthly basis. Obtain City representative approval for any extra work not included in the contract documents. • Submit monthly billing statements with invoices showing the original contract amount, the up to date paid amount and the contract balance. B. SCOPE OF SERVICES In accordance with the contract documents and the Califomia Building Code (CBC), provide geotechnical. special inspection and materials testing services during the earthwork operations, construction of the proposed structures, installation of the underground utilities, and constmction of the pavement sections. Anticipated scope of services for this project to include, but not limited, to the following: • Pertonn field observation and in-place density testing during earthwork operations. • Perform geologic/engineering field sen/ices to evaluate the suitability of foundation excavations, temp cuts, cut slopes, and removal bottoms. • Perfonn field obsen/ation and in-place density testing during utility trench backfill and preparation of the pavement sections. • Laboratory testing of the materials used for fill, backfill, and pavement construction. The tests performed are anticipated to include Proctor density/optimum moisture content with rock con-ections, expansion potential, and R-value testing. Tests in addition to these may be performed as appropriate. City Attorney Approved Version 2/17/12 Perform special inspection at the site of the reinforcing steel. Perform special inspection at the site during placement of the structural concrete. Sample the fresh material and measure its temperature, and slump, as well as cast one set of four concrete cylinders for every 150 cubic yards placed, or fraction thereof, during a day's placement. Perfomi continuous special inspection during Shotcrete construction for swimming pools and skate park. Inspections will include obsen/ation of reinforcing steel placement prior to concrete placement, monitoring concrete placement, and sampling of the fresh material and measure its temperature, and slump, as well as cast shotcrete panels for every 50 cubic yards placed, or fraction thereof, during a day's placement. Obtain cores of fabricated shotcrete panels for compression testing. Perform special inspection of structural masonry construction. Fabricate mortar, grout and prism specimens for laboratory testing at inten/als specified by the CBC. As applicable, perfonn special inspection of structural steel erection by certified Inspector of field welding and high strength bolt installation. Inspections will be made to confinn proper procedures and techniques (i.e. electrodes, pre-heat. fit-up. weld sizes and quality, proper installation and torque of high-strength bolts). Shop fabrication will not need special inspection services. Perfomi inspection of anchor bolt and all-thread rod installations with epoxy by a certified special inspector. Pull testing on installations will be perfomried when required by applicable ER report (ICBO report). Laboratory testing for strength testing of concrete, shotcrete, mortar, grout and prism samples. Provide as needed, project management and consultation including review of material submittals, response to RFI's, and preparation of letter reports summarizing observations and testing. Other general information: Geotechnical. special inspection and materials testing will be performed in accordance with the CSC. American Society for Testing and Materials (ASTM) Standards, and applicable building standards. Grading operations will be perfonned In accordance with the recommendations contained in the geotechnical evaluation report, civil and architectural technical plans, and City standards. Mass grading will perfonned over a three-month period with full time geotechnical observation and testing services. Fine grading, utility trench backfill, retaining wall backfill, subgrade preparation and constmction of the asphalt pavement sections. Geotechnical observation and testing sen/ices are anticipated to be on a half-time basis. Shotcrete operations which will include inspection of reinforcing steel placement, concrete placement by nozzle men, and fabrication of test specimen panels will be perfonned as continuous inspection as specified by CSC Standards. Masonry inspection will be performed on a continuous basis. Concrete flatwork constmction will be inspected on a periodic basis. C. PROJECT TESTING AND INSPECTION REQUIREMENTS All testing and inspection will be in accordance with applicable codes and City Attorney Approved Version 2/17/12 9 /7 standards, and requirements of the approved construction documents for the project. D. REGULATORY REQUIREMENTS The design and constmction of building projects are required to conform to all applicable Federal, State and Local regulations including, but not limited to. the California Code of Regulations and the Americans with Disabilities Act. FEE SCHEDULE A. Materials Laboratory Testing Service Qty Unit Rate/Unit Total Shotcrete Panels 12 each $120 $1,440 Sodium Sulfate Tests 4 each $60 $240 Base plate Grout Compression Testing 32 each $18 $576 Concrete Compression Tests 350 each $18 $6,300 Masonry Composite Prism Tests - 8"x 8"x 16" 6 each $80 $480 Mortar Compression Tests 128 each $18 $2,304 Grout Compression Tests 87 each $18 $1,566 Sample & Tag Rebar 16 hrs $49 $784 Rebar Bend Test - # 11 Bar and Under 12 each $35 $420 Rebar Tensile Test -#11 Bar and Under 12 each $30 $360 Sample Pickup 22 each $0 $0 Lab Maximum Density Test 4 each $140 $560 Expansion Index 4 each @ $110 $440 Chloride and Sulphate Content, CT 417 & CT 422 6 each $60 $360 pH and Resistivity, CT 643 3 each $140 $420 "R" Value Testing 4 each $180 $720 Sieve Analysis 4 each $60 $240 $17,210 B. Geotechnical and Special Inspection Services Service Qty Unit Rate/Unit Total 10 City Attorney Approved Version 2/17/12 1^ Reinforced Concrete Inspection 300 hrs @ $49 $14,700 ACI Concrete Technician 400 hrs @ $48 $19,200 Concrete Batch Plant Inspection 400 hrs $48 $19,200 Reinforced Masonry Inspection 240 hrs @ $49 $11,760 Field Weld/Bolting Inspection: 400 hrs @ $49 $19,600 Epoxy Bolt/Dowel Inspection: 64 hrs @ $79 $5,056 Nailing Inspection 40 hrs @ $52 $2,080 Registered Special Inspector - Field Welding 100 hrs @ $49 $4,900 Registered Special Inspector - Shop Welding 80 hrs @ $49 $3,920 Non-Destructive Testing Inspector - Field 32 hrs @ $65 $2,080 Non-Destructive Testing Inspector - Shop 32 hrs @ $65 $2,080 Registered Special Inspector - Welding Hand Rail 40 hrs @ $49 $1,960 Registered Special Inspector - Welding Stair Rail 24 hrs @ $49 $1,176 Shotcrete Inspection 40 hrs @ $49 $1,960 Site U.G. Piping Inspection 80 hrs @ $52 K160 Base plate Grout Inspection 24 hrs @ $49 $1,176 Soils Technician (Compaction Test - Fine Grading, Over-Ex) 400 hrs @ $52 $20,800 Soils Technician (Compaction Test - Trench / Wall Backfill) 960 hrs @ $52 $49,920 Soils Technician (Compaction Test - Pavement SG / Base) 40 hrs @ $52 $2,080 Soils Technician (Rip-Rap) 40 hrs @ $52 $2,080 Asphaltic Paving Inspection 40 hrs $52 $2,080 Drilled Footing Inspection - Engineer / Geologist 120 hrs @ $85 $10,200 $202,168 C. Project Management Submittal Review and Report Preparation Service Qty Unit Rate/Unit Total Additional Sen/ices 1 each $22,000 $22,000 11 City Attorney Approved Version 2/17/12 ("1 Letter of Affidavit 1 @ each @ $150 $150 Concrete Mix Design Review 4 each @ $190 $760 Compaction Reports 1 each @ $700 $700 Principal Engineer/Geologist 8 hrs @ $90 $720 Sr. Engineer/Geologist Sen/ices 20 hrs @ $85 $1,700 Technical Illustrator/CAD Operator 8 hrs @ $62 $416 $26,446 Total Estimated Fee $245,824 12 City Attorney Approved Version 2/17/12