The URL can be used to link to this page

Home My WebLink About1997-07-21 City Council (19)TO: City of Polo Alto C ty Manager’s Report HONORABLE CITY COUNCIL 3 FROM:CITY MANAGER DEPARTMENT: Public Works AGENDA DATE:JULY 21, 1997 CMR:334:97 SUBJECT:APPROVAL OF AGREEMENT WITH CONSOLIDATED ENGINEERING LABORATORIES FOR SOILS AND MATERIAL TESTING SERVICES REQUEST This is a request for approval of a consultant agreement with Consolidated Engineering Laboratories in the amount of $103,000 for special inspection, material testing and construction inspection. RECOMMENDATIONS. Staff recommends that Council: Approve and authorize the Mayor to e~ecute the attached consultant agreement (Attachment D) for inspection and material testing for a period of one year in an amount not to exceed $103,000, with the option for an additional year. Authorize the City Manager or her designee to exercise, at her discretion, the option for the second year of this agreement. POLICY IMPLICATIONS This report does not contain any changes to existing policy. EXECUTIVE SUMMARY Construction projects in the Capital Improvement Program, Public Works Department’s operating budget and Utilities Departments operating budget require inspection and testing of construction materials for quality assurance. The services provided by this agreement ensure standard quality control for capital improvement projects and comply with the provisions of the Municipal Code, City of Palo Alto’s Standard Specifications and the State of California Uniform Building Code. Examples of projects requiring these services include the Public Buildings and Structural Repair CIP, the Street Resurfacing CIP, Storm Drain Rehabilitation CIP and miscellaneous trench testing for the Utilities Department. CMR:334:97 Page 1 of 2 A complete list of projects is provided in Attachment A. The testing and ".inspection services would be applied to various construction materials including steel, welding, concrete, asbestos, soils and asphalt. Staff sent a request for quotation to six consulting firms on May 20, 1997. Consolidated Engineering Laboratories was one of six qualified firms that submitted proposals for this services agreement (Attachment B). All proposals were reviewed in accordance with the City’s procedures for consultant selection. The consultant proposals were evaluated on the completeness and composition of the proposal, the consultant experience in providing similar services, and the cost of the testing. The cost of testing was calculated by multiplying the amount and types of tests performed last year with the cost of the tests in the proposal¯ Consolidating Engineering Laboratories (CEL) rated the highest in all three categories (Attachment C). FISCAL IMPACT Funds for these services have been appropriated in the specific capital improvement projects and operating budget for FY 1997-98. Funding for the agreement for year two is subject ¯ to Council approval of the FY 1998-99 budget. ENVIRONMENTAL ASSESSMENT This agreement is not considered a project for purposes of the California Environmental Quality Act. Therefore, no environmental assessment is required. ATTACHMENTS A - FY 1997/98 Capital Improvement Projects and Utility Trench Test Encumbrance Amounts B - List of Testing Costs C - Consultant Selection Table D - Consultant Agreement PREPARED BY: Johll A. Carlson, Acting Assistant Director of Public Works DEPARTMENT HEAD REVIEW: ¯ ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:334:97 Page 2 of 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 kO 0 0 0 0 0 0 0 0 0 0 0 0 LO If~ ~ oo z Attachment C Soils and Materials Testing Contract, 1997 SELECTION TABLE Consolidated Kleinfelder Smith-Emery Signet Testing Eng. Terratech Proposal 1 1 1 1 6 5 City Experience 1 1 5 6 1 1 Cost 1 5 2 3 4 Totals 3 7 8 10 11 12 Lower Number means best in catagory. CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND QUALITY ASSURANCE ENGINEERING, INC. DBA CONSOLIDATED ENGINEERING LABORATORIES FOR CONSULTING SERVICES This Contract No.¯ is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and QUALITY ASSURANCE ENGINEERING, INC. DBA CONSOLIDATED ENGINEERING LABOP~ATORIES, a California corporation, located at 4464 Willow Road, Suite C, Pleasanton, CA 94588 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services ("Services") and the preparation and delivery of, without limitation, soils and materials testing services ("Deliverables") (Services and Deliverables are, collectively, the "Project"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION I. TERM I.I This Contract will commence on the date of its execution by CITY, and will terminate on July 26, 1998, unless this Contract is earlier terminated or extended by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work. Time is of the essence of this Contract. SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of materials and testing Services and Deliverables constituting the Project, as described in Exhibit "A", will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described below. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, the Deliverables, or the Project, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitledto full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in 970716 syn 0071246 1 accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.~ Where the Project entails the drafting and submission of Deliverables, for ’example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, Will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF ~ONSOLTANT 3.1 CONSULTANT represents andwarrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (including CONSULTANTs), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign BRUCE MISHLER, Vice President, as the .project director to have supervisory responsibility for the performance, progress, and execution of the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director for any reason, the appointment of a substitute project director will be subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or 2 970716 syn 0071246 employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times Qbserve and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverables. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with one (i) copy of any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary -’to execute the Project. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any empl~yee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3970716 6yn 0071246 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible fox employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must. remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services, if any, listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT.- CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. JOHN A. CARLSON is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 5.COMPENSATION 5.1 CITY will compensate CONSULTANT for the following soils and materials testing services and work as described in Exhibits "A" and--"B". To the extent the fees for the specified services are not listed in Exhibit "A", the hourly fees specified in Exhibit "B" shall apply. 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed one hundred and three thousand dollars ($103,000). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum 4 970716 ayn 0071246 amount set forth in this Section. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 In consideration of the full performance of Additional Services, the amount ,of compensation set forth in Exhibit "B" will not exceed $ -0- . The rate schedules may be updated by CONSULTANT only once each calendar year, and the rate schedules will not become effective for purposes of this contract, unless and until CONSULTANT gives CITY thirty (30) days prior written notice of the effective date of any revised rate schedule. 5.1.3 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights° 5.1.4 Direct personnel expense of employees assigned to the execution of the Project by.CONSULTANT will include only thework of architects, engineers, designers, job captains, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly.progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed~upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has submitted all Deliverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 5970716 syn 0071246 5.2.3 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general CONSULTANTs. SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with ~he performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with’ generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times’during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of-this Contract will become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability ~of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8.WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent, breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 970716 syn 0071246 8.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 9.INSURANCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guid~ ratings of A:X or higher which are admitted to transact insurance business in the State of California. Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during .the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 9.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired." SECTION I0.WORKERS’ COMPENSATION i0.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that 970716 syn 0071246 it will comply with such provisions, as applicable, before commencing the performance of the Project. SECTION II TERMINATION OR SUSPENSION OF CONTRACT PROJECT ii.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more ~han 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s city Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, C0NSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment 970716 8yn 0071246 8 specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such m~terials will become the property’of CITY. 11.6 The failure of CITY to agree with CONSUlTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in ~or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13. NOTICES 13.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Pal0 Alto Post Office Box 10250 Palo Alto, CA 94303 To CONSULTANT: Attention of the project director at the address.of CONSULTANT recited above SECTION 14.CONFLI.CT OF INTEREST 14.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract is an officer or employee of CITY; this 970716 ayn 0071246 9 provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; that [Name of Provider] will pursue an affirmative course of action as required bythe Affirmative Action Guidelines of the City of Palo Alto; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, d±sability, sexual preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. 15.4 If CONSULTANT is found in default of -the nondiscrimination provisions of this Contract or the applicable Affirmative Action Guidelines pertaining to this Contract, CONSULTANT will be found in material breach of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of two hundred fifty dollars ($250) for each calendar day during which CONSULTANT is not in compliance with this provision as damages for breach of contract, or both. 970716 syn 0071246 10 SECTION 16,MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs~and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 _If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments.thereto will remain in full force and effect. 16.10 All exhibits’referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto 970716 syn 0071246 11 are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 16.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty. (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: City Manager Director of Public Works QUALITY ASSURANCE ENGINEERING, INC. DBA CONSOLIDATED ENGINEERING LABORATORIES Acting Director of Administrative Services Risk Manager Attachments:EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : SOILS AND MATERIALS TESTING SERVICES AND RATES FEE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 970716 ayn 0071246 12 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) On ~t~[t~ I~ , 1997, before me, the undersigned, a Notary Public in and f-brsaid Cohnty and State, personally appeared ~)6x5 ~ ’~ ~ h ~ ~.v"~, personally known to me or proved to me on. the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 970716 synO071246 13 EXHIBIT "A" PART I - CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION . REQUEST FOR QUOTATION [RFQ) signature are followed via mail. You may fax Quotations to: PURCHASING & CONTRACT ADMINISTRATION, at (415) 329-2468 In response to the RFQ for Soils and Materials Testing, the undersigned proposes to provide the soils and materials testing servic, es, including Concrete Cylinder Storage, as specified herein, to the City of Palo Alto, at prices stated in the following proposal form: DESCRIPTION:SOILS AND MATERIALS TESTING SERVICE SCHEDULE A - July 1, 1997 through June 30, 1998 ITEM DESCRIPTION SIEVE ANALYSIS; COURSE AND FINE, PER PRICE/TEST $ 38.00~ PRICE/HR $ (CALIF TEST 202) 2 SIEVE ANALYSIS; COURSE, PER (CALIF TEST 202) PRICE/TEST $____~5. oo PRICE/HR $ N/’~~ 3 SIEVE ANALYSIS; FINE, PER (CALIF TEST 202) PRICE/TEST $ 3o.oo PRICE/HR $ 4 SAND EQUIVALENCE ANALYSIS, PER.(CALIF TEST 217) PRICE/TEST $ 3o.oo PRICE/HR $ 5 MODIFIED PROCTOR TESTS PER (ASTM D1557-A) PRICE/TEST $].25.00 PRICE/HR $ 6 IN PLACE NUCLEAR DENSITY TEST PER (CALIF TEST 231) PRICE/HR $ 39.00 7 MOISTURE DENSITY DETERMINATIONSPER (CALIF TEST 216,PART 2,5 LAYERS) PRICE/TEST $. 7o.oo PRICE/HR $ ~/~ City of Palo Alto - RFQ # 981 35 Page 2 PART I ° CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION -REQUEST FOR QUOTATION (RFQ) 8 HVEEM’S RESISTANCE "R" VALUES PER (ASTM D2844, CALIF TEST 301) PRICE/TEST $130.0o PRICE/HR 9 10 ATTERBERG LIMIT TEST PER (ASTM D423 PRICE/TEST $_3o.oo PRICE/HR $_N/A CONCRETE MIX DESIGN REVIEW PRICE/TEST $ 50.00 PRICE/HR D424) 11 CONCRETE CYLINDERCOMPRESSIONTEST OF 6"X 12"CYLINDERS PER (ASTM-C390) PRICE/TEST $_ 12 .00 PRICE/HR $_~/~ 12 CONCRETE CYLENDERS STORAGE PRICE/TEST $_ [2.00 PRICE/HR $, ~/& 13 REINFORCINGSTEEL TENSILE AND BEND TEST (NO. 2. BARS) PRICE/TEST $ 35.00 PRICE/HR $, ~/~ THROUGH NO. 8 14 REINFORCING STEEL TENSILE ANDBEND TEST (BARS SIZEDNO.10 AND ABOVE) PRICE/TEST $. 38;oo PRICE/HR $_ N/A 15 STEEL FABRICATION INSPECTION AND WELD INSPECTION PER AISC AND AWS STANDARDS PRICE/HR $. 41.00 16 HVEEM COMPACTED DENSITY OF BITUMINOUS SAMPLE PER (CALIF TEST 308) PRICE/TEST $ 20.o0 PRICE/HR ~ ~/~ City of Palo Alto - RFQ # 981 35 Page 3 PART I 17 18 19 2O -CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION -REQUEST FOR QUOTATION (RFQ| STABILITY OF COMPACTED BITUMINOUS MIXTURE PER (CALIF TEST 366) PRICE/TEST $__25.oo PRICE/HR $. BITUMEN CONTENT PER (ASTM 2172 OR CALIF TEST 310) PRICE/TEST $ 85.00 PRICE/HR $_ BITUMEN CONTENT PER (CALIF TEST 382) PRICE/TEST $ 65.oo PRICE/HR $ t~/,~ GRADATION OF EXTRACTED SAMPLE FROM BUTIMOUS MIXTURE PER (CALIF TEST 202) PRICE/TEST $ 65.oo PRICE/HR $ DESCRIPTION: SOILS AND MATERIALS TESTING SERVICE SCHEDULE B - July 1, 1998 through June 30, 1999 ITEM DESCRIPTION PRICE/TEST 2 SIEVE ANALYSIS; COURSE AND FINE, PER PRICE/TEST $_ 40.00 PRICE/HR $_ (CALIF TEST 202) SIEVE ANALYSIS; COURSE, PER (CALIF TEST 202) PRICE/TEST $ 6.00 PRICE/HR $ ~/’~ 3 SIEVE ANALYSIS; FINE, PER (CALIF TEST 202) PRICE/TEST .$ 32.00 PRICE/HR $_ ~/~. 4 SAND EQUIVALENCE ANALYSIS, PER (CALIF TEST 217) PRICE/TEST $_ 32,00 PRICE/HR $ City of Palo Alto - RFQ # 98135 Page PART I 5 CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION - REQUEST FOR QUOTATION (RFQ| PRICE/HR $~ MODIFIED PROCTOR TESTS PER (ASTM D1 557-A) PRICE/TEST $132.oo PRICE/HR $. N/A IN PLACE NUCLEAR DENSITY TEST PER (CALIF TEST 231) PRICE/HR $ 41.0o~ 7.MOISTURE DENSITYDETERMINATIONS PER(CALIF TEST 216,PART 2,5 LAYERS) PRICE/TEST $ 75.00 PRICE/HR $ 8 HVEEM’S RESISTANCE "R" VALUES PER (ASTM D2844, CALIF TEST 301) PRICE/TEST $137.0o PRICE/HR $ N/A 9 ATTERBERG LIMIT TEST PER (ASTM D423 PRICE/TEST $ 32.00 PRiCE/HR $ N/A D424) 10 CONCRETE MIX DESIGN REVIEW PRICE/TEST $ 55.oo PRICE/HR $ N~ 11 CONCRETE CYLINDER COMPRESSION TEST OF 6"X 12"CYLINDERS PER (ASTM-C390) PRICE/TEST $ [3.oo PRICE/HR $ ~/& 12 CONCRETE CYLENDERS STORAGE PRICE/TEST $ 1__~3.oo_~_____ PRICE/HR $ N/A 13 REINFORCING BARS) PRICE/TEST $ PRICE/HR $ STEEL TENSILE AND BEND TEST (NO. 2. 37.00 N/A THROUGH NO. 8 14 REINFORCING STEEL TENSILE AND BEND TEST (BARS SIZED NO. 10 AND ABOVE) City of Palo AIto -RFQ # 98135 Page PART I -CITY OF PALOALTO PURCHASING AND CONTRACT ADMINISTRATION-REQUEST FOR QUOTATION (RFQ| PRICE/TEST $ 4o.oo PRICE/HR $ N/A 15 16 STEEL FABRICATION INSPECTION AND WELD INSPECTION PER AISC AND AWS STANDARDS PRICE/HR $ 42.00 ’ HVEEM COMPACTED DENSITY OF BITUMINOUS SAMPLE PER (C,ALIF TEST 308) PRICE/TEST $ 24.00 PRICE/HR $ N/A 17 STABILITY OF COMPACTED BITUMINOUS MIXTURE PER (CALIF TEST 366) PRICE/TEST PRICE/HR $ ~/~ 18 BITUMEN CONTENT PER (ASTM 21 72 OR CALIF TEST 310) PRICE/TEST $_89.0o PRICE/HR $ a/A 19 2O BITUMEN CONTENT PER (CALIF TEST 382) PRICE/TEST $ 70.oo PRICE/HR $ ~/~ GRADATION OF EXTRACTED SAMPLE FROM BUTIMOUS MIXTURE PER (CALIF TEST 202) PRICE/TEST $ 70.oo PRICE/HR $ ~/~ TERMS OF PAYMENT SHALL BE NET 30 DAYS. LEADTIME: Quote your standard leadtime for test completion on an after-receipt of sample/specimen basis. DELIVERY: All materials services are to be provided F.O.B. Palo Alto in accordance with the terms and conditions herein. QUANTITIES: The services specified herein are required from time to time and an estimate of activity for future periods is not available. Activity during the past 10 months has averaged $ 1.500.00 per month. The City of Palo Alto makes~ no guarantee as to the number of tests (or the expenditure amount) which shall be authorized during the term of. any resultant order or contract. Test requirements may City of Palo Alto - RFQ # 98135 Page 6 PART I -CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION -REQUEST FOR QUOTATION |RFQ) be subject to change. All changes shall be implemented by a change order. TERMS AND CONDITIONS: CONDITIONS: All quotations must be submitted on the above form. The City reserves the right to reject any or all quotations, to waive any informalities contained therein, and to select quotations on an item by item basis. No quotation may be withdrawn for a period of 60 days. ’, INTEREST OF SELLER: At all times Vendor shall be deemed to be an independent contractor and Vendor is not authorized to bind the City to any contracts or obligations. By accepting a purchase order (PO), issued from the results of this RFQ, Vendor certifies that no one who has or will have any financial interest under this agreement, is an officer or employee of City. GOVERNING LAW: This document and ensuing Contract and all rights and obligations hereunder shall in all respects be governed by and construed in accordance with the laws of the state of California. NON-DISCRIMINATION & AFFIRMATIVE ACTION: Vendor will be required to comply with all procedures set forth in the Palo Alto Municipal Code and laws of the State of California regarding non- discrimination and affirmative action in employment and will be subject to all penalties provided for therein in the event of violation. The enclosed Certificate of Non-Discriminationand Affirmative Action information forms shall be completed by vendor for product or equipment priced over $5,000 (total). HOLD HARMLESS: Vendor agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents from any and all demands, claims or liability of any nature, caused by or arising from the performance of ensuing Agreement. The C;ity, at its option, may require the Vendor to furnish evidence of insurance covering the liabilities provided above, but under no circumstance is the Vendor released of such liabilities or duty to indemnify. INSURANCE: The Vendor shall maintain such insurance as will cover and include the entire obligation assumed in any agreement issued as well as such insurance as will protect vendor from claims and liability under Worker’s Compensation Acts, personal liability, property damage, and all other claims for damages, including personal injury, and death, which may arise from operations under the issued agreement. STANDARD OF PERFORMANCE: The selected vendor shall be required to unconditionally warrant that it shall use sound and professional principles and pr.actices in accordance with the highest degree of skill and care as those observed by national firms of established good reputation as well as the current normally accepted industry standards, in the performance of services required herein. The performance of the vendor’s personnel shall also reflect their best professional knowledge, skill and judgement. If any failure to meet the-foregoing warranty appears during the term of the agreement the City may terminate the agreement and require reimbursement of all expenses necessary to replace or restore such services. SAFETY: Where federal, state or municipal safety regulations of standards have been established, the Vendor certifies that all products of equipment furnished, and/or installations provided as a result of this RFP shall comply with such requirements. City of Palo Alto - RFQ # 98135 Page 7, PART I -CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION -REQUEST FOR QUOTATION (RFQ) SPECIFICATIONS: The specifications or scope of work included have been prepared to describe the standard of quality, performance, and other characteristics needed to meet City of Palo Alto requirements. The City will accept proposals of an "or equal" equipment, product or service when after a review of the alternate specification i~’determined to reflect: (a)supply, equipment, or service ~,hich is more state-of-the-art than that specified; (b)characteristics equaling the supplies, equipment, or services specified; or, (c)the specification issued will not meet requirements as stated. Alternate specifications must be submitted as an additional proposal (RFQ). Alternates ~re subject to review and acceptance by the Manager of Purchasing & Contract Administration and/or the Project Manager. The City of Palo Alto retains the right to reject any and all proposals or quotations when it is determined that conditions have not been met or, when it is in the best interest of the City of Palo Alto. EXCEPTIONS to the specifications ~r requirements issued must be itemized and justified in Writing and included with proposals or quotations submitted. DOCUMENTATION: Manuals, when applicable, shall be furnished bY the Vendor with the shipment or under separate cover. PRICES: Prices shall remain firm through out the Contract period. City shall.receive the benefit of any additional discount or general reduction in the prices quoted herein prior to the delivery or invoicing of any product or equipment ordered as a result of this RFQ. TAXES: Quotations shall include all applicable federal, state and local taxes, import duties, commissions or other charges. INVOICING & PAYMENTS: Vendor shall submit separate invoices on each purchase order or purchase release after each delivery. Purchase order numbers must be referenced on all packing slips and invoices. Invoices shall be itemized and transportation charges, if any, shall be listed separately with a copy of the freight bill attached. Payment shall not be due until the above instruments are submitted after delivery to: City of Palo Alto Accounts Payable P.O. Box 10250 Palo Alto, CA 94303 Extra Charges: No extra charges of any kind will be allowed unless specifically agreed to in writing by City. All state and county sales and use taxes shall be stated separately on the invoices. Prices: Vendor warrants that the prices for materials or services sold to City under this Agreement are not less favorable than those currently extended to any other customers of the same or like articles or services in equal or !ess quantities. In event Vendor reduces its price for such materials or services during the term of the Agreement, Vendor agrees to reduce the prices or rates quoted herein correspondingly. Term of Agreement: The term of the Contract shall be for 12 months and may be extended for one (1) 12 month period up to a maximum of 24 consecutive months, subject to: City of Palo Alto - RFQ # 98135 Page 8 PART I - CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION - REQUEST FOR QUOTATION (RFQ) (a)City of Palo Alto City Council’s annual approval of each current year’s budget and appropriation of funds for this Contract; (b)the Vendor’s compliance with the terms and conditions as established by this document (RFQ);(c) (c)a mutual agreement to continoe the Contract with: 11)negotiations beginning 60 days prior to each 12 month’s anniversary date; (2)a mutual agreement to extend the Contract completed 30 days prior to each 12 month renewal period; (3)satisfactory compliance and extensions by the Vendor with the established certificates of insurance, licensing, permits, City’s Contract or other requirements of the Terms and Conditions; and (4)firm pricing for subsequent 12 month term(s) as set forth in herein below. Pricing of Agreement Pricing of Soils and Materials Testing shall be based on and remain firm during the following periods: (a) (b) July 1, 1997 through June 30, 1998 July 1, 1998 through June 30, 1999 Notwithstanding the foregoing, this Contract may be terminated, with or without cause by the City upon ten (10) days written notice to Vendor. Monies then owing based upon work satisfactorily accomplished shall be paid to Vendor. ENTIRE AGREEMENT: This document end its parts, exhibits, drawings, and other referred or related documents represent the entire agreement between the parties with respect to the purchase of services, materials or equipment which may be the subject of any ensuing contract or agreement. Any conflict with these Terms & Conditions or any prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. City, of Palo Alto - RFQ # 98135 Page 9 . CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION- REQUEST FOR QUOTATION (RFQ) CITY OF PALO ALTO SIGNATURE PAGE The undersigned hereby certifies that, directly or indirectly, they or their representatives and agents have not been c0[lusive with other parties interested in this Prop, osal for: SOILS AND MATERIALS TESTING SERVICE Vendor is a: ., x .California Corporation, or a ~Corporation organized under the laws of the State of. with head offices located at. and offices in California at. (Attach addendum if necessary) ~Partnership (list names of partners; state which partner or partners are managing partner(s), attach addendum if necessary). ~Sole Proprietorship,~Other (Attach addendum specifying details). DATE: June i0, 1997 Vendor NAME & ADDRESS: Consol~dated Engineering Laboratories 4464 Willow Road, Suite C Pleasanton, CA 94588 PHONE: (510) 460-5100 SIGNATURE: PRINTED NAME: Bruce W. Mishler TITLE: Vice President TAXlUC.#: 94-2988193 FAX NO.: (510) 460-5118 ACKNOWLEDGMENT OF ADDENDUM(S) During the request for proposal process there may be changes to the documents or schedules which would require an addendum. To assure that all proposers receive the update or change addendum, the following acknowledgment and sign-off is required. Failure to, execute the following may be considered as an irregularity in the proposal. Receipt of the following addendum(s) issued prior to the close of the proposal is acknowledged, and the information contained therein has been considered in the preparation of this quotation. Addendum No. (Non~), (1~), (2~), (3~), (4~), (5~) (Check appropriate space/numberl/j lab°ve) ~ ,~ DATE;~1,.1~,~ O Signature offend’dr City of Palo Alto - RFQ # 98135 Page 10. PART I -CITY OF PALO ALTO PURCHASING AND CONTRACT ADMINISTRATION -REQUEST FOR QUOTATION {RFQ| CERTIFICATION OF NONDI$CRIMINATION SOILS AND MATERIALS TESTING SERVICE CERTIFICATION OF NONDISCRIMINATION: As suppliers of goods or services (with a total of more than $5,000) to the City of Palo Alto, the .firm and individuals listed below certify that they do not discriminate in employment with regards to age, ,race, color, religion, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. ,, The Vendor agrees specifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.0 To communicate this policy to all persons concerned, including all employees; outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3.0 To take affirmative action steps to hire minority employees within the organization. 4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. Firm: Consolidated Engineering Laboratories Date June I0~ 1997 Please include any additional information available regarding equal opportunity employment programs nbw in effect within your company. See attached EEO / .Affirmative Action Plan (Please attach additional pages if necessary) END OF ~ECTION City of Palo Alto - RFQ # 98135 Page 11 CONSOLIDATED ENGINEERING L A B 0 R A T 0 R I E S EXHIBIT "B" FEE SCHEDULE EFFECTIVE JULY t, 1997 THROUGH JUNE 30, 1999 SOILS AND MATERIALS TESTING SERVICE CITY OF PALO ALTO - RFQ #98t35 Services will be performed on a time and materials basis at the unit rates lis~ed. Hourly Personnel Rates Principal Principal Geotechnical Engineer Senior Engineer Staff Engineer Inspector/Field Technician Draftsperson $125.00/hour 125.00/hour lO0.O0/hour 80.O0/hour 63.00/hour 35,00/hour Special Services Hourly Rates Soils Inspector with Nuclear Gauge Windsor Probe Tests (Probes Extra) Pachometer High-Strength Bolting In-Place Brick Shear Tests (Masonry) o Two Man Qrew (4 hour minimum) Pull-Out Tests (Proof Loading) Ultrasonic Testing of Weldments Floor Flatness Testing: -Surveying/Inspection -Profileograph Above rates plus reimbursables 68.00/hour 68.00/hour 68.00/hour 68.00/hour 120.O0/hour 68.00/hour. 68.00/hour 400.O0/half day; 600.O0/day 750.O0/day Basis of Charges Work over 8 hours per day, or on Saturdays Work on Sundays/Holidays Swing or Graveyard Shift Premium Work from 0-4 hours Work from 4-8 hours Show Up Time Sample Pick Up .- Final Affidavit (request 6 working days advance notice) Extra Copies (over 4 per issue date) of Inspection Reports and Final Affidavit Project Engineering and Management Out of Area Services (Beyond 40 mile radius) Travel Time Mileage Per-diem, including lodging Reimbursables Time and One-half Double Time 5.00/hour 4-hour minimum billing 8-hour minimum billing 2-hour minimum billing 45.00 minimum billing 200.00 minimum billing 15.00/each 2% of Fees As Listed Below: Basic Rate $.40/mile 80.00/day Cost + 15% CONSOLIDATED ENGINEERING L A B O R A T O R I E S Fee Schedule City of Palo Alto - RFQ #98135 Page 2 of 6 Soils and Base Materials ¯ Moisture/Density Curve Standard Proctor ASTM D 698 Modified Proctor ASTM D 1557/AASHTO T180 California Impact, Cal 216 Sieve Analysis Bulk Sample Gradation, ASTM C 136/Cal 202 Material Finer than #200 Sieve, ASTM C 117 Soil Mechanics Soil Classification, ASTM D 2487 "R" Value, ASTM D 2844/Cal 301 Plasticity Index (Atterburg Limits), ASTM D 4318/Cal 204 Sand Equivalent, ASTM D 2419/Cal 217 Compression, Cement Treated Base (including preparation), Cal 312 Particle Size Analysis ASTM D 422 Hydrometer Minus #200 Sieve Analysis/Hydrometer Specialty Geotechnical Testing ASTM D1140 Consolidation (ASTM D2435, D4546) ~ Time-Consolidation (ASTM D2435) Collapse/Swell (ASTM D4546) Unconfined Compressive Strength (ASTM D2166) Direct Shear (3 pt.) California Bearing’Ratio, 1 pt. (ASTM D1883) California Bearing Ratio, 3 pt. (ASTM D1883) Water Soluble Sulfate pH (ASTM D4972) Lab Resistivity Other Laboratory Testing Miscellaneous Geotechnical Charges Vehicle Charges Within 40-mile radius Truck, 2-wheel drive Truck, 4-wheel drive All Other Direct Project Expenses (such as contract drilling and backhoe services, special equipment rental, commercial travel, protective clothing, shipping) Clerical Services $155.00/each 165.00/each 165.00lea ch 65.00/each 33.00/each 200.00/each 180.00/each 95.00/each 70.00/each 95,00/each 105.00/each 165.00/each 28.00/each 100.00/each 45.00lea. loading 55.00/each 65.00/each 600.001each 120.00/each 330.00/each 33.00/each 22.00/each 55.00/each Quotation on Request No Charge 0.40/mile 0.50/mile Cost + 15% 35.00/hour CONSOLIDATED ENGINEERING L A B O R A T O R I E S Fee Schedule City of Palo Alto - RFQ #98135 Page 3 of 6 Aggregates Sieve Analysis Bulk Sample Gradation (Coarse or Fine), ASTM C 136/Cal 202 Material Finer than #200 Sieve, ASTM C 117 Bulk Sample Gradation, Ca1202 Specific Gravity (Coarse), ASTM C 127/Cal 206 Specific Gravity (Fine), ASTM C 128/Cal 207 Absorption, Sand or Gravel, ASTM C 127/ASTM C 128 Organic Impurities in Concrete Sand, ASTM C 140 L.A. Rattler, ASTM C 131 or C 535/Cal 211 Sulfate Soundness (per sieve), ASTM C 88 Unit Weight of Aggregates, ASTM C 29 Hardness, ASTM D 1865 Crushed Particles, Cal 205 Cleanness Value, Cal 227 Durability:ASTM D 3744/Cal 229 Moisture Content of Aggregate ASTM C 29 Asphaltic Concrete Hveem Compaction (including sample preparation), Cal 366, per point Hveem Compaction (premixed sample), Cal 304, per point Stabilometer Value, Cal 366, per point Bitumen Content (extraction), ASTM D 2172 Bitumen Content (extraction), Cal 310 Gradation of Extracted Sample, ASTM C 136/Cal 202 Unit Weight of Compacted Asphaltic Concrete, ASTM D 2726/Cal 308 Unit Weight of Compacted Asphaltic Concrete, (Paraffin Coated) ASTM D 1188 Marshall Compaction (including sample preparation), set of 3, ASTM D 1559 Marshall Compaction (premixed sample), set of 3, ASTM D 1559 Marshall Flow and Stability, set of 3, ASTM D 1559 Maximum Theoretical Specific Gravity (Rice Gravity), ASTM D 2041 Swell of Bituminous Mixtures, Cal 304/305 Caltrans Complete Asphaltic Concrete Test (Hveem Compaction, Stabilometer Value, Extraction Gradation, Unit Weight), Average of Two Briquettes Asphaltic Cement Penetration of Bituminous Materials at 77°F, ASTM D 5/AASHTO T49 Penetration of Bituminous Materials at 32°F to 158°F, ASTM D 5/AASHTO T49Kinematic Viscosity of Asphalt, ASTM D 2170/AASHTO T201 Absolute Viscosity of Asphalt, ASTM D 2170/AASHTO T201 Viscosity (Asphalt Institute Method) Rolling Thin Film Test, ASTM 2872/Cal 346/AASHTO T240 Residue by Evaporation, ASTM D 244/AASHTO T59 Extraction and Recovery, ASTM D 2172/ASTM D 1856 65.00/each 3:~.00/each 95.00/each 45.00/each 50.00/each 40.O0/each 40.O0/each 165.00/each 70.O0/each .45.00/each 65.00/each 90.00/each 65.00/each 65.00/each 33.00/each 100.00/each 80.O0/each 33.00/each 100.00/each 110.00/each 95.00/each 28.00/each 45.00/each 210.00/each 170.00/each 50.00/each 90.O0/each 110.00/each 475.00/each 43.00/each 60.00/each 95.00/each 95.00/each 110.00/each 100.00/each 125.00/each 405.00/each CONSOLIDATED ENGINEERING L A B O R A T O R I E S Fee Schedule City of Palo Alto - RFQ #98135 Page 4 of 6 Geotextile Fabric Tensile Strength by Grab Method Index Puncture Resistance, ASTM D 4833 Trapezoidal Tear Mass Per Unit Area, ASTM D 3776 Simulated Asphalt Retention, ASTM D 4830 Unit Weight Analysis, ASTM D 2329 Ply Count and Void Analysis, ASTM D 2329 Cement Storage of Grab Sample, 60 days Compression, 2x2 Cubes, each age, ASTM C 109 Cement Content of Hardened Concrete, ASTM C 1084 Concrete Concrete Mix Design Review Trial Batches, Prepared in Laboratory (excludes time for material pickup) Shrinkage, set of 3, ASTM C157, Cal 530 Compression, 6x12 Cylinders, ASTM C 39 Compression, Core (including end preparation), ASTM C 42 Compression, 3x6 Cylinders Lightweight Insulatin~ Concrete, ASTM C 495 Molds, 6x12 Concrete, ASTM C 470 Cylinders, Stored 60 days (hold cylinders) Splitting Tensile, 6x12 Cylinders, ASTM C 496 Unit Weight of Concrete Cylinders, ASTM C 567 Unit Weight of Lightweight Insulating Concrete, ASTM C 495 Compression Test of Lightweight Insulating Concrete, ASTM C 495 Flexural Strength of Concrete, ASTM C 78 or C 293 Shotcrete Panel, Up to 4 Cores (including compression), ASTM C 42 Chloride Ion Content, AASHTO T260 Emission of Moisture through Concrete Cylinder Pick-Up GFRC Panel Test Flexural Testing, per P.C.I. Recommended Practice Pullout Testing of Anchor~, per P.C.I. Recommended Practice Reinforcing Steel - ASTM A 615 Tensile Strength and Bend Test Samples, Size #3 - #10 Samples, Size #11 Samples, Size #14 Samples, Size #18 (Full Section) $220.00/each 150.00/each 16&00/each 110.00/each 275.00/each 23o00/each 65.00/each 12.00/each 32.00/each 1,400.00/each 1 tO.00/each 285.00/each 265.00/set 20.00/each 55.00/each 25.00/each 2.00/each 20.00/each 40.00/each 22.00/each 28.00/each 33.00/each 95.00/each 220.00/each 80.00/each 55.00/each 45.00/trip 33.00/each 55.00/each 60.00/each 82.00/each 200.00/each 255.00/each CONSOLIDATED ENGINEERING L A B O R A T O R I E S Fee Schedule City of Palo Alto - RFQ #98135 Page 5 of 6 Prestressing Steel = ASTM A 416 Uncoated 7 Wire Strand, 1/4" to 1/2" Breaking Strength Only Yield Strength, Breaking Strength and Elongation (Note: For Vinyl Coated Strands, add $ 25.00 per test; for Modulus of Elasticity, add $ 25.00 per test) Masonry Concrete Blocks Compression, Gross Area, ASTM C 140 Compression, Gross Area, Unusual Shape, ASTM C 140 Compression, Net Area, ASTM C 140 Absorption and Moisture, ASTM C 140 Linear Shrinkage, ASTM C 426 Bricks Absorption, with Saturation Coefficient, ASTM C 67 Compression, ASTM C 67 Modulus of Rupture, ASTM C 67 Compression, Grout Prisms, ASTM C 39 Compression, Mortar Cylinders, ASTM C 39 Compression, Composite Prisms, ASTM E 447 ~" Compression, Masonry Core, ASTM C 140 Shear, Masonry Core, CCR Title 24 Mortar Molds, ASTM C 470 Structural Steel (Mild Steel Not Over One Inch Thick) Tensile Strength, ASTM A 370 (test only) Samples, Under 1-1/2 square inch in cross section Samples, 1-1/2 square inch and over in cross section Bending High Strength Bolts, Nuts and Washers, ASTM A 325, A 490 and A 449 Bolts Proof Load or Ultimate Nuts Proof Load Washers Proof Load Hardness (Rockwell) Weldment Testing (Mild Steel Not Over One inch Thick) Transverse Tensile Transverse Side Bend Transverse Root and Face Bend Macroetch 0.505" Tensile Specimen Charpy V-Notch Specimen $110.00/each 178.00/each 53.00/each 80.00/each 70.00/each 53.00/each 95.00/each 55.00/each 45.00/each 45.00/each 27.00/each 27.00/each 95.00/each 40.00/each 60.00/each 2.001each 65.00/each 70.00/each 45.00/each 55.00/each 33.00/each 17.00/each 17.00/each 65.00/each 45.00/each 45.00/each 45.00/each 70.00/each On Quotation CONSOLIDATED ENGINEERING L A B O R A T O R I E S Fee Schedule City of Palo Alto - RFQ #98135 Page 6 of 6 Nondestructive Testing Radiography Consultation One-Man Crew Two-Man Crew Film Magnetic Particle Level III (ASNT) Magnetic Particle Level II (ASNT) Ultrasonic Level III (ASNT) Ultrasonic Level II (ASNT) Dye Penetrant Level III (ASNT) Dye Penetrant Level II (ASNT) Night Shift Work - One-Man Crew Night Shift Work - Two-Man Crew Coring Services Coring Machine Operator Helper (add per hour) Diamond Drill Bit Charges, per inch to 5" Diamond Drill Bit Charges, per inch 6" and over Compressionof Core, ASTM C42 Roofing Ply Count and Asphalt by Difference, ASTM D 2829 Weight Analysis, ASTM D 2829 Fireproofing Density of Sprayed on Fireproofing, ASTM E 605/UBC 43-8 Cohesion/Adhesion, ASTM E 736 Miscellaneous Tests and Inspections Calibration of Hydraulic Rams Universal Testing Machine with Technician Instron Testing Machine with Technician Windsor Test Probes Welder Qualifications, e~ch position Expert Witness Laboratory Technician $ 65.00/hour ~5.00/hour 125.00/hour On Quotation 80.00/hour 68.00/hour 80.00/hour 68.00/hour 80.00/hour 68.00/hour Add $6/hour Add $12/hour 90.00/hour 45.00/hour 5.00/inch On Quotation 55.00/each 65.00/each 23.00/each 33.00/each 55.00/each 50.00/each 150.00/hour 125.00/hour On Quotation 80,00/each ,200.00/day 68.00/hour CERTIFICA. .OF PRODUCER Calco Ins Brokers & Agents 2000 Alameda de los Pulgas P.O. Box M San MateD, CA 94402-0080 415-574-0773 INSURED Consolidated Engineering LaborBtories 4464 Willow Rd., Ste. C Pleasanton, CA 94588 INSURANCE 9/27/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI" ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW COMPANIES AFFORDING COVERAGE COMPANY COMPANY B COMPANY , C COMPANY D Col Casualty Compensation Ins THIS IS TO CER TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE [= OR THE POLIC Y PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR AC T OR OTHERDOCUMENT WITHRESPEC T TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~TOR TYPE OF INSURANCE GENERAL LIABILITY ~OMMERCIAL GENERAL LIABILITY CLAIMS MADE { I OCCUR ~OWNER’S & CONTRACTOR’S PROt AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY ~UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPI.~OYERS’ LIADILITY THE PROPRIETOR/ ~ INCLi PARTNERS/EXECUTIVE OFFICERS ARE:EXCLI OTHER POLICY NUMBER WC1801265500 POLICY EFFECTIVE POLICY EXPIRATIO~ DATE (MMIDD/YY) DATE (MMIDDIYY) 10101196 10101197 LIMITS GENERAL AGGREGATE PRODUC/S.COMP/OP AGO PERSONAL & ADV INJURY EACH OCCURRENCE iFIRE DAMAGE (Any one fire) MED EXP (Any one person) COMBINED SINGLE LIMIt BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY ¯ EA ACCIDEN~ OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE Xt STATUTORY LIMITS EACH ACCIUENT DISEASE, POLICY LIMIT DISEASE .EACH EMPLOYEE $ $ $ $ $ $ $ $ $ $ ’10000~ 100000 100000 DESCRIPTIONOFOPERATIONS~OCATIONSIVEHICLESISPECIALITEMS All California Operations City of Paid Alto Public Works Engineering Div. P.O. Box 10250 Attn: Gary Weinrich Paid ~lto, Ca 94303 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRI’FrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY,~(IND~ UPON THE COMPA~, ~TS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE uuo,o. . EXHIBIT PRODUCER Diversified Risk Ins. Brokers 1335 Stanford Avenue Suite I00 Emeryville, CA 94608 (510) 547-3203 INSURED Consolidated Engineering Labs P.O. Box 9131 Pieasanton, CA 94566 DGE DATE (M! 1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANYA Royal Insurance Company COMPANY B COMPANY C -- COMPANYD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ! co POLICY EFFECTIVE POLICY EXPIRATIONLTRPOLICY NUMBER DATE (MM/BDIYY)DATE (MM/DD/YY). LIMITS A PSP072439 101OLD6 10/01/97 A A TYPE OF INSURANCE GENERAL LIABILITY ~~MERCIAL GENERAL LIABILITY MADE ~_J OCCURCLAIMS ER’S & CONTRACTOR’S PROT_ GENERAL AGGREQATE PRODUCTS ¯ COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one rite) MED EXP (Any one person) s $ $ $ s $ 2,000,000 2,000,000 1,000,000 1,000,000 3O0,000 I0,000 AU__._TOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY~UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER~ COMPENSATION AND EMPLOYEP~’ LIABILITY THE PROPRIETOR,/~ INCLPARTNERS/EXECUTIVE OFFICERS ARE:EXCL OTHER AST086756 PLA354034 10/01/96 10/01/97 ClTV OF PALO ALXD r. o-r - 4199! 10101/96 10/01/97 COMBINED SINGLE LIMIT BODILY INJURY(Pe~ per~n) BODILY INJURY(Pe~ acc~lenl) PROPERTY DAMAGE AUTO ONLY ¯ EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WG STATU- I OTH:TORY LIMITS[ER ELEACH ACCIDENT ELDISEASE - POLICY LIMIT ELDISEASE. EA EMPLOYEE ,000,000 3,000,000 3~000,000 DESCRIPTION OF OPERATIONS/LOCATION,/VEHICLE,/SPECIAL ITEMS Re: All Operations The City of PaiD Alto, its officers, Agents and employees are named as additional insured per CG2010 attached. City of PaiD Alto Public Works/Engineering Div. Attn: Liz Ames P.O. Box 10250 Paid Alto, CA 94303 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL B~g~eIMO~:~.~i’~ MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 066734 THIS ENDORSEM,-HT CHANGES THE POLICY. PLEASE R~.,.~O IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES or CONTRACTORS (Form B) NAMED INSURED: POLICY NUMBER: CONSOLIDATED ENGINEERING LABS PSP072739 EFFECTIVE DATE: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE THE CITY OF PALO ALTO, ITS OFFICERS, AGENTS AND EMPLOYEES; ARE NAMED AS ADDITIONAL INSURED, BUT ONLY AS TO WORK PERFORMED UNDER CONTRACT. t011196 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The insurance provided by this policy is primary and non-contributory with other insurance available to the Additional Insured. CG20 10 11 85 PRODUCER Diversified Risk Ins. Brokers 1335 Stanford Avenue Suite I00 Emeryville, CA 94608 510-547-3203 INSURED Consolidated Engineering Laboratories P. O. Box 9131 Pieasanton, CA 94566 DATE 08/08/9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANYA Associated International COMPANYB : ,~ "~’ ~" " COMPANY’C COMPANY =JM D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION ILTRTYPE OF INSURANCE POLICY NUMBER DATE (MMJDD/YY)DATE (MM/DDIYY)LIMITS GENERAL LIABILITY _~owNCOMMERCIAL GENERAL LIABILITY CLAIMS MADE L----] OCCUR ER’S & CONTRACTOR’S PROT AUTOMOBILE LIABILITY ANY AUTO I ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY~UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRIETOR/~ INCL PARTNERS/EXECUTIVEi OFFICERS ARE:I I EXCL A OTHERProfessional Liability AZU960007 08108/96 08/08/99 GENERAL AGGREGATE $ PRODUCTS ¯ COMPIOP AQQ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ ¯ FIRE DAMAGE (Any one f~’e)$ MED EXP (Any one person) COMBINED SINGLE LIMIT $ BODILY INJURY(P~ per~n)$ B~DILY INJURY(P~ accKlent)$ PROPERTY DAMAGE $ AUTO ONLY ¯ EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE j WC STATU-I OTH-TORY LIMITS ER EL EACH ACCIDENT EL DISEASE. POLICY LIMIT ELDISEASE-EA EMPLOYEE $ $I,000,000 Each Claim $2,000,01111 Aggregate $ $ $ $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLE,~SPECIAL ITEMS All operations of the Named Insured including but not limited to any referenced project. The Aggregate Limit is the total insurance available for all claims presented under the policy. City of Palo Alto Public Works/Engineering Div. P. O. Box 10250 Palo Alto, CA 94303 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~.R3D MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CONSOLIDATED ENGINEERING L A B O R A T O R I E S EXHIBIT "D" EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PROGRAM I.Statement of Purpose From CEL It is the continuing policy of Consolidated Engineering Laboratories to provide equal employment opportunity to all persons regardless of race, color, religion, sex, national origin, ancestry, marital status, sexual orientation, age or medical condition. The Board of Directors of Consolidated Engineering Laboratories strongly reaffirms this p~licy and once again, declares its firm commitment to support all actions necessary to make equal employment opportunity a reality for all. The Board further declares that the mere prohibition of discriminatory practice is not enough to achieve this objective. CEL Will continue to take positive and innovative action to achieve all objectives and to assure that all possible barriers to employment of any potentially discriminated against group are eliminated. We will take positive efforts to attract and assist members of these group to qualify for employment. It is the policy of CEL that management shall provide all employees at all levels give this program their full support and use sound personnel practices that apply to all segments of our community. This policy is distributed to all new employees and past employees to insure that all employees understand the company’s commitment to affirmative action. II.Equal Employment Opportunity Policy The Company will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, or against any subcontractor or vendor or anyone seeking to become a subcontractor or vendor whose principals or employees are minority group members. III. Sexual Harassment Policy Purpose Consolidated Engineering Laboratories recognizes that harassment on the basis of sex is a violation of employment discrimination law. The Company will provide to all employees a work environment free from unlawful sexual harassment, and will not tolerate such conduct on the part of any employee or other individual. Definitions Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: CONSOLIDATED ENGINEERING L A B O R A T O R I E S Equal Employment Opportunity Policy and Affirmative Action Statement a.Submission to such conduct is made a term or condition of an individual’s employment, Submission to or rejection of such conduct is used as the basis for employment.decisions affecting such individual, or Such conduct has the purpose or effect of unreasonably interfering with. an individual’s work performance or creating an intimidating, hostile or offensive work environment. Forms of sexual harassment include the following: a.Verbal harassment, such as derogatory comments, jokes or slurs; Physical harassment, such as unnecessary or offensive touching, or impeding or blocking movement; and Visual harassment, such as derogatory or offensive posters, cards, calendars, cartoons, graffiti, drawings or gestures. Complaint Procedure a. if any employee believes that comments, gestures or conduct from any co-employee, supervisor or person doing business with or for the Company are offensive, the employee should notify the Affirmative Action Officer. bo The Company will promptly and thoroughlyinvestigate any complaints of sexual harassment, and will take immediate action to resolve such complaints. No individual will suffer any reprisals for reporting any incidents of sexual harassment or for making any complaints. Disciplinary Action Any employee who is found to be responsible for sexual harassment will be subject to appropriate discipline, up to and including termination. The severity of the disciplinary action will be based upon the circumstances of the infraction. IV. Affirmative Actior] Responsibility Gary Cappa, Presidentof Consolidated Engineering Laboratories is Equal Opportunity Officer for the firm. His duties are to coordinate all company and subcontractor affirmative action efforts, assist staff members on EEO matters, maintain liaison with the Union in order to promote equal opportunities. He will keep records of all activities to facilitate review of compliance by any agency so wishing to review such efforts. CONSOLIDATED ENGINEERING L A B O R A T O R I E S Equal Employment Opportunity Policy and Affirmative Action Statement Mr. Cappa acting as the Affirmative Action Officer will insure that each general manager at each office is aware and is enforcing all policies detailed herein. He will also coordinate with community groups, and with the Operating Engineers Local 3 business agents to communicate CEL’s affirmative action policies as they relate to hiring. "’ V. Dissemination of CEL’s Affirmative Action Plan Copies of this Equal Employment Opportunity Policy and Affirmative Action Program havebeen distributed to the Company’s supervisory personnel and will be posted in conspicuous places at each Company office and jobsite for inspection by all Company employees and by applicants for employment. The purpose and intent of the Policy and Program and the Company’s commitment thereto will be discussed in meetings among the Equal Employment Opportunity Officer and the Project Equal Employment Officers and by the latter with all Company employees who are authorized to hire, supervise, promote and discharge employees, or to recommend such action, or who are substantially involved in such action. "Equal Opportunity Employer" posters in English and Spanish will be posted in conspicuous places at the Company jobsites and that phrase will be used in all advertisements for employment with the Company. The Company Equal Employment Opportunity Officers will inform all subcontractors, vendors, labor unions with which the Company has contracts and potential sources of employees, such as schools, employment agencies, college placement officials and the like, of the Company’s Equal Employment Policy and intention to make it effective in practice. VI. Program Goals & Analysis In order to identify whether protected classes are equally represented, it is necessary to analyze the present workforce, gather statistics on available persons in the relevant labor market, and compare these with CEL census information. The statistics derived from the workforce utilization analysis provide a picture of where CEL or its departments employ women and minorities at a rate lower than the Countywide labor market availability. VVhen selection procedures, intentionally or unintentionally, have resulted in a lesser percent of a sex, race, or ethnic group in an employment category than expected from availability data, affirmative action steps should be taken to remedy the situation. CEL affirmative action CONSOLIDATED ENGINEERING L A B 0 R A T 0 R I E S Equal Employment Opportunity Pol!cy and Affirmative Action Statement objectives do not require the hiring of a person who is less likely to perform well on the job, i.e., less qualified, under valid selection procedures. Affirmative action objectives to not require any specific number of persons are hired because such a percentage would, in fact, be a numerical quota. Hiring selection should occur only from among those who are qualified. There i’s a distinction between the concept of CEL affirmative actions objectives versus the concept of a quota. The CEL affirmative action objectives do not require CEL to hire a less qualified person over a qualified person. However, what is required is the removal of artificial, arbitrary, and unnecessary barriers to employment. VII. Utilization Analysis CEL will permanently utilize two areas to perform its utilization analysis. One is the Operating Engineers Local 3 resource for availability of licensed and certified inspectors. As such, CEL will continue to encourage training and education of groups who have been subjected to discrimination in the past. In addition, the County of Alameda Planning Department will provide information regarding the workforce present in Alameda County as of the 1990 Census, as provided by the U.S. Department of Commerce. Based on the 1990 census data, the ~ civilian workforce of Alameda County includes the following percentages of minorities*: County of Alameda Consolidated Engineering Labs Total Total Deficient Workforce: 1,279,182 Workforce (Pleasanton): 95 Areas % Cateqory Total ~Cate_~ory Total % White:692,007 15 White:168 84.5 Black:234,863 18 Black:8 3.8 Hispanic:193,795 15 Hispanic:11 4.8 Asian:196,803 15 Asian:15 6.5 Am. Ind.:18,753 1.5 Am. Ind.:1 .4 Other:-14,901 1.2 Other:0 0 12.7 8.7 9.7 Percentage of Women:13%* CONSOLIDATED ENGINEERING L A B 0 R A T 0 R I E S Equal Employment Opportunity Policy and Affirmative Action Statement The Board of Directors of Consolidated Engineering’ Laboratories believes in a strong Equal Opportunity Employment program. It has been determined that Consolidated Engineering Laboratories will make every effort, through regular contact with Operating Engineers Local 3 and various minority-oriented public agencies, to achieve our goal to meet or exceed the minority percentages of the County by 1996. County statistics provided by report issued through the Alameda County Planning Department based upon information released by the Census of Population and Housing, 1990: Public Law 94-171 Data. VIII. Recruitment & Selection Process Advertisements for employees will be placed in English and foreign language newspapers having large circulations within minority group districts in the recruitment area involved. Other media, including the Human Rights Commission and the Urban League, will be used as a means of making the Company’s employment needs known and that minority group members will be welcome in its employment. The Company’s present employees also will be encouraged to refer minority group applicants for employment. The Company’s Equal Employment Officer will insure that employment, rates of pay and other forms of compensation, working conditions, advancement, demotion, layoff and termination and selection for training, including apprenticeship, all are provided on a non-discriminatory basis. Any employee or applicant for employment who believes that this portion of the Program is not being followed by any of the Company’s personnel is encouraged to contact the Company’s Equal Employment Opportunity Officer by telephone or letter. The Company’s Equal Employment Opportunity Officer is under continuing instruction to take prompt and effective corrective action if any discrimination, in fact, has been practiced. The Company will encourage and assist members of minority groups to become applicants for apprenticeship programs in which the Company orassociation of which the Company is a member or labor unions are involved. The Company intends to utilize the services of minority group apprentices and journeymen-trainees to the maximum extent consistent with the nature of the project and applicable labor agreements of the Company. The Company will solici~ the employment of minority group subcontractors and, when Company has the staff availableto do so and Company believes that such minority group subcontractors are qualified or capable of becoming qualified in their particular type of work will (i) provide assistance to such sub.contractors with respect to the procedures to be followed to obtain qualification as contractors or subcontractors on public works projects, (ii) provide assistance to such subcontractors in estimating and in the administration of their receipts and disbursements and their records, and (iii) enter into abnormally small subcontracts with such subcontractors which are within their capabilities and render financial assistance to them by means of purchasing their materials and administering their payrolls. CONSOLIDATED ENGINEERING L A B O R A T O R I E S Equal Employment Opportunity Policy and Affirmative Action Statement The Company will not enter into subcontracts or purchase agreements in excess of $10,000.00 unless the subcontractor or vendor agrees, as a part of its contractual obligations, to an equal employment opportunity policy and affirmative action program acceptable to the Comp.any. The Company’s operations are conducted under valid collective bargaining agreements with various building trades unions and the Company must rely on referrals of employees from the hiring halls of those unions. The Company will, however, seek the cooperation of, and work closeiy with, these unions in an effort to increase referrals by these unions of greater numbers of minority group employees. If any of these unions refuses to cooperate with the Company in this regard, the Company’s President and Equal Employment Opportunity Officer will attempt to meet with the governing officials of the union in question to effect voluntarycorrective action and, in the absence thereof, will so inform the awarding agency. The Company shall keep such records as are necessary to determine compliance with, and progress under, this Policy and Program. Those records will indicate (i) the number and category of minority group members employed in each work classification during proper periods of contract performance, (ii) the number of minority group members who applied for employment and who were not employed, and the reasons therefor, (iii) the progress made by unions to increase referrals of minority group employees, (iv) the progress made by the Company in employing minority group subcontractqrs, and (v) the general progress made by each subcontractor regularly employed by the Company under such subcontractor’s Equal Employment Opportunity Policy and Affirmative Action Program. All such records will be retained for a period of three (3) years following completion of the relevant contract and shall be available at reasonable times for inspection by authorized representatives of the awarding agency and of appropriate governmental agencies. IX. Program Monitoring, Evaluation and Reporting Effective implementation of CEL’s Affirmative Action Plan requires that the Plan be continually monitored to assure that all required actions are accomplished as stipulated. Additionally, it is imperative that the Board of Directors be kept informed of the status of the Plan and of problems that hinder attainment of Plan objectives, and of the actions taken or required for their resolution. The following are the Plan Action Steps for Program Monitoring, Evaluation, and Reporting. All Action Steps are to be completed by the Affirmative Action Officer. Develop and implement a company policy and procedure for the submission, investigation and resolution of discrimination and sexual harassment complaints. Inform the Board of Directors of the status of all sexual harassment and/or discrimination complaints on a bimonthly basis. CONSOLIDATED ENGINEERINGLA B O R A T O R I E S Equal Employment Opportunity Policy and Affirmative Action Statement o o Provide the Board of Directors with bi-annuai reports of significant Affirmative Action activities. Provide a bi-annual report to the Board of Directors on the progress of the Plan’Action Steps. Compile and provide the Board of Directors with the data necessary for Plan review and other advisory responsibilities. As part of Board of Directors’ annual meeting action items, review and analyze the potential adverse impact on protected group members of the in-house promotional application process and recommend alternatives where applicable. Additional adverse impact reports will be conducted on all promotions, terminations and resignations. Review and analyze CEL policy and procedures for conformance with the action items of the Board of Directors. Make appropriate recommendations to the Board of Directors for added policy or procedure revisions, where applicable.