HomeMy WebLinkAbout1999-07-26 City Council (18)TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER
City of Palo Alto
DEPARTMENT: PUBLIC WORKS
3
DATE:JULY 26, 1999 CMR:318:99
SUBJECT:AWARD OF CONT1L4,CT TO TESTING ENGINEERS, INC. IN THE
AMOUNT OF $101,300 FOR SOILS AND MATERIAL TESTING
SERVICES
RECOMMENDATION
1.Approve and authorize the Mayor to execute the attached contract with Testing
Engineers, Inc. (TEI) in the amount of $101,300 for soils and material testing
services.
Authorize the City Manager or her desi~maee to exercise the option to renew the
contract for the second and third year, provided the contractor is responsive to the
Citv’s needs, and the quality of the contractor’s work!product is acceptable during
the first year of the contract, and/or other conditions which will determine the
City’s willingness to renew the contract.
DISCUSSION
Prqiect Description
Construction prqiects in the Capital Improvement Progam (CIP) and Public Works and
Utilities Departments’ operating budgets require inspection and testing of construction
materials for quality assurance, and to comply with the provisions of the Municipal Code,
City of Palo Alto’s Standard Specifications. and the State of California Uniform Building
Code. Exalnples of projects requiring these services include the Public Buildings and
Structural Repair CIP projects~ the Street Resurfacing CIP project, Storm Drain
Rehabilitation CIP project and miscellaneous trench testing for the Utilities Department.
The testing and inspection sere’ices are applied to various construction materials including
steel, welding, concrete, asbestos, soils, and asphalt. A complete list of projects for FY
1999-00 is provided in Attachment A.
Selection Process
Staff sent a Request For Proposals (RFP) to seven companies on June 8, 1999. Four
qualified firms submitted proposals (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 content of the proposal, the consultant’s
CMR:318:99 Page t of 2
experience in providing similar services, and the cost of the testing. The types of tests
and unit costs provided by the 6onsultant were tallied for a total unit cost. for comparative
purposes (Attachment C). TEl had the second lowest total unit cost. TEI was selected for
its demonstrated ability to provide the high level of soils and materials testing required by
the City. and was ranked highest in the consultant evaluation for this service agreement
(Attachment D).
RESOURCE IMPACT
Funds for these services have been appropriated in the various CIP pro.jects and in the
Public Works and Utilities Departments operating budgets for FY 1999-00.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This agreement is not considered a project for purposes of the California Environmental
Quality Act.
ATTACHM ENTS
Attachment A: FY
Attachment B:
Attachment C:
Attachment D:
1999/00 Capital Improvement Prqiects
Encumbrance Amounts
Consultant Rating Sheet
Soils and Materials Testing Bid Breakdown
Contract
and Utility Trench Test
PREPARED BY:
DEPARTMENT HEAD:
Sharon Macwav. Project Coordinator
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
E HARRISON
Assistant City Manager
CMR:318:99 Page 2 of 2
ATTACHMENT A
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A-I-I-ACHMENT B
ATTACHMENT C
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ATTACHMENT D
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
TESTING ENGINEERS, INC.
FOR CONSULTING SERVICES
This Contract No.is entered into July 27,
1999, by and between the CITY OF PALO ALTO, a chartered city and
a municipal corporation of the State of California ("CITY"), and
TESTING ENGINEERS, INC., located at 2811 Adeline Street, Oakland,
CA 94608 (~CONSULTANTs’) .
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of,
without limitation, soils and materials testing services
("De!iverables") (Services and Deliverab!es 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, 2000, 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. The terms may be
extended for one (I) 12 months, subject to:
I.i.i City of Palo Alto City Council’s annual approval
of each years budget and appropriation of ~funds for this
Contract;
1.1.2
this Contract;
The CONSULTANT’S compliance with the terms of
with:
i.I.3 A mutual agreement to continue the Contract
a. Negotiations beginning 60 days prior to each
12 months’s anniversary date;
b. A mutual agreement to extend the Contract
completed 30 days prior to the renewal period;
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c. Satisfactory compliance and extension by
the CONSULTANT with the established certificates of insurance,
licensing, permits, and other requirement of the Scope of
Services.
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 entitled to 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 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.
2.3 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.
CONSULTANT
QUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants 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 wil! furnish to CITY
for approval, prior to execution of this Contract, a list of all
individuals and the names of their emp!oyers or principals to be
employed as consultants.
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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 TERRY R. CHICCINO, Soils/
Asphalt Field Operations Manager, 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 employed under this Contract and any materials
used in CONSULTANT’s performance of the Services;
3.4.3 At all times observe 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 wil! 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 De!iverables, CONSULTANT will
provide such additional copies and CITY will compensate
CONSULTANT for its duplicating costs.
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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 employee 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 al! 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;
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 for 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
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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. WOOJAE KIM 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.
SE,~TI,QN 5. COMPENSATIO~
5.1 CITY will compensate CONSULTANT for the soils
and materials testing services and work as described in the "Unit
Cost Schedule," "Schedule of Fees and Charges" and ~Basis of
Charges" attached as Exhibit ~B". To the extent the fees for the
specified services are not listed in the "Unit Cost Schedule,"
the per hour or hourly fees, as appropriate, specified in the
"Schedule of Fees and Charges" and "Basis of Charges" 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 One Thousand Three Hundred Dollars ($101,300) per
year. .The amount of compensation will be calculated in
accordance with Exhibit "B", up to the maximum 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-
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
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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 the work 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.
follows:
5.2 The schedule of payments will be made as
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.
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 the 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 wil! 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 wil!
990714 10677-00001 isj 0282381
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 modificatlons
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.
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 ~est’s Key Rating Guide 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
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this Contract, identica3 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 it will comply with such
provisions, as applicable, before commencing the performance of
the Project.
PROJECT
SECTION !I. TERMINATION OR SUSPENSION OF CONTRACT OR
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
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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 Deliverab!es 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 than 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, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT
wil! 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
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 Deliverab!es, 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
materials 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.
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.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 Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director at
the address of CONSULTANT recited above
~ SE.~TION 14. CONFLICT 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
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.~ONDISCRIMINATION
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".
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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
emp!oyment; that [Name of Provider] will pursue an
affirmative course of action as required by the
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, disability, 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.
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 wil! be effected pursuant to the terms of this
Contract.
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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. -.
16.4 In 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 are by such reference incorporated in this Contract and
wil! 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
990714 I0677-00001 lsj 0282381 0 -12 -
Alto Municipal Code. This Contract will terminate iwithout any
penalty (a) at the end of any fiscal year in the event that funds
are not appropriated for the followins fiscal year, or (b) at any
time within a fiscal year in the event that funds are only
appropriated for-~-a-portion Of ~@ fiscal y£ar a~d funds for this
Contract are no !onger available. This Section 16.!2.will take
precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Contract.
!N WITNESS WHEREOF, the parties hereto have by their
duly authorized representatives executed this Contract on the
date first above written.
ATTEST:C!TY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City A~torney
APPROVED:
City Manager
Director of Public Works
Director of Administrative
Services
Risk Manager
Taxpayer’s I.D. NO. g~-[~2~TY2
(Compliance wi~h Corp. Code ~ 3!3 is
re~aired if the entity on whose behalfthis ccn~rac~ is signed is a corlDora£1~n.
In the alternative, a certified corporat~
resolution attesting to the
authcrity cf the individuals signing in
their respective capacities ks
acceptable}
Attachments :EXHIBIT ~A":SOILS’AND MATERIALS TESTING
SERVICES
EXHIBIT "B": t~’!T COST SCHEDULE, SCHEDULE OY
FEES ~ND C~LA.RGES
E~qIBiT "C": !NSUP~ANCE
EXHIBIT "D~: NONDISCRIMINATION COMPLIANCE FORM
99071~ 10~77-00001 !sj 02823@I 0 i~ -
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
)
)ss
a nota~ry public.in and for said~Cotinty, pe.rsonal!y iappeared
persbnally’ ~ to me(or 2rQv~d to me on the basi~ ""
satisfacto~ evidence) ~o be the~ whose ~~ is~
s~scribed to he within inst~m~nt, .and a~edg~ me that
he!she~the~xecuted the same in hi~~o[ized
~aci~~ ~by his/her~tu~ on the
~the ~, or the entity upon beha~ of which the
~~n~ ~cted, executed the inst~m~nt. ¯
WI~ESS ~ h~d and official seal.
990714 10677-00001 !$j 0282381 0 14 -
TOTAL
PART II - SCOPE OF SERVICES
EXHIBIT A
CITY OF PALO ALTO
SCOPE of SERVICES
RFP #116372
for
SOILS AND MATERIALS TESTING SERVICES
MAY 1999
A,INTRODUCTION AND QUALIFICATIONS
This Request for Proposal (RFP) is issued by the City of Palo Alto (City), Purchasing and
Contract Administration, on behalf of Public Works Department, Engineering Division to
solicit proposals and quotations from consultants for on-cal! Soils and Materials Testing
(SMT) Services for various Capital Improvement Projects (CIP) and utility trenching work
within the City. The SMT services shall be provided for a period of one year from July 27,
1999 to July 26, 2000 with the option to extend for additional year from July 27, 2000 to
July 26, 2001 upon approval from the City.
The City is searching for a SMT consultant (Consultant) experienced and qualified in
provided special inspection, material testing, construction inspection and hazardous
materials analysis for municipal and public works sectors. The Consultant shall be able
to provide wide-range of environmental, geotechnical and material inspection and testing
services on demand with accelerated response time.
B.CONSULTANT SERVICES
Construction projects in the Capital Improvement Program and in Public Works and Utilities
Department’s operating budgets require inspection and testing of construction materials
for quality assurance, and to comply with the provisions of job specific Plans and
Specifications, City’s Municipal Code, 1992 City Standard Drawings and Specifications, the
State of California Department of Transportation Standard Specifications, the State of
California Uniform Building Code, and any other applicable standards and regulations.
Projects requiring the services include the following, but not limited to:
o
o
o
o
New constructions, renovations, or structural retrofits of public buildings.
Street resurfacing, intersection improvements, and grading projects.
Storm drain and sanitary sewer rehabilitation.
Federally funded projects of the National Highway System complying with
the City’s Quality Assurance Program (Attachment "A").
PART II - SCOPE OF SERVICES RFP #1163"/2
¯Miscellaneous trenching projects by the Utilities Department
The testing and inspection services are applied to various construction materials including
steel, welding, concrete, asbestos, lead, soils and asphalt.
The Consultant shall provide a team of licensed engineers, certified inspectors, and
material testing laboratories lead by a qualified Project Coordinator. Upon request, the
Consultant shall be able to provide certain services such as soils report, hazardous
materials analysis, foundation design, and pavement design. The inspectors and
laboratory technicians assigned to the City projects shall be certified and capable of
conducting necessary tests, including, but not limited to:
Soils Tests:
Sieve Analysis: Course and Fine
Sieve Analysis: Course
Sieve Analysis: Fine
Sand Equivalence Analysis
Modified Proctor Tests
In-Place Nuclear Density Test
Moisture Density Determinations
Hveem’s Resistance "R" Values
Atterberg Limit Test
(Calif 202)
(Calif 202)
(Calif 202)
(Calif 217)
(ASTM-D 1557-A)
(Calif 231)
(Calif 216, Part 2, 5 Layers)
(ASTM D2844 Calif 301)
(ASTM D423 Calif D424)
Concrete Testing:
Concrete Mix Design Review
Compression Tests of 6" x 12" Cylinders
Storage of Concrete Cylinders
(ASTM C39)
Steel Testing:
Tensile and bend tests of reinforcing steel, No. 2 through No. 8 bars.
Tensile and bend tests of reinforcing steel, No. 10 bars and above.
Steel fabrication and Weld inspection in accordance with AISC and AWS standards.
Bituminous Testing:
Hveem Compacted Density
Stability of Compacted Bituminous
Bitumen Content
Bitumen Content
Gradation of Extracted Sample
(Calif 308)
(Calif 366)
(ASTM 2172 or Calif 310)
(Calif 382)
(Calif 202)
PAGE 2
PART II - SCOPE OF SERVICES RFP #116372
Hazardous Materials Testing (testing by NVLAP and AIHA accredited laboratory):
Polarized Light Microscopy testing for asbestos containing materials
Flame Atomic Absorption Analysis for lead-based paint (NIOSH Method 7420)
X-ray Fluorescence (XRF) testing for lead-based paint
Flame Atomic Absorption Spectroscopy for lead (EPA Method 3050A with acid
digestion)
Verbal or field inspection report on test results shall be issued to the City’s coordinating
Project Engineer or Inspector within 24 hours of the tests taken. Final inspection and
laboratory reports or affidavits shall be issued within one week of the tests taken.
C.LICENSES AND CERTIFICATION
It is required that Proposer’s firm include at least one individual on staff possessing a Civil
Engineering License. It is desirable that Proposer’s firm includes at least one individual on
staff possessing a Geotechnical Engineering License. The inspectors and laboratory
technicians assigned to the City projects shall possess certifications from either
International Conference of Building Officials (ICBO), American Welding Society (AWS),
California Department of Occupational Safety and Health (DOSH), or other agencies for
areas of specialty as required or recommended by federal, state and local standards and
regulations
D.PROJECT ADMINISTRATION
The Contract will be to provide inspection and testing services on various CIP and utilities
projects in accordance with this RFP during the life of the Contract.
All requests for testing services will be made by either the City’s coordinating Project
Engineers or Inspectors.
All test results and invoices shall be directed to the City’s Project Manager and shall list the.
person requesting the test and the corresponding project.
E. FEES
The response to this RFP shall contain a schedule of unit costs priced on a per test and,
when requested, on a per hour basis. The quoted per hour or per test rates will include
travel time to and from the job site. The quoted unit costs shall also include all necessary
field activities, field and laboratory testing, scheduling of testing, report preparation and
postage, vehicle mileage, travel time and other indirect expenses.
The proposed rates shall be entered on the Unit Cost Schedule i Exhibit"B" ;. In
addition, the Proposer shall provide a General Fee Schedule for all other testing,
PAGE 3
PART II -SCOPE OF SERVICES RFP #116372
inspection and special inspection services routinely offered by the Proposer’s firm.
Quotations shall include all applicable federal, state and local taxes, import duties,
commissions or other charges.
Pricing of SMT services shall be based on the provided Unit Cost Schedule and General
Fee Schedule and remain firm during the following Contract periods:
Schedule A July 27, 1999 through July 26, 2000
Schedule B July 27, 2000 through July 26, 2001
Tests and inspections that are not identified in the Unit Cost Schedule or General Fee
Schedule may be performed only with prior approval of the City’s Project Manager at
negotiated rates.
The City reserves the right to reject any or all quotations, to waive any informality contained
therein, and to select quotations on an item by item basis. No quotation may be withdrawn
for a period of 90 days after the Proposal is submitted.
TERM AND CONDITIONS
CONTRACT TERM:
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 City Council’s annual approval of each current years budget
and appropriation of funds for this Contract;
the consultant’s compliance with Scope of Services as established by this
RFP;
3.a mutual agreement to continue the Contract with:
negotiations beginning 60 days prior to each 12 month’s anniversary
date for the extension of the contract;
a mutual agreement to extend the Contract completed 30 days prior
to each 12 month renewal period;
satisfactory compliance and extension by the Consultant with the
established certificates of insurance, licensing, permits, City’s
Contract or other requirements of the Scope of Services or terms and
PAGE 4
PART II - SCOPE OF SERVICES RFP #116372
conditions;
firm pricing for subsequent 12 month term(s) as set forth in herein
below.
Notwithstanding the foregoing, the Contract may be terminated, with or without cause by
the City upon ten (10) days written notice to the Consultant. Monies then owing based
upon work satisfactorily accomplished shall be paid to the Consultant.
PRICES:
The 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 RFP.
DELIVERY:
All materials services are to be provided free on board to the City in accordance with the
scope of services herein.
QUANTITIES:
The services specified herein are required from time to time. Estimates of future inspection
and testing activities for Contract periods are not available. Activities during the past 1_.0.0
months have averaged $1,5.00.00 per month. The City 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 be subject to change. All changes
shall be implemented by a change order.
PAYMENT:
Consultant shall submit separate invoices on each inspection and material testing after
each delivery. Project 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 attachment. Payment shall not be due until 30 calendar days after
the above invoices are delivery to:
Attn: "NAME"- project engineer or inspector
City of Palo Alto
Department of Public Works
"DIVISION NAME" - division managing the project
P.O. Box 10250
Palo Alto, CA 94303
PAGE 5
PART II - SCOPE OF SERVICES
EXTRA CHARGES:
RFP #116372
No extra charges of any kind will be allowed unless specifically agreed to in writing by the
City. All state and county sales and use taxes shall be stated separately on the invoices.
INSURANCE:
Comply with the insurance requirements set forth in PART III, SECTION 650 of this RFP.
REPRESENTATIONS AND WARRANTIES:
If awarded the contract, Consultant warrants that in the supply of any materials and
equipment and the rendering of labor and services during the course and scope of the
Project and Work:
Any material and equipment which shall be used during the course and scope of the
Project and Work shall be vested in Consultant;
Any material and equipment which shall be used during the course and scope of the
Project and Work shall be merchantable and fit to be used for the particular purpose
for which the materials are required;
o The Consultant will assume any and all risk of loss, damage, or injury to the
property of Consultant, and its subcontractors, which may occur in, on, or about the
Project sites at any time and in any manner.
Where federal, state or municipal safety regulations of standards have been
established, the Consultant warrants that all products and services furnished and
provided as a result of the RFP shall comply with such requirements.
The Consultant shall unconditionally warrant that it shall use sound and professional
principles and practices 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 and restore such services.
PAGE 6
PART II - SCOPE OF SERVICES RFP #116372
G.PROPOSAL
The proposal shall concisely reflect the Proposer’s understanding of the project. The
original plus seven (7) copies shall be delivered to the City’s Purchasing Department
located at 250 Hamilton Ave., First Floor, Palo Alto, CA. The following format and proposal
contents shall be adhered to by each firm and presented in the following order:
1.Executive Summary
The Executive Summary should include key elements of the respondent’s proposal.
The Executive Summary must be signed by the individual authorized to bind the
respondent and must stipulate that the proposal will be valid for 90 days. The letter
shall also indicate the address and telephone number of the respondent’s office
located nearest to Palo Alto, California, and the office from which the project will be
managed.
2.Background and Understanding of the Scope of Services
Describe the Proposer’s understanding of the City, the work to be done, and the
objectives to be accomplished for this project.
3.Methodology
Describe the methodology to be use to insure timely response, coordination and
reporting of the City projects requiring inspection and testing.
4.Project Organization and Staffing
Describe your approach and methods for coordinating the inspections and testings
for the City projects. Identify the Project Manager/Coordinator, the key person
responsible for the quality and progress of the project(s), and the person who will
be the principal contact with the City. Provide a list of engineers, inspectors, and
laboratory technicians who shall be assigned to City’s projects and a statement of
their licensing and certifications. Describe the responsibilities of each person on the
project team. Indicate the availability of the project team members for the duration
of the project. Include the resume (qualification and experience) of each member
of the project team.
List the portion of the work that will be subcontracted, if applicable. Include a list of
subcontractors and testing laboratories expected to be engaged in the work, include
a description of their relevant qualifications and list their fee schedules in the
fee/cost proposal package.
PAGE 7
PART II - SCOPE OF SERVICES RFP #116372
5.Deliverables
Describe how various inspection, testing, and engineering reports shall be
submitted. Quote your standard lead-time for test completion on an after-receipt of
sample/specimen basis.
6..Experience and References
Describe recent and directly related experience performing this type of work. At
least three references should be included. Additional references may be requested.
For each reference, indicate the reference’s name, title, organization, complete
mailing address, and telephone number.
7.Cost Proposal
-Unit Cost Schedule (. Exhibit "B" )
-General Fee Schedule for all other services ( Exhibit "B" )
H.CONFLICT OF INTEREST
Consultants on this project will be required to file conflict of interest financial disclosure
statements pursuant to the Political Reform Act.
I.SELECTION CRITERIA
Proposals will be evaluated on the basis of their response to the provisions of this RFP.
The City may use some or all of the following criteria in its evaluation and comparison of
proposals:
1.Qualifications and Experience
The experience and expertise of key personnel working on the projects.
b.Ability to provide broad range of related expertise.
c.Experience in extensive interaction with City and municipal agencies.
2.Quality of Proposal
The quality/experience of the team,
The responsiveness to the requirement of the RFP.
The organization, format, and understandability of the proposal.
PAGE 8
PART II - SCOPE OF SERVICES RFP #116372
d. Demonstrated understanding of the project’s objectives and scope.
Soundness of Methodplogy
a.Use of logical, proven methodology for analyzing the information, carrying
out the tasks described in the proposal, and developing the project
deliverables.
4.Project Cost
a.Fees competitive in the current market for the quality and type of work
proposed.
Financial Stability
a. Financial stability of the consulting firm.
6.Compatibility
a. The ability of key personnel to work with staff, the public and other agencies.
The City is not liable for any costs incurred by Proposer(s) responding to this RFP.
J.CONSULTANT SELECTION
Based on the above criteria, a certain number of consultant(s) will be selected to make an
oral presentation and/or interview. The City will schedule a time and location in Palo Alto.
Recordings may be made by the City of the entire oral presentations and/or interviews.
K. LIMITATIONS
All reports and pertinent data or materials compiled or prepared in connection with this
Project shall be the sole property of the City, and may not be used or reproduced in any
form without the expressed written consent of the City.
This RFP does not commit the City to award an agreement, to pay any costs incurred in
the preparation of Proposal made in response to this RFP, or to procure or contract for
services. All Proposals submitted in response to this RFP shall become the property of the
City. The City reserves the right to accept or reject any or all of the Proposals received as
a result of this RFP, to negotiate with qualified Proposers, or to cancel in part or in its
entirety this RFP, if the City determines that it is in the best interest of the City to do so.
PAGE 9
ATTACHMENT "A"QUALITY ASSURANCE PROGRAM
1. Purpose
City of Palo Alto
Department of Public Works
Quality Assurance Program
For Federally Funded Projects
This Quality Assurance Program (QAP) is a sampling and testing program
that will provide assurance that the materials and workmanship incorporated
into the City’s street and highway construction projects are in conformance
with the contract specifications. The main elements of the QAP are
procedures for:
Acceptance Testing (AT)
Independent Assurance Sampling and Testing (lAST)
Testing of Manufactured Materials
2.Applicability
This QAP applies to ISTEA and TEA-21 funded (Federal aid) local
agency projects off the National Highway System (NHS).
2.1 On-NHS system projects are governed by Caltrans’ FHWA-approved
QAP, found in Section 16.14 of the Local Assistance Procedures
Manual, Chapter 16- Administer Construction Contracts, Section 14
- Quality Assurance Program ("LAPM-16.14").
2.2 Off-NHS system, Federally funded projects are governed by the
procedures in this City of Palo Alto QAP. Its use is mandatory for
Federal-aid projects and is recommended for other City street and
highway projects. This local QAP is based upon the requirements for
local QAPs contained in the aforementioned Section 16.14. Federally
funded projects that mix on-and-off-NHS sites should utilize the
Caltrans QAP.
Approval
The City of Palo Alto Public Works Director, who is a registered civil
engineer, has approved this local QAP. It shall be kept on project file
and available for Caltrans review.
PAGE I
ATTACHMENT "A"QUALITY ASSURANCE PROGRAM
4.Testing Required
This local QAP describes procedures for three types of required testing,
described as follows:
Acceptance Testing - procedures for regular testing of materials
entering a construction project to verify that the materials, or
products, comply with contract specifications or standards.
Independent Assurance Sampling and Testing - procedures to verify
that acceptance testing is being performed correctly by:
Verifying that equipment used for acceptance testing is properly
calibrated and in good working condition.
Witnessing sampling and testing by the Acceptance Tester.
Splitting material samples and comparing the test results
between the Acceptance Tester and Independent Assurance
Sampler and Tester.
Testing of Manufactured Materials - procedures for inspecting, accepting of
manufactured and prefabricated materials either by source inspection, job site
inspection, or certificate of compliance.
5. General Procedures and Requirements
Conduct of the sampling and testing shall follow these general procedures:
5.1 Construction Documents. Because the City does not provide its own
testing and inspection of materials, provision of such services must be
arranged prior to advertising a project and addressed appropriately in
the construction documents.
5.2 Sampling and Testing Options. The City may select from the
following sources to perform sampling and testing:
Another agency’s laboratory
Caltrans’ laboratory
Private consultant laboratory
Non-Caltrans laboratories shall have a QAP that meets LAPM-16.14
PAGE 2
ATTACHMENT "A"QUALITY ASSURANCE PROGRAM
requirements.
5.3 Engineering Charge. All laboratories shall be under theresponsible
engineering management of a California registered professional
engineer who shall certify results of tests performed under his
supervision.
5.4 Contractor Influence. The contractor shall not select or exercise any
authority over the laboratory utilized.
5.5 Certification of Laboratory Personnel. The certification requirements
of LAPM-16.14 shall apply. Generally:
Current certification is required for the following sampling and testing
personnel: construction management/inspection, local agency,
consultant laboratory and their subconsultants.
For on-NHS projects, certification shall be a "Certificate of Proficiency
for an Acceptance Tester" (MR-01 t 1), issued to an individual by the
Caltrans District Materials Engineer or their designee, based either on
Caltrans training, or on submittal of evidence of nonoCaltrans training,
experience or certification such as the "National Institute for
Certification in Engineering Technologies" (NICET).
For off-NHS projects, certification of personnel for AT and lAST shall
be either Caltrans (MR-0111 or MR-0100), NICET, or similar certificate
acceptable to the Public Works Director.
Certificates for personnel on a project shall be retained in the Resident
Engineer’s (RE) project files.
Sampling and testing by an uncertified person is acceptable only in
extreme, unforeseen emergencies, upon assurance by the Resident
Engineer that the uncertified person is competent to perform the work.
5.6 Laboratory Equipment Calibration. The City shall obtain
documentation of consultant laboratory’s calibration of its equipment in
accordance with LAPM-16.14 and nationally recognized calibration
standards. The laboratory is responsible for performing the calibrations
and providing such records to the City. Calibration records shall be
provided to the Caltrans District Materials Engineer upon request.
PAGE 3
ATTACHMENT "A"QUALITY ASSURANCE PROGRAM
Calibration of laboratory equipment and field test equipment (e.g. sand
cones, scales, moisture test, slump cones, air meters) shall occur prior
to use On a construction project and on regular appropriate intervals not
exceeding one year.
5.7 Cost Recovery. Materials testing and sampling costs are eligible to be
charged to the construction-engineering phase of the project.
5.8 Compliance. Failure to comply with the local agency QAP may result
in loss of Federal funds.
5.9 Records. City’s QAP and consultant’s QAP material records of
samples and tests, material releases, and certificates of compliance for
a project shall be incorporated into the RE’s project file. For Federally
funded projects, records shall be retained for a period of three years.
5.10 Project Certification. Upon project completion, the RE shall complete
and sign a "Materials Certificate" (Caltrans LAPM Exhibit 17-G). The
Certificate shall be submitted to the Caltrans Local Assistance Engineer
(for Federally funded projects) and retained in the project construction
files. All non-conforming materials must be explained and justified on
the Certificate.
6.Acceptance Sampling and Testing
6.1 Definition. Acceptance Testing ("AT") is defined as regular testing of
materials entering a construction project to verify compliance with
contract specifications or standards.
6.2 Timing. Sampling should begin as soon as materials are placed on a
project. Testing should be performed promptly to enable data
evaluation and necessary measures to be taken by thee IRE and
contractor.
6.3 Test Methods. Both California and American Society of Testing and
Materials (ASTM) test methods are acceptable.
6.4 Frequency. Sampling and testing shall occur in accordance with
Caltrans’ "Frequency Tables" (LAPM Exhibit 16-R), except as modified
in writing by the Director of Public Works for a specific project. The
tables are intended as a guide; the actual quality of materials tested
may justify decreasing or increasing the frequency of subsequent
PAGE4
ATTACHMENT "A"QUALITY ASSURANCE PROGRAM
similar samples and tests.
6.5 Tests to be performed. The tests to be performed shall be in
accordance with Caltrans "Frequency Tables" (LAPM Exhibit 16-R),
and the Caltrans Standard Specifications as modified by the project
Special Provisions, except a modified in writing by the Director of Public
Works.
As a guideline, the following tests comprise a minimum scope for
commonly used materials:
Aggregate Base - Sieve Analysis, Sand Equivalent, R-value, and
Durability for each new source.
Aggregate Subbase - Sieve Analysis, Sand equivalent, and R-Value
Asphalt Concrete - Sieve Analysis for aggregate sampled at the plant.
Asphalt content, Maximum Density and In-Place Density for AC
sampled at the site. (A Certificate of Compliance may be accepted for
Liquid Asphalt).
Soil- Maximum Density, In-Place Density (relative compaction) at the
site.
6.6
6.7
6.8
Concrete - Sieve analysis for aggregate sampled at the plant. (A
Certificate of compliance may be accepted for aggregate Cleanliness,
aggregate Sand Equivalent, Admixtures, and Portland Cement
concrete.) Compressive Strength (Cylinders).
Test Result Reporting Guidelines. Results should be submitted to
the RE with 3 working days of sampling, or as dictated by the
construction schedule. Results may be expedited by using fax,
telephone, or e-mail.
Summary Logs. "Material Testing Summary Logs" shall be maintained
by the RE for each material requiring multiple sampling and testing.
Log data shall include station location, test sample depth, approximate
quantity of sample material, test result, and tester.
Minor Quantities. Relatively minor quantities of materials from a
known, reliable source may be accepted without testing if:
PAGE 5
ATTACHMENT "A"
6.9
7.0
7.1
7.2
7.3
QUALITY ASSURANCE PROGRAM
The RE performs visual examination of materials, or
The manufacturer or supplier certifies that the material furnished
complies with specification requirements
Such records of acceptance shall be placed in the RE’s project files
with related inspection notes.
Examples of maximum "minor quantities" include (from LAPM-16.14):
Aggregates used for other than Portland Cement concrete: 100 tons
per day or 500 tons per project.
Bituminous mixtures: 50 tons per day or 500 tons per project.
Bituminous material: 100 gallons per project
Paint: 20 gallons per project.
Non-reinforced or clay pipe: 100 lineal feet.
Re-testing. Failing test results require re-testing to isolate the failed
area. The Log Summary shall cross-reference the retest to the initial
failed test.
Independent Assurance Sampling and Testing (lAST)
Definition. The purpose of these procedures is to verify that
Acceptance Testing is being performed correctly and reliably, and to
ensure that equipment is properly calibrated.
Applicability. lAST procedures are required for Federally funded
projects on and off the NHS system. For on - NHS projects, LAPM-
16.14 procedures apply. For of- NHS projects, the City will verify that
its consultant laboratory’s QAP includes lAST procedures for "testing
its own testers", lAST procedures are optional, and may be required
at the discretion of the Public Works Director, for non-Federally funded
projects.
lAST Testers. Only persons holding and Independent Assurance
Sampler Tester Certificate (Caltrans Form MR-0100) may perform
lAST. These may include individually certified Caltrans or City Res,
PAGE 6
ATTACHMENT "A"QUALITY ASSURANCE PROGRAM
laboratory personnel or consultant testers. Testers shall be free of
conflict of interest if also performing other testing work.
7.4 Frequency of lAST. The lAST frequency shall be as specified in the
consultant laboratory’s QAP for each project where lAST is required.
8.0 Testing of Manufactured and Assembled Materials.
8.1 Definition. This procedure provides methods for inspecting, accepting,
and testing materials that are manufactured or prefabricated off the
project site.
8.2 Certificate of Compliance. The City may accept manufactured
products, materials, or assemblies if accompanied by a Certificate of
Compliance, provided they do not involve structural integrity or public
safety. Such Certificate shall be signed by the manufacturer and shall
state that materials and workmanship conform to the specific project
specifications.
8.3 Compliance. The City or its consultant, may request Caltrans to do a
Source Inspection. As an alternative to a Certificate of Source
Inspection in accordance with LAPM-16.14 procedures.
8.4 Applicable Materials. Contract documents shall specify which
materials require a Certificate of Compliance (or optional Source
Inspection). Typical materials are listed in LAPM Exhibit 16-T.
8.5 Responsibility. The Resident Engineer shall ensure that Certificates
are furnished with material deliveries and are kept in the RE’s project
file.
8.6
8.7
Documentation. The certified materials lot number and project
number shall be identified on the certificate and on lot tags or stenciled
on the material. In addition, this data shall be referenced on the
inspector’s daily logs and laboratory reports.
Re-testing. Certified materials may be sampled and tested again on
the job site, and rejected for cause whether in place or n~t.
PAGE 7
EXHIBIT B
UNIT COST SCHEDULE
UNIT COST SCHEDULE
The quoted per hour or per test rates shall include to travel time to and from the job site.
The quoted unit costs shall also include all necessary field activities, field and laboratory
testing, scheduling of testing, report preparation and postage, vehicle mileage, travel time
and other indirect expenses.
Unit costs shall remain firm through out the Contract periods.
SCHEDULE A: July 27, 1999 to July 26, 2000
ITEM DESCRIPTION
Sieve Analysis; course and fine, per (Calif Test 202)
PricefTest $ 25.00
Sieve Analysis; course, per (Calif Test 202)
PricefTest $ 10.00
3 Sieve Analysis; fine, per (Calif Test 202)
Price/Test $
4 Sand equivalence Analysis, per (Calif Test 217)
Price/Test $ 20.00
5 Modified proctor tests per (ASTM D1557-A)
Price/Test $ 730.00
6 In place nuclear density test per (Calif Test 231)
Price/Hr $ .~5.00
7 Moisture density determinations per (Calif Test 216, part 2, 5 layers)
Price/Test $ ,~0.00
Hveem=s resistance Ar® values per (ASTM D2844, Calif Test 301 )
Price/Test $130.00
Atterberg limit test per (ASTM D423, D424)
Price/Test $ 30.00
10 Material pick-up from job sites (i.e. concrete cylinders)
Price/roundtrip $ 4.q.0C
PAGE 1
UNIT COST SC:HEDULE
11 Concrete mix design review
Price/Test $ 90.00
12 Concrete cylinder compression test of 6" x 12" cylinders per (ASTM-C390)
Price/Test $ 17.00
13 Concrete cylinders storage
Price/Test $ 17.00
14 Reinforcing steel tensile and bend test (No. 2 through No. 8 bars)
Price/Test $ 32,00
15 Reinforcing steel tensile and bend test (Bars Sized No. 10 and above)
Price/Test $ 45. oo
16 Steel fabrication inspection and weld inspection per AISC and AWS Standards
Price/Hr $ 50,00
17 Hveem compacted density of bituminous sample per (Calif Test 308)
Price/Test $,, 23,00
18 Stability of compacted bituminous mixture per (Calif Test 366)
Price/Test $ 32.00
19 Bitumen content per (ASTM 2172 or Calif Test 310)
Price/Test $ 66.00
2O Bitumen content per (Calif Test 382)
Price/Test $ 68.00
21 Gradation of extracted sample from bituminous mixture per (Calif Test 202)
Price,q’est $ 62.00
22 Polarized Light Microscopy testing for ACM
Price/Test $ 45.00 *z:)o~ not, ZncZude s~unpLLng
23 Flame Atomic Absorption Analysis for lead-based paint (NIOSH Method 7420)
Price/Test $ 40.00 *Po~ not incZ~de sampZZng £Z~e ~ $90.00/p~
24
25
X-ray Fluorescence (XRF) testing for lead-based paint
Price/Test $ 14C.00 *Do~ not include s~pLLng ~L~e
Flame Atomic Absorption Spectroscopy (EPA Method 3050A with acid digestion)
Price/Test S 4~,0o ~c,~ net include sampling ~ime ~ $90.O0/pe~ ;:,.,
UNIT COST SCHEDULE
SCHEDULE B: July 27, 2000 to July 26, 2001
ITEM
1
2
3
4
5
6
7
10.
11
12
13
DESCRIPTION
Sieve Analysis; course and fine, per (Calif Test 202)
Price/Test $ 26.00
Sieve Analysis; course, per (Calif Test 202)
Price/Test $ 72.00
Sieve Analysis; fine, per (Calif Test 202)
Price/Test $ 27.00
Sand equivalence Analysis, per (Calif Test 217)
Price/Test $ 24.00
Modified proctor tests per (ASTM D1557-A)
Price/Test $ 135.00
In place nuclear density test per (Calif Test 231 )
Price/Hr $ 5o~.00
Moisture density determinations per (Calif Test 216, part 2, 5 layers)
Price/Test $ 84.00
Hveem=s resistance Ar@ values per (ASTM D2844, Calif Test 301)
Price/Test $ 730.00
Atterberg limit test per (ASTM D423, D424)
Price/Test $ 30.00
Material pick-up from job sites (i.e. concrete cylinders)
Priceiroundtrip $45.00
Concrete mix design review
PriceFl-est S ~,0.00
Concrete cylinder compression test of 6" x 12" cylinders per (ASTM-C390)
Price/Test S 77.00
Concrete cylinders storage
PricefTest $ 17.00
14
15
16
17
18
19
20
21
22
23
24
25
UNIT COSTSCHEDULE
Reinforcing steel tensile and bend test (No.2 through No. 8 bars)
Price/Test $._.~i.~_~
Reinforcing steel tensile and bend test (Bars Sized No. "I 0 and above)
Price/Test $ 43.00
Steel fabrication inspection and weld inspection per AISC and AWS Standards
Price/Hr $ 48.00
Hveem compacted density of bituminous sample per (Calif Test 308)
PricefTest $ 20.00
Stability of compacted bituminous mixture per (Calif Test 366)
Price/Test $ 30.00
Bitumen content per (ASTM 2172 or Calif Test 310)
Price/Test $ 65.00
Bitumen content per (Calif Test 382)
Price/Test $ 65.00
Gradation of extracted sample from bituminous mixture per (Calif Test 202)
Price/Test $ 60.00
Polarized Light Microscopy testing for ACM
Price/Test $ 45.00 *Do~ no~ incZude sampling time at $90.O0/per hou~.
Flame Atomic Absorption Analysis for lead-based paint (NIOSH Method 7420)
Price/Test S 40.00 ~oe,~ not include sampling
X-ray Fluorescence (XRF) testing for lead-based paint
Price/Test $ 140.00 *~o¢~ not incZude sam.~ling ~Lme at $90.00/p~"~
Flame Atomic Absorption Spectroscopy (EPA Method 3050A with acid digestion)
Price/Test S 40.00 *~c,~ no.t not include scu~pLZng .OLme
TESTING ENGINEERS, INC.
SCHEDULE OF FEES AND CHARGES
Construction Inspection & Material Testing
HOURLY BASE LABOR RATES Per Hour
Steel, Concrete, Masom-y, Epoxy, Expansion Anchor and Soils Inspection .....................................$ 68.00
Steel Visual/NDT Combination .........................................................................................................70.00
Nuclear Field Density. .......................................................................................................................68.00
Field Inspector with Special Equipment .............................................................................................70.00
LaboratoD" Technician ......................................................................................................................70.00
Associate Engineer ..........................................................................................................................100.00
Staff Engineer ..................................................................................................................................85.00
SPECL&L SERVICES
Proof-Load Testing .......................................................................................................................70.00
Pachometer, W’mdsor Probe & Schraidt Hammer ...............................................................................80.00
Portable Digital Reinforcemcm Seamer ..........................................................................................100.00
Ultrasonic Testing for Non-Metallic Materials (Two Persons) .........................................................160.00
Pavement Rehabilitation Analysis using Deflections ........................................................................210.00
COPCCRETE AND MASONRY LABORATORY Each
Concrete:
Compression Test, 6xl 2 Cylinder ....................................ASTM Co39 .............................................20.00
Cylinder Stored and Cured (Hold Cylinders) ...................................................................................20.00
F~x’ural Test, 6×6×18 .....................................................ASTM C-78 .............................................75.00
Splitting Tensile Tests, 6x ! 2 Cylinder .............................ASTM C-496 ...........................................40.00
Unit Weight of Concr~e Cyfinder ...................................ASTM C-567 ...........................................30.00
Skrinkage ..................................................................ASTM C-157 Mod .................................350.00
Mix Design Review. .....................................................................................................................125.00
Trial Batches, Prepar~ m LaboratoD ............................................................................................370.00
Cylinder Pick-up ...............................................................................................................................45.00
Compression of Cores .....................................................ASTM C-42 .............................................49.00
Sh~crete Panel, 4 Cores & Compression ........................................................................................275.00
Grab Sample, Sealing and Storing for 60 days ..........................................................................25
Compression Test, 2" x 2" x 2" Cubes ...........................................................................................25.00
Cement Ccmtent of Harden~ Concrete ...........................................................................................400.00
Masonov
Compression, Test - Mortar 2" x ~r’ Cylinder ......................20.00
-Grout Prisms .................................................................................20.00
- Composite Grouted Prism .................................................................................75.00
-Cores ................49.00
Compression Test (Block) ..............................................ASTM C-140 ........................................68.00
Absorlmon. Mois’mre Corrtent & Unit Weigh~ (Block) .............................................72.00
Shear Tests - Bed Joint ...............................................................................................62,00
Linear Shrinkage - CMA l~pid M~lod "90.00
Linear Shfinkm.ge - British biethod ...................................................................125.00
Tensile Test - CMA Me~ahod ................................................100.00
Laboratory Tt~t Fees are Subjet’t to a $125. O0 Minimum
FEES EFFECTI;Y. ,~.IRCH I, 1979 I-HROUGH FEBRUARY 29, 2000
,t~I fees ~je~ to gasi~ of Chat~
TESTING ENGINEERS,
SCHEDULE OF FEES AND CHARGES
Construction Inspection & Material Testing
CONCRETE AND I~IASONRY LABORATORY: (cont.). Each
Brick:
Modulus of Kupmre .....................................ASTM C-67 ............: ................................50.00
ASTM C-67 .............................................35.00Compression .............................................................
Saturation Coefficient (Including Absorption) ..................ASTM C-67 .............................................50.00
~IETALLURGICAL SERVICES:
Reinforcing Steel, ASTM A-615 & A-706:
Tensile Test #3 - #8 bars .........................................................................................................35.00
Tensile Test a9 - ~1t 1 bars ............................................................................................................50.00
Tensile Test #14 bar .......................................................................................................................75.00
Stn~ctural Steel (ncrt including machining)
Tensile Tests - Specimens up to 1 sq.in.. ..........................................................................................35.00
-Specimens up to 1 1/2 sq in ........i ...............................................................40.00
- Specimens over 1 1/2 sq.in ........................................................................................60.00
Bend Tests ........................................................................................................................................25.00
Weldment Testing (not including machine)."
Tensile Test, Reduced Section ....................................................35.00
Tensile Test, Plug Weld .........................................................................................50.00
Be~d Test - side, face, root ....................................................................................25.00
Macroetch Test .................................................................................................................................75 o00
Charpy V-Notch Specimen (Room Temperature) 1 to 9 ............................................................18.00
NON-DESTRUCTIVE TESTING HOURLY RATES:
Consultation Level III ASNT ............................................................................................................90.00
Ultrascraic Testing Q0"I’) ....................................................................................................................70.00
Magnetic Particle Testing (MT) ......................................................................................................70.00
Liquid Pen~:rarrt Tes~ng (P’l’) ..........................................................................................................70.00
Radiographic Testing (RT) ...............................................................................................................80.00
P, adiographic Tes~ng (Concrete or Welding) Two Person Crew. .....................................................128.00
SOILS, AGGREGATE AND ASPHALTIC CONCRETE LABOIL~,TORY:
Soils.-
Plasticity Index .......................................................ASTM D-4318 .....................................125.00
Compaction Cur~’es ........................................................ASTM D-1557 .......................................180.00
Resis~nce (R) Value .....................................................Calif. 3~1 ................................................190.00
Cement "l’reatezl Base Field Control .................................Calif. 312 ................................................205.00
,4ggregates"
Sie~’e Analysis. Coarse .................................................ASTM C-136, Calif. 202 .........................45.00
Sieve Analysis, Fine .....................................................ASTM C-136, Calif. 202 ...................65.00
Sie~’e Analvsis~ Combmczt ....................ASTM C-136, Calif, 202 ........................!05.00
Specific Crra~’i%. Bulk $SD {Coars¢) ..............................ASTM C-127 .................................55 00
Specific Gra~%’, Bulk SSD (Fine) .............ASTM C-127 ...........................................90.00
Cleanness Value .......................................................Calif. 227 ..................................................90.00
San<t Equi~-alent .........................................................Calif. 217 ...........................................65.00
Durabilrt~" Index -- Fine ...........................................Calif. 229 ........................................80.00
Los Angel~s Rattler ......................................ASTM C-131, Calif. 211 ........................135.00
Los Angeles Rattler ...............................................ASTM 53~ ...........................................155.00
Laborato~. F~t Fe~s are Subjec~ to a $12:~.00 Minimum
FEES EFFECTItTE M.tRCH I, 1999 THRO[’GI4 FEBRUA.RJ" 29 2000
.,lll fe~ subject m Basis of Charg~
TESTING ENGINEERS,
SCHEDULE OF FEES AJVD CHARGES
Construction Inspection & ;~taterial Testing
Page 3 of 3
SOILS, AGGREGATE AND ASPHALTIC CONCRETE LABORATORY: (cont.)
Asphaltic Concrete:
StabilJt-y Tests, Hveern (2 Specimens) ..............................Calif. 366 ..................................................90.00
Stability. Tests, Marshall (3 Specimens) ...........................ASTM D-1559 .......................................130.00
Extraction, % Asphalt .....................................................ASTM D-2172 B ....................................I00.00
Gradation on Extra~ed Sample ........................................................................................................85.00
S’~,I] Test (Includes Compaction) ...................................C~lif. 305 ..................................................60.00
Unit Weight on Core ......................................................CMif. 308 ..................................................20.00
CONCRETE I2~VESTIGATION:
Coring Machine & Operator, Per Hour ...........................................................................................125.00
Coring Machine Helper, Add Per Hour .............................................................................................50.00
Coring of Shotcrete Panel in Laboratory, Per Panel ........................................................................1 I0.00
Compression of Core ......................................................ASTM C-42 .............................................49.00
ROOFENG SERVICES:
Construction Consultant (Roofing) Per Hour ..................................................................................100.00
Roofing Inspection, Per Hour ...........................................................................................................75.00
Roofing Laborator3. Technician, Per Hour .......................................................................................75.00
Laboratory Analysis - Built-Up Roofing:
Quantitative Analysis .................................................ASTM D-2829/D-4074 ...........................300.00
FIREPROOFING:
Unit Weight - Fireproofing, Each ...................................ASTM E-605 ..........................................32.00
Adhesion-Cohesicrn - Fireproofing, Each ..........................................................................................32.00
MISCELLANEOUS:
L,*~ter of Completion or Affida~-i~ by Principle Engineer, Per Hour ..................................................130.00
FOR COMPLETE LISTING OF SERVICES PLEASE CONTACT OUR OFFICF~
Laborato~’ Test Fe~s are Subject to a $125.00 Minimum
FEES EFFECTII~E MARCH l, 1999 THROUGH FEBRUARY 29, 2000
AIT feen s~abjec’t to Basis of Charges
BASIS OF CHARGES
GENERAL
Fees for tests and ir~pection include co~ of technician, normal equipment: regular reports and engin~r supervision.
Engineering services other than super~’isory will be charged at applicable rates. I~tspection se~aces are charged
portal to portal from dispatch location and may be subject to mileage charges. Fees for speci,’d projects, services
overseas, or elsewhere in the United States, will be quoted ~n request.
REPORT DISTRIBUTION
Fees for additional distribution (other than standard distribution of 4) will be charged $25.00 each set-up.
MINIMUM HOURLY CHARGES - INSPECTION
Technician personnel are members of the Operating Engineers Umon (AFL-CIO) Local No. 3 and the follov&,ag
mi.tfixnum charges are contractual conm~tments:
One-half day or less .......................................................................................................................4 hours
Over one-half day-. ..........................................................................................................................~ hours
Show-up time (no inspection performed) ..........................................................................................2 hours
WORKING HOURS AND PREMIUM TIME
Regular work day is the first 8 hours between 6:00 a.m. and 6:00 p.m. Monday through Friday. Premium time is
as follows:
O,,~rtime: weekdays and Saturdays (first 8 hours) ..............................................................$20.00 per hour
Overtime, Saturdays (over 8 hours) and Sundays (first 8 hours) ............................................30.00 per hour
Overtime, Sundays (over 8 h~urs) and Holidays ...................................................................50.00 per hottr
Shift differemial, sv,~g and graveyard .................................................................................10.00 per hour
MISCELLANEOUS CHARGES
Parking fees and bridge tolls ...........................................................................................................At Cast
Air tmvet, Subsistence, Outside Services ..............................................................................Cost plus 20%
Travel time, whea required, per hour .............................................................................................$52.00
M.ileage, per mile (Outside 35 mile Radius) .........................................................................................$.50
TESTS
Te~ag fees showaa include normal time for performing test. Samples requiring special preparation v-ill be .charged
a~ the Laboratory techrfician rate. Fees for tests not listed will be furnished upon request. There v’il! be a mininaum
charge of $125.00 for any test and report. (Establishing initial project file.)
LETTERS OF COMPLETION AND AFFIDAVITS
There is an additional charge for a Letter of Completion (required by most ciW and counD building inspection
departments), or an Affidavit (required by DSA and OSH~PD) for schools and ho~pkals.
PAYMENT
Lqvoices w511 be submitted periodically for services performed, and are payable 30 days from date of invoice.
hat~re~ of 1!,~% per month (but n<:rt exceeding the maximum rote allowable b~" law) will be payable on any amounts
n~ paid within 30 days. payment thereafter to be applied first to ~crued interest and then to the principle tmpaid
arnctmt. Attorney’s fees or other costs incurred in co!letting any delinquent a.mcrtmt shall be paid by the client.
525 (1~) per check c~harge will be added for Insufficient Funds and may incur treble damages up to the maximum
Nr eahforrua Laws (Chapter 522. Section 1719).
EXHIBIT C
CERTIFICATE oF ’LIABILITY:: INSURANCE
S. N. Potter Insurance Agy Inc
License# 0562307
P.O. Box 7187
Stockton CA 95267.0187
NSU~ES
Testing Engineers, Inc.
2811 Adeline Street
Oakland CA 94608
DAT~
0612~q99
THIS CERTIFICATE IS ISSUED AS A MATTER OF-INFORMATION
ONLY AND CONFER..; NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
American Economy Ins Co
General Star Indemnity
American Dynasty Surplus
T~JS IS TO CEPTIFY T~AT "[HE POLICIES O: INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE :OR THE POLICY PERIOD
INDIC,~TED. NOTWITHSTANDING ANY REOUIPEMENT, TERM OR CONDITION OF A’,,V CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED Bv THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUC’4 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO T~=E OF ~NSURANCE POLICY NUMB4ZR :~JL)CY EFFECTIVE POLICY EXPIRATION LIMITS.T~DATE (MMFQ Dt~f)DATE (MM.~D~
B IYG 359213 07115/98 07115/99
X COMMERCIAL GENERAL LhABLITY
CLAIMS MADE X OCCU~
X CONTRACTUAL LIABILITY
AUTOMOa~LE UAS~L:T~02 - C C" 710272 "3
ANY AUTO
~.L OWNED AUTOS
07/30/98 07/30/99
SCHEDULED AUTOS
X : HIRED AUTOS
r-~ NON-OWNED AUTOS
IXG-360775
(OVER GEN LIABILITY
AND AUTO ONLY)
10/02/98 07/15/99
GARAGE
ANY AUTO
EXCESS LI~rLII"Y
GENERAL AGGREGATE
PRODUCTS - COMRK)P
mERSDN,t~. & ADV IN~RY
EACH OCCURRENCE
~IRE DAMAGE (~y one fire)
MED ~ (~ny one
$
$
$
2,000~000
1,000,0001,0001000-
1,000,000
50,000
COMB!NED SINGLE LIUlT $I, 000,000
BODILY INJURY
(me, ~e rson;$
BODILY INJURY
PRO=ERTY D~AGE
AUTO ONLY-EAACCIDENT
OTHER TNANAUTO ONLY:
EACH ACCIDBN’T
S
$
$
$
$AGGREGATE
EACH OCCURRENCE $ 1,000,000
AGG-’~EGA~! $1,000~000
]$
wc STATU-
EL EACH ACCIDENT L $
EL D CEASE - #~ICY LIMIT $
E_ ~SE~E - ~ EMPLO~E $
. UMBR2LL~ FOqM
X OTH.== THAN UMBRELLA
WORKERS COMPENSATION AND
EMPLOYERS"
T~IE PROPRIETOR! INCL
~rofessfona[ L~abfl~y
Claims Made Coverage
Full Retroactive Date
C TER 2673027 ’07115/98 07115/99 Each Claim Limit t,000,000
Annual Aggregate 2,000,000
SIR - each claim 10,000
2ESCm~mT!DN Or C#ERATONS&OCAT~ONSNrEH CLESFJ=ECIAL rTEMS$2,500 deductible per occurrence including Loss adjustment expemse app[ies to co~ercia! general liability policy.
Tem days notice for nonpa~ent cancellation.
Certificatehclder ~s inc{uded as Additfona[ Insured for General Liabi[ity
coverage as per form CG2010 attached.
p~Scr~b~d c~y~raq~ are primary, Job ~ 108~7-~0
CER~RCA~ HOLDER
Sacrament;o Reqiona.l.. Counl;y ~anil;~l;ion I)i#~;riG1;
CANCELLATION ........:: : ....
SHOULD ANY O: THE ABOVE DESCRIBED PC’,,. C ES BE CANCEL,LED BEFORE THE
F_~IRATION DATE_ THEREO~. THE ISSUING COM#~NY WILL ENDEAVOR TO MA’,L
3__..~ DAYS ~’,’R!TTEN NOTICE TO THE CEmT::;CATE HOLDER NAMED TO THE ~’-r.
BUT FAILURE TO MA!L SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABiLIT
KIND UPON THE COMPANY. ITS AG=.~’S OR RE=RESENTATIV’ES
ACORO. CERTIFICATE OF
:efferna~ Petersen Ins Brokers
981 North Broadway, Suite 215
"alnut Creek CA 94596
~hone:925-934-8500 Fax:925-934-8278
LIABILITY INSURANC P,O I"--TESTI-I 06/22/99
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERT~IFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
iINSURERA:Clarendon Nat’l Ins. Co. /KR~
I INSURER B
Testinq ~ngin~rs, Inc.[,NSURERC:
2811 Ade±ine ~u.IINSURER~Emeryville CA 94608
!INSURER E;
OVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
GENERAL LIABILrTY
i COMMERCIAL GENERAL UABILrrY
i----’~ CL.~IMS MADE ~ OCCUR
GEN’L AGGREGATE. LIMFr AP’PtJES PER:
"~ I:K3LICY ~JEcTPRO- ~ LOC
ALITOMOBILE LIABILrI~"~ANY AUTO
ALL OWNED AUTOS
___~ SCHEDULED AUTOSHIRED AUTOS
_~ NON-OWNED AUTOS
~,~RA G E LIABILrI’Y
ANY AUTO
I~%SS LIA B~LITYUR [] CLAIMS MADE
~DEDUCTIBLE
RETENTION $
WORKERS COMPENSATE)N AND
EMPtOYERS’ LIABILITY
OTHER
F:~OLICY NUMBER
MED EXP (Any o’r~e person)
PER~ & ADV INJURY
G ENEP~L AGGREGATE
PROCK.ICTS. COMP/OP AGG
POLICY EFFECT1VP_’ POLICY EXPIRATIC~NDATE ~Dmo D~,TE rMM~C~"£ I uMn’s
EACH OCCURRENCE J $
FiRE DAMAGE (Anyone fire) t $
!,
COMBINED SINGLE LIMIT(Ea
BOO~LY INJURY(Per
02KR0001500 o4/o1199 o4/oz/oo
BO~LY INJURY(Per
PROPERTY DAMAGE
A~O ~LY -
A~O ~LY:
~ ~RRENCE
A~REGA~
~ ! T~ UM~S
EL ~ -
EL D~S~-
I000000
I000000
i000000
-CRIFTtON OF ~E~4~AT}ONS,’VEHICLE~CLUSIONS ADOED BY EN~RSEME~PEC~L PRO~SI~S
.iver of Subrogation is included for Workers’ Compensation.
RTIFICATE HOLDER I N i ADDfTE)NAL INSURED: INSURER LETTER CANCELLATION
i SHOULD ANY C.F THE ABOVE DESCRIBED POLICIES ~E CANCELLED BEFORE THE
E;tJ~IRAT’~ON DATE THEREOF, THE ISSUING INSURER WILL END~..AVOR TO MAiL
3 0 DAYS WRITTEN NO13CE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMI:K:~<"E NO Oe4JGATION OR LtABiLITY OF
ANY KiND UPO~ THE,~SURER, ITS AGENTS OR RE~RESENTAT1VES.
" ACORD CORPORATION 1988
EXHIBIT D
PART III - CERTIFICATION OF NONDISCRIMINATION
;
FOR..
Project:Soils and Materials Testing Services
Certification of Nondiscriminatio.n: As suppliers of goods or services 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, sex, 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.
Title of Officer Signing:
Si@nature ........... Z ~~
DATE:
’~ITY OF ’PALo ALTO: CERTIFICATION OF NONDISCRIMINATION .....