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HomeMy WebLinkAboutCC RESO 15,959RESOLUTION NO. 15,959 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN TESTING ENGINEERS-SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PROVIDING MATERIAL TESTING SERVICES FOR THE WIDENING AND RECONSTRUCTION OF THE SOUTH BAY FREEWAY FROM REO DRIVE TO THE EASTERN CITY LIMITS (SPECIFICATION NO. 1026) BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between Testing Engineers -San Diego and the City of National City, (attached hereto as Exhibit "A"), for providing material testing services for the widening and reconstruction of the South Bay Freeway from Reo Drive to the eastern City limits (Specification No. 1026). PASSED and ADOPTED this 23rd day of May, 1989. " tea GEORGE WATERS, MAYOR ATTEST: LORI ANNE PEOPLES. CITY CLERK 4 APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TESTING ENGINEERS - SAN DIEGO THIS AGREEMENT is entered into this 23rd day of May 1989, by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and Testing Engineers - San Diego (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish Construction Material Testing Services and WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. EMPLOYMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth, in accordance with all terms and conditions contained herein. The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. II. SCOPE OF SERVICTS. THE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work). Consultant services requiring court appearances are not considered a part of the normal work subject to compensation and payment listed in Section IV. Rev. 9/6/88 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff, Planning Commission and City Council advised of the progress on the project. III. PROJECT COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director, to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Kirk Ammerman hereby is designated as the Project Coordinator for the CONSULTANT. IV. SENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall be paid for at the rates given in Exhibit "B" with the total cost not to exceed $30,000.00 without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and Leutitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the Exhibit "A" (Scope of Work) as determined by the CITY. V. LENGTH OF CONTRACT. Length of the contract is the same as the length of the project. The contract between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Exhibit "A". Rev. 9/6/88 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS. CONSULTANT agrees that all original drawings, reports, field and office notes, calculations, naps and other documents, shall be turned over to the CITY prior to the completion of the PROJECT. VII. INDEPENDENT CONSULTANT: Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. CONSULTANT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of CONSULTANT and CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by CONSULTANT without the prior written consent of the CITY ENGINEER. Nothing herein contained is intended to prevent CONSULTANT from employing or hiring as many employees as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. VIII. CONTROL Neither CITY nor officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employee's except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to CITY wholly independent CONSULTANTS and that the CONSULTANT'S obligations to CITY are solely such as are prescribed by this Agreement. Rev. 9/6/88 -3- IX. COIPLIANCE WITH APPLICABLE LAW: CONSULTANT, in the performance of the services to be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. X. STANDARD PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to insure that applicants are employed without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of eanpensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. The CITY may terminate this Agreement at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The CONSULTANT may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the CITY under the terms of this Agreement, up to the effective date of termination. In the event of litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. Rev. 9/6/88 -4- XI. INDEMNIFICATION, DEFENSE, FOLD HARMLESS. CONSULTANT hereby agrees to indemnify and hold harmless CITY, its officers, and employees, fran and against liability► damages, costs, losses, claims and expenses, resulting directly from CONSULTANT'S negligent performance of this agreement (including, but not limited to such liability, cost, damage, loss, claim, or expense arising fran the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY; or damage to the property of CONSULTANT, subcontractor, or of CITY, or of any agent or employee of CONSULTANT, subcontractor, or of CITY), except where such liability, damages, costs, losses, claims or expense are caused by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omission or cannissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. XII. WORKER'S COMPENSATION Consultant shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY fran and against all claims demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this agreement. Rev_ 9/6/88 -5- • XIII. INSURANCE In addition to the Worker's Compensation insurance and CONSULTANT'S agreement to indemnify fy CITY, OJNSULTANP shall furnish to CITY and maintain in force until the completion of PROJECT a policy of general liability insurance in Which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with PROJECT. The policy shall provide coverage in not less than the following amounts: Combined single limit bodily injury aryl/or property damage of $300,000 per occurrence. Such insurance coverage which may be applicable to the loss shall be deemed excess coverage and CONSULTANTS insurance shall be primary. CONSULTANT shall also furnish to CITY and maintain in force until the completion of PROJECT a policy of Errors and Omissions Insurance for $100,000. A certificate of all such insurance policies required by this agreement shall be delivered to the Engineering Department prior to the cairnencement of any work. No such insurance shall be cancelled or modified without thirty (30) days' prior written notice to CITY. XIV. OTHER CONSIDERATION. Nothing contained herein shall prevent CONSULTANT fran carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor fran performing similar services for other agencies, cities, districts or public or private entities. XV. CONTENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. Rev. 9/6/88 -6- XVI. NOTICES. All catinunications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: City Engineer City of National City 1243 National City Boulevard National City, Ca 92050 rIESITIC ENE1INFFRS Consultant Name P.O. HX R09R5 Address SPN DTBD, CA 9213R IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY CONSULTANTS NAME BY: Mayor George Waters ATTEST: BY: Lori Peoples, City Clerk Rev. 9/6/88 -7- BY: APPROVED AS TO FORM George H. Eiser, HI City Attorney IDEOBIT "A" SOOPE OF WORK 1. Perform job -site material sampling and testing with a minimum notice of 24 hours. 2. Inspect batch plants for portland cement concrete and asphalt concrete. 3. Test all other materials required to be tested by the State Standard Specifications, 1984 Edition except those commercial products whose inspection will be performed by Caltrans. 4. All the testing documents and certifications to be prepared and certified by a California Registered Civil or Soil Engineer. 5. The actual number of tests and hours of inspection required are dependent upon the project schedule and conditions. EXHIBIT "B" The services will be provided on a time and materials basis with a not to exceed fee of $30,000.00. The fee is based on the following breakdown: SOILS o Field Density Testing by Nuclear Methods $ 37.20/hour o Maximum Density -Optimum Moisture (per soil) $116.25 each o Sieve Analysis (for structure backfill) $ 45.60 each CONCRETE o Tag and Sample Reinforcement Steel $ 35.30/hour o Reinforcement Steel Material Testing o Tensile Testing (per specimen) $ 25.10 each o Bend Testing (per specimen) $ 20.50 each o Concrete Batch Plant Inspection $ 35.30/hour o Sampling Fresh Concrete at the Jobsite $ 35.30/hour o Sample Pickup $ 29.75/hour o Compressive Strength Testing (set of 3 cylinders) $ 35.60/set o Material Sampling for Conformance Testing $ 29.75/hour o Los Angeles Rattler (per sample) $111.60 each o Cleanness Value $ 53.00 each o Sodium Sulfate Soundness (per sample) $106.95 each o ' Durability Tests o Coarse Aggregate (per sample) $ 83.70 each o Fine Aggregate (per sample) $ 60.45 each o Organic Impurities (per sample) o Sand Equivalent (per sample) $ 23.25 each 60.45 each o Mortar Strength Relative to Ottawa Sand (per sample) $166.00 each ASPHALTIC CONCRETE o Asphaltic Concrete Batch Plant Inspection $ 37.20/hour o Material Sampling for Conformance Testing $ 29.75/hour o Percentage of Crush Particles (per sample) $ 93.00 each o Los Angeles Rattler (per sample) $111.60 each o Sand Equivalent (per sample) $ 60.45 each o Film Stripping (per sample) $ 46.50 each o Kc and Kf Factors (per sample) $250.00 each o Swell (per sample) $116.25 each o Moisture Vapor Susceptibility (per sample) $139.50 each o Stabilometer Value (per sample) $ 93.00 each The City will be billed only for actual work performed by the Consultant. These figures do not include: the costs of retests; reinspection, work performed on overtime, holidays or weekends; or, tests of alternate sources of material. • Form W-9 (October 1983) t`!partment of theTrrasury ,real Revenue Service Name as shown on account (if joint account. also give joint owner's name) 1 1 e Payer's Request for Taxpayer Identification Number Address City. State. and ZIP code list account number(s) here (See Instructions) ►_ .....».» .. ...... ......... ... . PART 11: Backup Withholding On Accounts Opened After 12/31/83 Check the box if you are NOT subject to backup withholding under the provisions of section 3406(aX1XC) of the Internal Revenue P. a Code (See Highlight below.) Certification. —Under the penalties of perjury. 1 certify that the information provided on this form is true, correct, and complete. PART I. —Taxpayer Identification Number Enter the taxpayer identification number in the appropriate box. For most individual taxpayers. this is the social security number. Note: If the account is in more than one name, see the chart on page 2 forguidelines on which number to give the payer. a ISocial security number • OR 'Employer identification number • Signature ► IND Date I. Instructions (Section references are to the Internal Revenue Code.) Highlight for Interest or Dividend Accounts Opened After 12/31/83—Backup Withholding tou may be notified that you are subject to backup withholding under section 3406(a)(1XC) because you have underreported interest or dividends or you were required to but failed to file a return which would have included a reportable interest or dividend payment. tf you have NOT been so notified, check the box in PART 1I. Note: Backup withholding may apply to existing accounts as well as accounts opened after December 31. 1983. Caution: There are other situations where you may be subject to backup withholding. Please read the instructions below carefully. Purpose of Form Usrrecord owner of this form to he accrt oune taxpayer to the payer (or broker). ion number (TIN) of the Beginning January 1, 1984. payers must generally withhold 20% of taxable interest. dividend. and certain other payments if you fail tofumish payers with the correct taxpayer identification number (this is referred to as backup withholding). For most individual taxpayers, the taxpayer identification number is the social security number. To prevent backup withholding on these payments. be sure to notify payers of the correct taxpayer identification number and, for accounts you open atter December 31,1983. properly certify that you are not subiect to backup withholding under section 3406(aX1XC). You may use this form to certify that the taxpayer identification number you are giving the payer is correct and, for accounts opened atter December 31.1983. that you are not subject to backup withholding.. 1f the payer provides a different form than Form W-9 to request the taxpayer identification number. please use it. Backup Withholding You are subject to backup withholding if: (1) You fail to furnish your taxpayer identification number to the payer, OR (2)The Internal Revenue Service notifies the payer that you furnished an incorrect taxpayer identification number. OR ct You arenotified 3406(aX1XC)), ouaresubjecttobackupw.:hholding(under se (4) For an interest or dividend account opened after December31. 1983. you fad to certify to the payer that you are not subject to backup withholding under (3) above, or fail to certify your taxpayer identification number. For payments other than interest or dividends, you are subject to backup withholding only if (1) or (2) above applies. (See the section on the back titled "Payees Exempt from Backup Withholding.") Payments of Interest, Dividends, and Patronage Dividends Accounts Opened Before January 14984 To certify that the taxpayer identification number is correct for accounts opened before January 1, 1984, fill out your name and address, enter your account number(s) (11 applicable), complete Part I, sign and date the form and return it to the payer. Accounts Opened After December 31.1983 To certify that the taxpayer identification number is correct and that you are not subject to backup withholding under section 3406(a)(1XC) for accounts opened after December 31,1983, fill out your name and address, enter your account number(s) (if applicable), complete Parts 1 and II, sign and date the form and return it to the payer. If you are subject to backup withholding and are merely providing your correct taxpayer identification number to the payer, fill out your name. address, enter your account number(s) (d applicable). and complete Part 1. Other Payments If you are merely providing your correct taxpayer identification number to the payer for payments other than interest, dividends, and patronage dividends, you need not sign this form. Fill out your name and address, enter your account number(s) (if applicable), complete Part 1 and return the form to the payer. Account Numbers • If you have morethan one account with the same payer (for example, a savings account and a certificate of deposit at the same bank). the payer may request a separate Form W-9 for each account depending on how the payer's records are kept. What Number to Give the Payer Give the payer the social security number or employer identification number of the record owner of the account. I1 the account belongs to you as an individual. give your social security number. If the account is in more than one name or is not in the name of the actual owner, see the chart on page 2 for guidelines on which number to report. Obtaining a Number 1f you don't have a taxpayer identification number or you don't know your number. obtain Form SS-5. Application for a Social Security Number Card. or Form SS-4, Application for Employer Identification Number, at the local office of the Social Security Administration or the Internal Revenue Service and apply for a number. Write 'applied for- in Part I in place of your number. When you get a number, submit a new Form W9 to the payer. Form W9 (10 3) (Give this form to the payer. not to the Internal Revenue Se rvice) Page 2 Form W 9(10-83) Penalties (1) Penalty for Failure to Furnish Taxpayer Identification Number. —If you fail to furnish your taxpayer identification number to a payer, is due subject to a penalty of $50 for each such failure unless your to reasonable cause and not to willful neglect. (2) Failure to Report Certain Dividend and Interest Payments. —If you fail to include any portion of an includible payment for interest, dividends. or patronage dividends in gross income, such failure will be treated as being due to negligence and will be subject to a penalty of 5% on any portion of an underpayment attributable to that failure unless there is clear and convincing evidence to the contrary. (3) Civil Penalty for False Information With Respect to Withholding.-0 you make a false statement with no reasonable basis which results in no imposition of backup withholding, you are subject to a penalty of S500. (4) Criminal Penalty for Falsifying Information. —Falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Payees Exempt from Backup Withholding Payees specifically exempted from backup withholding on AU. payments include the following: • A corporation. • A financial institution. • An organization exempt from tax under section 501(a). or an individual retirement plan. • The United States or any agency or instrumentality thereof. • A State. the District of Columbia. a possession of the United States, or any subdivision or instrumentality thereof. • A foreign government. a political subdivision of a foreign government, or any agency or instrumentality thereof. • An international organization or any agency nr instrumentality thereof. • A registered dealer in securities or commodities registered in the U.S. or a possession of the U.S. • A real estate investment trust. • A common trust fund operated by a bank under section 584(a). • An exempt charitable remainder trust, or a non-exempt trust described in section 4947(aX1). • An entity registered stall times under the Investment Company Act of 1940. • A foreign central bank of issue. Payments of dividends and patronage dividends not generally subject to backup withholding include the following: • Payments to nonresident aliens subject to withholding under section1441. • Payments to partnerships not engaged 'ma trade or business in the U.S. and which have at least one nonresident partner. • Payments of patronage dividends where the amount received is not paid in money. • Payments made by certain foreign organizations. Payments of interest not generally subject to backup withholding include the following: • Payments of interest on obligations issued by individuals. Note: You may be subject to backup withholding if this interest is $600 or more and is paid in the course of the payer's trade or business and you have not provided your correct taxpayer identification number to the payer. • Payments of tax-exempt interest (including exempt -interest dividends under section 852). • Payments described in section 6049(b)(5) to nonresident aliens. • Payments on tax-free covenant bonds under section 1451. • Payments made by certain foreign organizations. Exempt payees described above should file Form W-9 to avoid possible erroneous backup withholding. Because certain payments exempt from backup withholding are nevertheless subject to information reporting, if you file this form with the payer, furnish your taxpayer identification number, write "exempt" on the face of the form, and return it to the payer. If the payments are interest, dividends, or patronage dividends, also sign and date the form. Certain payments other than interest, dividends, and patronage dividends that are not subject to information reporting are also not subject to backup withholding. For details, see the regulations under sections 6041, 6041A(a), 6045. and 6050A. Privacy Act Notice.— Section 6109 requires most recipients of dividend. interest, or other payments to give taxpayer identification numbers to payers who must report the payments to IRS. IRS uses the numbers for identification purposes. Payers must be given the numbers whether or not recipients are required to file tax returns. Beginning January 1, 1984. payers must generally withhold 20% of taxable interest, dividend, and certain other payments to a payee who does not furnish a taxpayer identification number to a payer. Certain penalties may also apply. Guidelines for Determining the Proper Identification Number to Give the Payer.- Social security numbers have nine digits separated by two hyphens: i.e..000-00-0000. Employer identification numbers have nine digits separated by only one hypheh: i.e.. 00.0000000. The table below will help you determine the number to give the payer. For this type of account: Give the SOCIAL SECURITY number of- 1. 2. An individual's account Two or more individuals (joint account) 3. Husband and wife (joint account) 4. Custodian account of a minor (Uniform Gift to Minors Act) 5. Adult and minor (joint account) 6. Account in the name of guardiarior committee for a designated war ; minor, or incompetent person 7. a. The usual revocable savings trust account (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under State law 8. Sole proprietorship account The individual The actual owner of the account or, if combined funds, any one of the individuals' The actual owner of the account or, if joint funds, either person 1 The minor2 The adult or, if the minor is the only contributor, the minor' The ward, minor, or incompetent persons The grantor -trustee' The actual owner' The owner' For this type of account: Give the EMPLOYER IDENTIFICATION number of- 9. A valid trust, estate, or pension trust 10. Corporate account 11. Religious, charitable, or educational organization account 12. Partnership account held in the name of the business 13. Association, club, or other tax-exempt organization 14. A broker or registered nominee 15. Account with the Department of Agriculture in the name of a public entity (such as a State or local government, school district, or prison) that receives agricultural program payments Legal entity (Do not furnish the identifying number of the personal representative or trustee unless the legal entity itself is not designated in the account title.)5 The corporation The organization The partnership The organization The broker or nominee The public entity ' list first and circle the name of the person whose number you furnish. e Circle the minor's name and furnish the minor's social security number. a Circle the ward's, minor's, or incompetent person's name and Iumist. such person's social security number. • Show the name of the owner. • List first and circle the name of the legal trust, estate. or pension trust. Note: If no name is circled when there is more than one name, the number will be considered to be that of the first name listed. 1