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HomeMy WebLinkAboutCC RESO 16,057RESOLUTION NO. 16,057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH PACIFIC ENGINEERING TO PROVIDE SOILS AND MATERIALS SERVICES TO THE CITY BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Agreement By and Between the City of National City and Pacific Engineering Laboratories, Inc. A copy of said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 1989. �D .� . ur l.L. � .■ e. George H. Waters, Mayor ATTEST: Lor Anne Peoples, C ty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PGREFMENr BY AND BETWEEN THE CPT O NATIQIAL CITY AND PACIFIC ENGINEERBV LABCRATCRIES, INC. THIS AGREEMENT is entered into this 22nd day of August, 1989, by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and PACIFIC II E INC IABON ACRIF.S, INC. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish SOILS AND MATERIALS TFSEDIG 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 perfor«directly by the CONSULTANT, or under direct supervision of the CONSULTANT. II. SCOPE OF SERVICES. THE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work) and Exhibit '$" Specifications and supplementary ooriditicos. Work to be done by others is set forth in the attached Exhibit "C". Consultant services requiring court appearances are not considered a part of the normal work subject to compensation and payment listed in Section IV. Rev. 6/26/89 t2g4m 16/7-13-7 -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 sup°rvision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. John P. Sipp Jr. and Byron A dk.Lbut hereby are designated as the Coordinators for the CONSULTANT. IV. COMPENSATION 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 "D". Monthly invoices will be processed for payment and remitted 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. This agreement and terms thereof are to be in effect for until June 30, 1990, unless a time extension is agreed upon by both parties. Rev. 6/26/89 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS. CONSULTANT agrees that all original drawings, calculations, maps and other documents, shall be turned over to the CITY after cxepletien of each testing. VII. INDEPENDENT CONSULTANT: of this Agreement will be acting reports, field and office notes, Both parties hereto in the performance 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 canpetence 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. 6/26/89 -3- IX. COMPLIANCE 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 compensation, 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. 6/26/89 -4- XI. INDEv1NIFICATION, DEFENSE, HOLD 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 fran 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 Cor1P 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. 6/26/89 -5- XIII. INSURANCE In addition to the Worker's Compensation insurance and CONSULTANT'S agreement to indemnify CITY, CONSULTANT shall furnish to CITY and maintain in farce until the completion of PROJECT a policy of general liability insurance in which CITY is named as an aaaitional 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 and/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 this Contract 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 commencement 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 from carrying on its usual business, including the performance of other araitional services for the CITY, should the CITY desire aaaitional services, nor from 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. 6/26/89 -6- XVI. NOTICES. All communications 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 PACIFIC ENGINEERING LABORATORIES, INC. Consultant Name 1050 PIONEER STE. E Address EL CAJ(}T, CA 92020 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: Ll..� George Waters, Mayor ATTEST: BY: Lori Peoples, City Clerk Rev. 6/26/89 -7- BY: EXHIBIT A "SCOPE OF WORK" 1. Services will consist of providing soils and materials testing services during design and construction phases of the City's Capital Improvements Projects. Fee will include all necessary resources including labor, equipment, material, and transportation required to provide these services. 2. Projects may vary in scope and magnitude fran $5,000.00 to $1,000,000.00 construction costs. The City is not obligated to contract all the soils and materials testing to the retained consultant. 3. Request for services will be made with a minimum notice of (24) twenty four hours by the City. This notice will cover all the necessary office work required to be performed prior to field work. 4. Soils and materials testing work will be accomplished according to the Standard drawings and Specifications (San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, etc.) governing a particular project. 5. Adequate number of crews will be provided to deliver the service efficiently and in timely fashion. EXHIBIT - B - SPECIFICATIONS AND SUPPLEMENTARY CONDITIONS FOR CONCRETE, ASPHALT CONCRETE AND SOILS TESTING SERVICES SECTION A. - SOILS TESTING 1. Laboratory Method C. 2. Density of Soil with ASTMD-1556. in Place tests in accordance with ASTM D-1557, by the Sand -Cone method in accordance 3. Density of Soil and Soil Aggregate in place by the Nuclear method in accordance with AS'I!•i D-2922. 4. Moisture content of. Soil and Soil Aggregate in place by the Nuclear method in accordance with ASTM D-3017. The work shall be paid for on a per test basis which shall include all costs such as testing, travel time, reports, etc. Tests 3 and 4 are to be canbined and paid for as one test. There will be a minimum of 3 tests per trip for any combination of tests 2 or 3 and 4. SECTION B. -CONCRETE TESTING 1. Canwressive Strength of Cylindrical Concrete Specimens in accordance with ASTM C-39. The work shall be paid for on a per costs such as testing, travel time to specimens, furnishing test cyclinders, by City personnel. test basis which shall' include all pick-up samples, reports, storing of etc. Concrete samples will be taken btu.LiON C. - ASPHALT CONCRETE TESTING 1. Quantitative Extraction of Bitumen from Bituminous Paving Mixtures in accordance with ASTM D 2172, Method B. 2. Sieve or Screen Analysis of Fine and Crse Aggregates in accordance with ASTM C 136. 3. Sand Equivalent Value of Soils and Fine Aggregate in accordance with ATM D 2419. 4. Bulk Specific Gravity of Compacted Bituminous Mixtures Using Saturated Surface - Dry Specimens in accordance with ASTM D 2726. 5. Maximum Density Determination of Asphalt Concrete by the Marshall Method in accordance with ASTMD 1559, paragraph 3.5 and 3.6. -1- Density a 6. Density of Bituminous Concrete in Place by Nuclear Method in accordance with A an D 2950. The work shall be paid for on a per test basis which shall include all costs such as testing, travel time, reports, etc. Tests 4 and 5 are to be combined and paid for as one test. There will be a minimum of 5 tests per trip for test 6. SECTION D. - PLANT INSPECTION Provide full-time plant inspection of Asphalt Concrete and Portland Cement Plants to assure proper operation, and proportioning in accordance with requirements of project specifications. Including certification and reports of monitoring and required corrections and adjustaelits. Payment shall be per hour for time spent at the plant. SECTION E. - "R" VALUE TESTS "R"esistance Value Tests of Soils in accordance with ASTti1 D-1557 shall be provided on samples of material selected by the City and picked up by the Laboratory at the site or at City Hall.Test results reported shall include a description of the materials, "R" value at containers shall be supplied by the laboratory. SECTION F. 1. SCHEDULING OF WORK: The City will schedule work on a prior day basis, with the expectation of availability of a technician not more than one hour later than the desired tine. When necessary and where possible, the City will coordinate work to allow use of a single technician, but is under no obligation to do so. The City may schedule or reschedule work on a sane day basis if a technician is available. The City will not be liable for any tests where cancellation occurred at least two hours prior to the schedule time. 2. AVAILABILITY OF WORK: The technician is expected to be at the work site within 15 minutes after the scheduled time. The work site will be available for testing within 15 minutes after the technician arrives. In the event that the site is not ready for testing within that time, or in the event that the technician cannot maintain a testing rate of 5 minutes per A.C. compaction test, 15 minutes per nuclear soil test, or 30 minutes per sand cone canpacticn test due to no fault of his own, the City inspector may at his option: Place the technician on standby at the unit price per hour, or; release the technician with the tests completed to that time or the minimum test chargeable whichever is greater. Standby time will be paid at 15 minute intervals. -2- 3. REPORTS: Compaction test results will be made available in the field at the time of testing where sampling for maximum densities was made available two days prior to testing of soils and aggregates and the same day for asphalt concrete. With later notice of availability, canpaction test results shall be available no later than the next day. Formal reports should be prepared and submitted as soon as that segment of work is completed or when requested by the City. 4. PAyMENT: Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports. Billing should be submitted with and make reference to each test report, itemized as to unit cost and total billed, and should be billed individually against each purchase order. The purchase order number, project title, and specification number shall be clearly identified on each bill. Bills that are not complete as required in this section shall be returned unpaid. 5. CANCELLATION OF THE CONTRACT: Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written unilateral action of either party. -3- EXHIBIT C "'WORK TO BE DCHE BY OARS" 1. The City will provide copies of project plans and specifications as required. EXHIBIT - D- PROPOSALS FOR CONCRETE, ASPHALT CONCRETE AND SOILS TESTING SERVICES - CITY OF NATIONAL CITY FY 89-90 SECTION A. - SOILS TESTING 1. Laboratory Maximum Density Test (A1) 2. Density of soil in place by the sand -cone method (A2) 3. Density of Soil and Soil Aggregate in place by the Nuclear Method and Moisture Content of Soil and Soil Aggregate in place by the Nuclear method (TO be counted as one test) (A 3 & 4) SECTION B. - CONCRETE TESTING 1. Comprehensive Strength of Cylindrical Concrete specimens (To include vendor -furnished specimen cans) SECTION C. - ASPHALT CONCRETE TEST 1. Quantitative Extraction of Bitumen from Bituminous Paving Mixture (C1) Cost Per Test $ 65.00 $ 25.00 $ 20.00 $ 50.00 2. Sieve or Screen Analysis of Fine and Coarse Aggregates (C?) $ 25.00 3. Sand Equivalent Value of Soils and Fine Aggregate (C3) $ 30.00 4. Bulk specific Gravity of Compacted Bituminous Mixture using Saturated Surface -Dry Specimens and Maximum Density Determination of Asphalt Concrete by the Marshall Method (TO be counted as one test) (C4 & 5) 5. Density of Bituminous Concrete In Place by Nuclear Method (C6) SECTION D. - PLANT INsYYJC:l'.ON SECTION E. - "R" VALUE 115 SECTION F. - STANDBY TIME (See F2) $ 50.00 $ 15.00 $ 30.00 /ER $ 150.00/m r $ 28.00 /H,q THE ABOVE FEES INCLUDE ALL THE NECESSARY RESOURCES INCLUDING LABOR, EQUIPMENT, MATERIALS, AND TRANSPORTATION REQUIRED TO PROVIDE THESE SERVICES. form W-9 (0clu.:.r 1983) Department oftheTreas. y Internal Revenue Service Payer's Request for Taxpayer Identification Number I a I Name as shown on account (if joint account, also give joint owner's name) Address City. State, and ZIP code List account number(s) here (See Instructions) P. PART 1.—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 for guidelines on which number to give the payer. a Social security number • • OR Employer identification number • PART II. —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 Code ► (See Highlight below.) Certification. —Under the penalties of perjury, I certify that the information provided on this form is true, correct, and complete. Signature P. Date ► Instructions (Section references are to the Internal Revenue Code.) Highlight for Interest or Dividend Accounts Opened After 12/31/83—Backup Withholding You may be notified that you are subject to backup withholding under section 3406(aX1)(C) 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. If you have NOT been so notified, check the box in PART II. 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 - Use this form to report the taxpayer identification number (TIN) of the record owner of the account to the payer (or broker). Beginning January 1, 1984, payers must generally withhold 20% of taxable interest, dividend, and certain other payments if you fail to furnish 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 after December 31.1983, properly certify that you are not subject 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 after December 31,1983. that you are not subject to backup withholding.. If the payer provides a different form than Form W9 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 (3) You are notified that you are subject to backup w: hholding (under section 3406(aX1XC)), OR (4) For an interest or dividend account opened after December 31, 1983. you fail to certify to the payer that you are not subject to backup withholding under (3) above, or tail to certify your taxpayer identification number. For payments other than interest or dividends, you are subject to backup withholding only it (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 1, 1984 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) (if 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) (if applicable), and complete Part I. 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 more than 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 W9 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. If 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 If 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. (Give this form to the payer, not to the Internal Revenue Service) Form W9 (1683)