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HomeMy WebLinkAbout2007 CON Kleinfelder West - Street Resurfacing Project FY 06-07AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC. THiS AGREEMENT is entered into this 5th day of June, 2007, by and between the CITY OF NATIONAT. CT1'Y, a municipal corporation (the "CITY"), and Kleinfelder West, Inc.. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide materials testing services for the National City Street Resurfacing Project, FY 06-07. Wi-IEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in materials testing work, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW. THEREFORE, THE PARTIES IIERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR 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 the CiTY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR. from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so. the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alberto Gricgo, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CiTY and will monitor the progress and execution of this Agreement. 1'he CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ron Thomson is hereby designated as the Project Director fbr the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall he 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 not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will he processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. I'he CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (120) one hundred and twnty working days from the date the agreement is entered. Therefore the final report shall he submitted no later than Thursday. November 29, 2007. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda. Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CiL'Y upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not he unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CON'TRACTOR's written work product for the CII Y's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 7 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CT1'Y for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will he acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONI RACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WiTH APPi.ICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. "I -he CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The C'ON'IRACI'OR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 3 of this Agreement, any license. permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF' CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of hann arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products. treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY. or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CiTY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use duc diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially' reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap. or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. 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 CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the Cfl'Y setting forth the provisions of this non-discrimination clause. 13. CONFIDENTiAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of' confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CiTY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLI) HARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's ices and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to he performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of S1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of S1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONST JLTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CiTY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CiTY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. if required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the Citv's Risk Manager. J. This Agreement shall not take effect until certilicate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. if the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's tees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. if a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed S25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof that does not exceed S25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 6 Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall he borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. 13. This Agreement may also he terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CTTY. C. Termination with or without cause shall he effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and he delivered to the CITY, and the CONTRACTOR shall he entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRAC"TOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CiTY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, lacsitnilc or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 7 To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Ron Thomson, Operations Manager 5015 Shoreham Place San Diego, CA 92122 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall he deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CiTY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 13. Counterparts. This Agreement may he executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 8 C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, arc not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. ,Vo Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Inhibits and Schedules. 'the following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. ■ Exhibit A — Scope of Services and Fee Schedule h. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. II. Applicable Law. This .Agreement shall he governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall he binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Maydr APPROVED AS 10 FORM: Georee II. iser. I11 City Attorney 10 Kleinfelder West, Inc. (Two signatures required) By:i'<_.) By: ems,' ttl EXHIBIT "A" KLEINFELDER EXPECT MORE''' May 17, 2007 Proposal No. 83446 C. Alberto Griego City of National City 1243 National City Boulevard National City, California 91950 Subject: Proposal to Provide Testing Laboratory Services Project: National City Street Resurfacing Project, FY 06-07 National City, California Specification No. 06-03 Dear Mr. Griego: INTRODUCTION We are pleased to submit our proposal to provide Testing Laboratory services for the subject project. In preparing this proposal we have utilized project specifications. While a detailed construction schedule were not available at the time we prepared this proposal we have relied on the 120 working day schedule noted in the project specifications. SCOPE We understand that our scope will primarily be: • As -requested compaction testing for asphaltic concrete paving; • Sampling emulsion aggregate slurry for field consistency testing and laboratory testing of wet track abrasion, oil content, and water content; • Laboratory maximum density testing; and • Preparation of a final compaction test summary report. Additional services we are prepared to provide if requested include: • Conformance testing of asphaltic concrete including stabilometer, oil content, and sieve analysis. P-83446/SDI7P107 Copyright 2007 Kleinfelder Page 1 of 2 May 17, 2007 KI I INI ELL)ER Ol SL-nreiidni P1,1(e San l)icg u. L:1 ')?1_':' ,8;8 ; 2U_2O(IO :858, 320-200: tdy FEES Fees for our services will be charged on a time -and -materials basis at the rates and terms currently under contract with the City. No charges will be assessed for vehicle, mileage, or standard test equipment. BUDGET For budgeting purposes we have prepared an Estimated Budget of $32,300. The following are the schedule assumptions we used in arriving at our estimated budget: 1. We will be scheduled for 100 hours of compaction testing; 2. We will be scheduled for 100 hours of slurry seal sampling; and 3. We will be requested to perform conformance testing on 40 slurry seal samples. Our budget does not include costs for overtime or retesting. APPROACH All services will be provided at the request and direction of the City of National City's designated representative. Our field personnel will prepare reports in triplicate each site visit outlining hours, work performed, and test results. Copies of these reports will be given to the on -site representative designated by the City. Copies of these reports as well laboratory test reports will be mailed weekly to the City's Project Manager. Any failing tests or non -conforming work observed will be brought to the immediate attention of the City. CLOSURE We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact our office if you have any questions or need additional information. Sincerely, KLEINFELDER WEST, INC. Ronald C. Thomson Operations Manager RCT:rp Enclosures: Estimated Budget Fee Schedule P-83446/SDI7P107 Page 2 of 2 Copyright 2007 Kleinfelder KLEINFFI1) F R 7,015 Shoreham Place, San Diego, CA 97122 320-2 C0 R;81 52(1-2001 ias May 17, 2007 KLEINFELDER Estimated Budget National City Street Resurfacing Project, FY 05-06 National City, California 302 — 4 Emulsion — Aggregate Slurry $ 22,000.00 Includes 100 hours field sampling and testing; 40 wet track abrasion tests; 40 oil content tests; and 40 moisture content tests. 302 — 5 Asphalt Concrete Pavement $ 8,000.00 Includes 100 hours compaction testing; 4 hours Supervisory Technician; and 2 maximum density tests. Office $ 2,300.00 Includes 4 hours Project Manager; and Final compaction test summary report. Total Estimated Budget: $ 32,300.00 Optional Extra 302 — 5 Asphalt Concrete Pavement Includes 20 extraction and gradation tests; and 20 Hveem stability tests. $ 6,500.00 Total Estimated Budget: $ 6,500.00 P-83446/SDI7P107 May 17, 2007 Copyright 2007 Kleinfelder DATE (MM/DD/YY) CERTIFICATE OF LIABILITY INSURANCE 06/71/2007 AC PRODUCER ORD,. Lockton Companies I LC.-V San Diegc 42/a Executive Square, Suite 600 License a0F15767 La Jolla CA 9203/ (858) 587 3100 INSURED 04/01/2008 INSJRFR A Nat'l Union Fire Ins Co of Pitt, PA 1056887 !NSJRCR B American Home Assurance Co. (AIQ). '.NSURERC Lexington Insurance Company NStd3=3A iNS11RF8 F THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES KLEGR03 UR INSURERIS),_AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR -ALTERTtHE COVERASTF4FFf R,RF I INSURERS AFFORDING COVERAGE I Kleinfelder West, Inc. 5015 Shoreham Place San Diego CA 92122 TIIC POLICIES Or INSURANCE LISTED BELOW I IAVE BEEN ISSUED TO THC INSURED NAMED ABOVE ' OR THE POLICY PERIOD INDICATED. NOTWTI'STANDING ANY REUIIIREMEN I. I ERM OR CUM) IION OF ANY CONRAC I UK UIHER DOCUMENT 'Al IH RES-' LI IQ WHICH IH:S CERTiF:GATE MAY BF ISSUFt) OR MAY PER IAIN, IHE INSURANCE AFFORDED RV IHE POLICIES 1)^ SCRIBED HFRFIN IS SIJB.IECI I Al, IHc IFRMS. EXCLUSIONS AND CONDITIONS CF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTN A TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMRF.R POLICY EFFECTIVE . POLICY EXPIRATION DATE (MM/DD/YY) : DATE (MM./DO/VT) LIMITS EACH OCCURRENCE $ 1,000,000 X CUMMERC ALJhNERAL LIAn J"Y- GI, 1800097 • 01/01/20(17 04/01/2008 FIRE DAMAGE (Anyone fire) CLAIMS MADE -. X I OCCJR: , MED FXP (Any ono nersnn) X )(CA! Included PERSONA` R ADV IN.113RY X : Cross Liab. Apples - GENERA; AGGREGATE GENT. AGGRFGATF I IM•T APPI iFS PFR PROM ICTS COMP/CP AGG 'ARC =PCL CY _ X JE.CT f -I IOC AUTOMOBILE LIABILITY A X !ANY AJIO A ! AU rmr4En AUTOS SCHFnJI Fn AUTOS X ' e:REOAUroS X I NON-OWNEDAUI US CA 826 2636 (AOS) CA 826 2637 (OR) 04/01/2007 04/01/2008 04/01/2007 04/01/2008 I COMBINED S:`,CI F I IMIT (Fn arciaent) 250.000 $ 5.000 s 1,000,000 $ 2,000,000 s 2,000,000 2,000.000 IBODILY INJURY (Per Pelson) ) UOUILY INJURY (Per atudent) PROPERTY DAMAGE (Per ecuaen:) GARAGE LIABILITY t_ I ANY A:,TO NOT APPLICA13LE EXCESS LIABILITY AIMSMADF NO API'LICAI1LIi UMBRELLA CEUUC1I3I. FORM RETENTION s A 13 13 13 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHFR . Profcssional Liability &Contractors • Pollution Liab WC 159 3164(CA) WC 159 3165 (AOS) WC 159 3167 (FL) WC 159 3166 (OR) 0095//2 04/01/2007 04/01/2008 04/01/2007 04/01/2008 04/01/2007 04/01/2008 04/01/2007 04/01/2008 04/01/2007 04/01.2008 • XXXXXXX XXXXXXX $ XXXXXXX IAU�Y-LAACCIULNI $ XXXXXXX OI HER THAN EA ACC $ XXXXXXX • : AUTO UN'_Y: AGG $ XXXXXXX EACH OCCURRENCE $ AGGRFGATE - ---- XXXXXXX XXXXXXX XXXXXXX XXXXXXX • XXXXXXX 'N""STATJ- I 'OIH- X I10:1" Li MIIS I ILR FACH ACC -DENT •$ l,000 000 DISEASE - EAEMPLOYEd 9 1,000000 i E.L. DISEASE - POLICY LIMn_._-. 1,000,000 S1,000 000 Each Claim / SI nnn nnn Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCI USIONS ADDED BY ENDORSEMENI/SPLCIAL PROVISIONS RE National City Street Resurf'acin? Pitted FY Oh 07. Certificate Holder is an Additional Insured but only to the extent provided by the endorsement issued or approved by :he ;nsurancc company. Coverage provided is primary and nor. -contributory - SI"IG ID. 05101 CERTIFICATE HOLDER 2893860 City of National City Attn: Alberto Griego 1243 National City Blvd. National City CA 91950-4301 ACORD 25-S (7/97) X ADDITIONAL INSURED' INSURER LETTER' CANCELLATION 1�15701611M980261 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE For lluest.nnn reaanl.n91l„+ rsrlit:rstr contain the ftumberl.cl„du,Mar 'Pruducu,'seclion above and specify taeclont code 'KLEG l /�--�- - - oACORD CORPORATION 1988 POLICY NT;MTWR: GI. 180 0097 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES 'DIE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - OWNERS, LESSEES 01Z CONTRACTORS - scheduled person or organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL.. LIABILITY COVERAGE PART SCHEDIJI,I; Name Of Additional Insured Person(s) Or Organizatiou(s): WHERE REQUIRED BY WRITTEN CONTRACT Location(s) Of Covered Operations WHER}. REQUIRED I3Y WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. H. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Certificate II) : 2893860 Misc Attachment : M87016 (c_) ISO Properties, Inc., 2004 POLICY NUMBER: CA 826-2636 COMMERCIAL AUTO CA20480299 TI IIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-fied by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04/01/2007 Named Insured: Kleinfelder Group, Inc. SCHEDULE Name of Person(s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 1 Certificate ID : 2893860 Misc Attachment : M98026 Copyright, Insurance Services Office, Inc., 1998 Page 1 of RESOLUTION NO. 2007 — 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER WEST, INC. IN THE NOT TO EXCEED AMOUNT OF $32,300 TO PROVIDE MATERIAL TESTING SERVICES FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the City desires to employ a contactor to provide materials testing services for the National City Street Resurfacing Project; and WHEREAS, the City has determined that Kleinfelder West, Inc. is qualified by experience and ability to perform the services desired by the City, and Kleinfelder West, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kleinfelder West, Inc. in the not to exceed amount of $32,300 to provide materials testing services for the National City Street Resurfacing Project. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 2007 on Morrison, Mayor ATTEST: Mic .el R. Della, City Clerk APPROVED AS TO FORM: _) � George H. iser, It II City Attorney Passed and adopted by the Council of the City of National City, Califomia, on June 5, 2007 by the following vote, to -wit: Ayes: Councilmembers Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-107 of the City of National City, California, passed and adopted by the Council of said City on June 5, 2007. City Clerk of the City of National City, California By: Deputy C'doo4,- o City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City of National City authorizing the Mayor to execute an agreement with Kleinfelder West, Inc. in the amount of $32,300 (Not to Exceed) to provide Material Testing Services for the National City Street Resurfacing Project (Funding is available through Proposition "A" Funds - TransNet) PREPARED BY Alberto Griego EXPLANATION DEPARTMENT Engineering EXT. 4386 On March 12, 2002, Kleinfelder West, Inc. was contracted to provide the City with "as needed" materials testing services for the Capital Improvement Projects. Currently their contract has expired (the length of the contract was for three years, until March 12, 2005). This Resolution is to approve a contract with Kleinfelder West, Inc. to provide material testing services for the National City Street Resurfacing Project. FINANCIAL STATEMENT: The total estimated construction cost was approved by Resolution No.2007-62 that included construction, engineering inspection, materials testing and contingency items in the amount of $765,700. This amount included the proposed lowest bid amount ($589,000), approximately 20% ($117,800) for contingencies, 4.2% ($25,000) for construction inspection, and 5.8% ($34,162) for materials testing. Funding is available through Account Number 307-409-500-598-6035. Environmental Review X N/A MIS Approval Financial Statement See the Financial Statement under explanation. Approved By: 4,, f-"L" J Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOM DATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreements (3 copies) Ideintelder A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 26, 2007 Mr. Ron Thomson Operations Manager Kleinfelder West, Inc. 5015 Shoreham Place San Diego, CA 92122 Dear Mr. Thomson, On June 5, 2007, Resolution No. 2007-107 was passed and adopted by the City Council of the City of National City, authorizing execution of agreement with Kleinfelder West, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Engineering Dept. ® Recycled Paper