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2009 CON Kleinfelder West - Marina Way Storm Drain
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC THIS AGREEMENT is entered into this 12TH day of January , 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kleinfelder West, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to Laboratory Testing Serivces for the Marina Way Storm Drain Project, Specification 08-12. WHEREAS, the CITY has determined that the CONSULTANT is An Testing firm and 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: 1. ENGAGEMENT 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 services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached proposal #100166, Exhibit "A" . 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 the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton 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. David W. Timms thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $6,000.00. Monthly invoices will be 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. The CONSULTANT 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. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT 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 CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT 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 be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT 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 2 City's Standard Agreement - June 2008 revision the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. 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 venturers with one another. Neither the CONSULTANT nor the CONSULTANT'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 CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees 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 the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 City's Standard Agreement - June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT 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 CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT 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. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT 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 CONSULTANT 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 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. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, 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 CONSULTANT's negligent acts, errors or wrongful conduct in performance of this Agreement. 16. WORKERS' COMPENSATION. The 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, 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 fees 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 be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, 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 $1,000,000 per claim. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies, with the exception of Professional Liability, shall constitute primary insurance as to the CITY, its officers, employees, and 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. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 City's Standard Agreement — June 2008 revision 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 City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(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 CONSULTANT 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. 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 judgment 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 fees 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. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, 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, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 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 be 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. 20. 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 6 City's Standard Agreement — June 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be 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 CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. 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, facsimile 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: To CITY: To CONSULTANT: Barbara A. Tipton Engineering Department City of National City 1243 National City Blvd National City, CA 91950 David W. Timms Kleinfelder West, Inc. 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 be 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform 7 City's Standard Agreement - June 2008 revision services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT 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. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 CONSULTANT. 23. 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. B. Counterparts. This Agreement may be 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. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are 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. No 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. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. 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. H. Applicable Law. This Agreement shall be 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. 8 Citys Standard Agreement - June 2008 revision J. Successors and Assigns. This Agreement shall be 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Bv: APPROVED AS TO FORM: George H. Eiser, Ill City Attorney KLEINFELDER WEST, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: %'Dti^0osSG'ZD.at PE - (Print) Sr. Vic.R. ?et s;ce - (Title) (Print) (Title) 9 Citys Standard Agreement — June 2008 revision KLE/NFELOER Bright People. Right Solutions. December 11, 2008 Proposal No. 100166 Ms. Barbara Tipton City of National City 1243 National City Boulevard National City, California 91950 Subject: Proposal to Provide Testing Laboratory Services Project: Marina Way Storm Drain Improvements, FY 08-09 National City, California Specification No. 08-12 Dear Ms. Tipton: INTRODUCTION 5015 Shoreham Place San Diego, CA 92122 p1858.320.2000 f 1858.320.2001 kleinfelder.com Kleinfelder is pleased to submit the following proposal to provide Testing Laboratory services for the subject project. In preparing this proposal, we have utilized project specifications. While a detailed construction schedule was not available at the time we prepared this proposal, we have relied on the 5 working day schedule. SCOPE We understand that our scope will primarily be: • As -requested compaction testing of trench backfill; • Laboratory maximum density testing for soil; and • Preparation of a final compaction test summary report. 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 of National City (the City). P-100166/SD18P280 Copyright 2008 Kleinfelder Page 1 of 2 December 11, 2008 5015 Shoreham Place San Diego, CA 92122 p1 858.320.2000 f 1858.320.2001 kleinfelder.com BUDGET For budgeting purposes, we have prepared an Estimated Budget of $6,000. The following are the schedule assumptions we used in arriving at our estimated budget: 1. We will be scheduled for 40 hours of soil compaction testing. 2. Only 2 maximum density tests will be required. Our budget does not include costs for overtime or retesting. APPROACH All services will be provided at the request and direction of the 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. CLOSING We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact our office at (858) 320-2000 if you have any questions or need additional information. Sincerely, KLEINFELDER WEST, INC. David W. Timms PE Ronald C. Thomson Construction Engineer Operations Manager RCT:rp Enclosures: Estimated Budget 2008 Fee Schedule P-100166/SD18P280 Page 2 of 2 December 11, 2008 Copyright 2008 Kleinfelder ESTIMATED BUDGET Marina Way Storm Drain Improvements, FY 08-09 National City, California Compaction Testing Includes 40 hours compaction testing; 2 hours Supervisory Technician; and 2 maximum density tests. Office Includes 6 hours Project Manager; and Final compaction test summary report. KL E/NFEL DER • Bright hopk. Right Solutions. $ 4,500 $ 1,500 TOTAL ESTIMATED BUDGET: $ 6,000 P-100166/SDI8P280 December 11, 2008 Copyright 2008 Kleinfelder KLEINFELDER 2008 FEE SCHEDULE FOR ENVIRONMENTAL, CONSTRUCTION MANAGEMENT AND GEOTECHNICAL/MATERIALS TESTING SERVICES Kleinfelder is a consulting firm which provides services in geotechnical engineering, materials engineering and testing, engineering geology, hydrogeology, environmental engineering, geochemistry, industrial health and safety, mining engineering, water resources, construction management and agricultural engineering. Since 1961, the firm has provided consulting services to industries, governmental agencies, commercial firms, developers, and other design professionals. OFFICES AND TESTING LABORATORIES ARIZONA 1335 West Auto Drive Tempe, AZ 85284 (480) 763-1200 2015 North Forbes Boulevard, #103 Tucson, AZ 85745 (520) 628-7769 CALIFORNIA 4400 Ashe Road, Suite 216 Bakersfield, CA 93313 (661) 831-2155 1370 Valley Vista Drive, Suite 150 Diamond Bar, CA 91765 (909) 396-0335 780 Chadbourne Road, Suite D Fairfield, CA 94534 (707) 429-4070 1410 F Street Fresno, CA 93706 (559) 486-0750 8 Pasteur, Suite 190 Irvine, CA 92618 (949) 727-4466 620 West 16th Street, Unit F Long Beach, CA 90813 (562) 432-1696 121 Heron Way, Suite D Merced, CA 95340 (209) 384-7552 1224 6th Street Modesto, CA 95354 (209) 577-4333 1970 Broadway, Suite 710 Oakland, CA 94612 (510) 628-9000 981 Garcia Avenue, Suite A Pittsburg, CA 94565 (925) 427-6477 7133 Koll Center Parkway, Suite 100 Pleasanton, CA 94566 (925) 484-1700 1220 Research Drive, Suite B Redlands; CA 92374 (909) 793-2691 3077 Fite Circle Sacramento, CA 95827 (916) 366-1701 365 Victor Street, Suite L Salinas, CA 93907 (831) 755-7900 5015 Shoreham Place (Corp. HQ) San Diego, CA 92122 (858) 320-2000 2011 North Capitol Avenue San Jose, CA 95132 (408) 586-7611 2240 Northpoint Parkway Santa Rosa, CA 95407 (707) 571-1883 2825 East Myrtle Street Stockton, CA 95205 (209) 948-1345 43174 Business Park Drive, Suite 103 Temecula, CA 92590 (951) 506-1488 intranet/business administration/billing_project_administration/ Revised 12/2007 fee schedules/KA Fee Schedule 2008 CALIFORNIA (continued) 1534 Callens Road Ventura, CA 93003 (805) 477-0485 18560 Readiness Street Building 710 Victorville, CA 92394 (760) 530-0825 6430 Variel Avenue, Suite 103 Woodland Hills, CA 91367 (818) 226-6900 COLORADO 4815 List Drive, Unit #115 Colorado Springs, CO 80919 (719) 632-3593 611 Corporate Circle, Suite C Golden, CO 80401 (303) 237-6601 10044 Granite Hill Drive Parker, CO 80134 (303) 840-4571 3010 Granada Boulevard Pueblo, CO 81005 (719) 546-1150 CONNECTICUT 99 Lamberton Road, Suite 201 Windsor, CT 06095 (860) 683-4200 FLORIDA 5421 Beaumont Center Blvd, Ste. 685 Tampa, FL 33634 (813) 887-3900 IDAHO 2315 S. Cobalt Point Way Meridian, ID 83642 (208) 893-9700 KANSAS 7802 Barton Lenexa, KS 66214 (913) 962-0909 1601 S. W. 41st Street Topeka, KS 66609 (785) 267-7131 MARYLAND 1340 Charwood Road, Suite I Hanover, MD 21076 (410) 850-0404 MASSACHUSETTS 30 Porter Road Littleton, MA 01460 (978) 486-0060 MISSOURI 324 East 11th Street, Suite 1810 Kansas City, MO 64106 (816) 474-1810 NEBRASKA 9312 G Court Omaha, NE 68127 (402) 331-2260 NEVADA 2701 Conestoga Drive, #120 Carson City, NV 89706 (775) 884-3886 6380 South Polaris Avenue Las Vegas, NV 89118 (702) 736-2936 4835 Longley Lane Reno, NV 89502 (775) 689-7800 NEW JERSEY 3 AAA Drive, First Floor Hamilton, NJ 08691 (609) 584-5271 Intranet/business administration/billingproject_administration/ Revised 12/2007 fee_ schedules/KA Fee Schedule 2008 NEW MEXICO 8300 Jefferson NE, Suite B Albuquerque, NM 87113 (505) 344-7373 1460 Trinity, Suite 1 Los Alamos, NM 87544 (505) 662-6600 NEW YORK One Corporate Drive, Suite 201 Bohemia, NY 11716 (631) 218-0612 7 Airport Park Boulevard Latham, NY 12110 (518) 786-8750 1279 Route 300, Second Floor Newburgh, NY 12550 (845) 567-6530 250 Mill Street, Suite 309 Rochester, NY 14614 (585) 777-4110 6390 Fly Road East Syracuse, NY 13057 (315) 413-0181 OKLAHOMA 10835 E. Independence, Suite 102 Tulsa, OK 74116 (918) 627-6161 OREGON 15050 S.W. Koll Parkway, Suite L Beaverton, OR 97006 (503) 644-9447 62915 18th Street, Suite 1 Bend, OR 97701 (541) 382-4707 PENNSYLVANIA 260 Executive Drive, Suite 500 Cranberry Township, PA 16066 (724) 772-7072 PENNSYLVANIA (continued) 800 E Washington Street West Chester, PA 19380 (610) 430-7866 TEXAS 3601 Manor Road Austin, TX 78723 (512) 926-6650 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854-4774 6850 Manhattan Boulevard, Suite 300 Fort Worth, TX 76120 (817) 429-6692 2211 Century Center Blvd, Suite 101 Irving, TX 75062 (972) 870-0808 4103 East Stan Schlueter Loop Killeen, TX 76542 (254) 699-1126 8004 W. Highway 80 Midland, TX 79706 (432) 563-1100 2035 Central Circle, Suite 110 McKinney, TX 75069 (972) 542-4362 3570 Rocking J Road, Suite B Round Rock, TX 78664 (512) 246-8919 2000 South 15th Street Waco, TX 76706 (254) 754-0369 UTAH 849 West Levoy Drive, Suite 200 Taylorsville, UT 84123 (801) 261-3340 WASHINGTON 2405 140th Avenue NE, Suite A-101 Bellevue, WA 98005 (425) 562-4200 Intranet/business administration/billingproject_administration/ Revised 12/2007 fee_ schedules/KA Fee Schedule 2008 BASIS OF CHARGES 1. Listed on the attached page are typical prices for services most frequently performed by Kleinfelder. Prices for other services, including special quotes for volume work, will be given upon request, but will be subject to the terms set forth below. 2. The client agrees to limit the Kleinfelder's liability to the client and to all agents of the client, including contractors and subcontractors on the project due to Kleinfelder's professional negligent acts, errors or omissions to $50,000 or the consultant's fee, whichever is greater. Kleinfelder's liability (as defined above) on Materials Testing projects will be limited to the greater of $2,500 or the amount of the Kleinfelder's fee. 3. Invoices will be issued on a monthly basis, or upon completion of a project, whichever is sooner. The net amount of invoices is payable on presentation of the invoice. If not paid within 30 days after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%. 4. A two-hour minimum charge will be made for all field services. A four-hour minimum charge will be made for any field services in excess of two hours. A six -hour minimum charge will be made for field services in excess of four hours per day. An eight -hour minimum charge will be made for field services in excess of six hours per day. 5. A one -hour minimum charge per day will be made for any office service. 6. Time worked in excess of 8 hours per day and weekend\holiday work will be charged at 1.5 times the hourly rate. Time worked in excess of 12 hours per day will be charged at 2 times the hourly rate. 7. Per diem will be charged at a rate of $127 per day per person or expenses plus 20%, whichever is greater. Per diem will be charged for all projects in excess of 50 miles from the nearest Kleinfelder office. 8. Outside services will include a 20% markup, unless otherwise noted. 9. In the event of above average increases in fuel costs, a fuel surcharge of 0 to 3% will be added to all invoices. 10. The proposed fee includes standard invoicing with time detail summary. Additional administrative time will be charged if invoice backup information (timesheets, daily field reports, or work summaries) is requested. 11. Certified payroll for prevailing wage projects will be provided only if requested and will be subject to additional charges for administrative time for each pay period. 12. Kleinfelder carries Worker's Compensation Insurance (including Employer's Liability), Comprehensive General Liability and property damage insurance for its own equipment, and will furnish certificates upon request. 13. Kleinfelder routinely disposes of non -environmental and uncontaminated samples after submission of our final report and reserves the right to return environmental sample to client, at its expense, after submission of our final report. 14. Proper disposal or handling of soil boring cuttings, well development and purge waters, decontamination solutions, and other contaminated/potentially contaminated materials is the responsibility of the client. Upon request, Kleinfelder can provide containers for onsite containment and can advise the client regarding proper handling procedures. 15. The proposed rates will be in effect for 90 days from the proposal date. 16. Kleinfelder reserves the right to adjust the fee schedule on projects not completed within 180 days from the contract signature date. For time and materials projects, any not to exceed amount will be similarly adjusted. Intranet/business administration/billingjroject_administration/ Revised 12/2007 fee schedules/KA Fee Schedule 2008 KLEINFELDER 2008 FEE SCHEDULE FOR ENVIRONMENTAL, CONSTRUCTION MANAGEMENT AND GEOTECHNICAL/MATERIALS TESTING SERVICES PROFESSIONAL STAFF RATES* Construction Inspector I $ 102 / hour Construction Inspector II $ 113 / hour Professional $ 118 / hour Construction Inspector III $ 123 / hour Assistant Project Manager $ 140 / hour Construction Engineer $ 140 / hour Staff Professional I $ 140 / hour Staff Professional II / Project Manager I $ 152 / hour Construction Manager $ 152 / hour Senior Construction Manager $ 158 / hour Project Professional / Project Manager II $ 162 / hour Senior Professional / Senior Project Manager $ 185 / hour Project Manager III $ 208 / hour Principal / Principal Professional $ 208 / hour Program/Client Manager $ 208 / hour Senior Principal / Senior Principal Professional $ 220 / hour Senior Program / Senior Client Manager $ 230 / hour VP, Project Management $ 239 / hour Expert Witness $ 279 / hour ADMINISTRATIVE/TECHNICAL STAFF RATES Administrative I $ 84 / hour Project Administrator $ 95 / hour Technician I $ 85 / hour Technician II $ 93 / hour Technician III $ 102 / hour Technician IV $ 107 / hour Senior Technician $ 113 / hour Supervisory Technician $ 124 / hour Draftsperson $ 95 / hour CADD Operator $ 113 / hour Designer $ 124 / hour Minimum Charges For Office Time Per Day One Hour at Applicable Rate Kleinfelder reserves the right to adjust the fee schedule on projects not completed within 180 days from the contract signature date. Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The above rates do not apply to projects subject to prevailing wages. Hourly rates for those projects will be supplied separately. Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical and environmental engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists. intranet/business_administration/billingproject_administration/ Revised 12/2007 fee_schedules/KA Fee Schedule 10% GEOTECHNICAL/MATERIALS TESTING EQUIPMENT CHARGES MATERIALS TESTING EQUIPMENT Skidmore Wilhelm Bolt Tension Calibrator Torque Wrench Schmidt Hammer R Meter (Pachometer) Windsor Probe Anchor Bolt Testing Device Concrete Vapor Transmission Test Kit F1869 Thin Lift Nuclear Asphalt Gauge Nuclear Asphalt Content Gauge Coring Machine with Generator Floor Flatness Testing Device Diamond Bit Core Barrel Charge 2" Diameter 3" Diameter 4" Diameter 6" Diameter 8" Diameter Minimum bit charge-6" per job SOIL AND AGGREGATE TESTS COMPACTION CURVES Standard 4" Mold D-698 Method A Standard 6" Mold D-698 Method B, C Modified, 4" Mold D-1557 Method A Modified, 6" Mold D-1557 Method B, C California Impact, Dry Method CAL-216-F California Impact, Wet Method CAL-216 Check Point Relative Density (Maximum and Minimum) D-4253 & 4254 SOIL AND AGGREGATE STABILITY R-Value, Untreated Material or field Sample D-2844, CAL-301 R-Value, Reproportioned or Chemically -Treated D-2844, CAL-301 Correction for oversized material in sample D-2844, CAL-301 C.B.R. 100% Compaction (Includes compaction curve) D-1883 C.B.R. Other Compaction Effort (Includes compaction curve) D-1883 Soil Cement, C.T.B., Mix Design C.T.B. Compression Test, (Includes Preparation) CAL-312 Lime -Treated Compression Test (Includes Opt. Moist. Determ.) Set of 3 CAL-373 Check Point CAL-373 Cement -Treated Compression Test, Set of 3 PCA EB052.06S $ 47.60 / day $ 47.60 / day $ 77.00 / day $ 77.00 / day $ 23.95 / shot $154.00/ day $ 33.00 / kit $ 84.00 / day $110.00/ day $167.00/ day $108.00/ day $ 2.20 / inch $ 3.30 / inch $ 4.40 / inch $ 6.60 / inch $ 8.00 / inch $198.00/ each $215.00/ each $198.00/ each $215.00/ each $215.00/ each $171.00/ each $110.00/ each $325.00/ set $264.00/ each $314.00/ each $ 71.50 / each $583.00/ each $770.00/ each $ 33.00 / each $935.00/ each $935.00/ each $330.00/ each $935.00/ each intranet\administrative resources\billing\project administration\ 1 (Revised 3/30/07) fee schedules\KAFEE2007 SOIL AND AGGREGATE TESTS (Cont.) BASIC SOIL AND AGGREGATE PROPERTIES Sieve Analysis, Coarse and Fine Including Wash C-136, D-422, CAL-202 Sieve Analysis, Coarse and Fine Including Wash Rush C-136, D-422, CAL-202 Sieve Analysis, Coarse (Retained on No. 4 Sieve) C-136, CAL-202 Sieve Analysis, Fine Including Wash (Passing No. 4 Sieve) C-136, CAL-202 Sieve Analysis, Wash (% Finer than No. 200 Sieve) C-117, D-1140 Hydrometer (Without Sieve Analysis) D-422, CAL-203 Hydrometer (Including Sieve Analysis) D-422, CAL-203 Specific Gravity C-127, C-128, D-854 Sand Equivalent, Average of 3 D-2419, CAL-217 Sand Equivalent, One Point Method Plasticity Index D-4318, CAL-204 Liquid Limit D-4318, CAL-204 Expansion Index Test D-4829, UBC 18-2 Swell Pressure, Per Point D-4546 Moisture Determination and Unit Weight D-2216, D-2937, D-4643 Moisture Determination Only D-2216, D-4643, CAL-226 Resistivity of Soil (Laboratory Measurement) CAL-532, CAL-643 pH Test (Laboratory Measurement) EPA-9045 pH Test, Lime Treated Soils C-977 Organic Content -Soils D-2974 Pinhole Test for Dispersive Soils D-4647 Dielectric Constant HYDRAULIC CONDUCTIVITY Flexible Wall, Falling Head D-5084, EM 1110-2-1906 Rigid Wall Permeability of Undisturbed Sample, up to No. 4 Sieve Size Rigid Wall, Constant Head, Gravel D-5856 SAMPLE PREPARATION Trimming Remolding Splitting Mixing and Processing SHEAR STRENGTH AND CONSOLIDATION TESTS Unconfined Compression, Including Moisture Content & Unit Weight.... D-2166 Triaxial Compression Test Quick Per Point UU Saturated D-2850 CD Saturated EM-1110-2-1906 CU Saturated D-4767 CU Saturated with Pore Water Pressure D-4767 Direct Shear (Quick) Per Point (Dry) D-3080 Direct Shear (3 point staged test) (Saturated) Direct Shear (Residual) Per Point (Saturated) Consolidation, With Two Time Rates D-2435 Constant Rate of Strain Consolidation, With Time Rate D-4186 Consolidation, Without Time Rate, Six Load Increments D-2435 Collapse Potential D-5333 $138.00/ each $143.00/ each $ 83.00 / each $116.00/ each $ 95.00 / each $165.00/ each $253.00/ each $ 94.00 / each $105.00/ each $ 77.00 / each $165.00/ each $110.00/ each $165.00/ each $110.00/ each $ 49.50 / each $ 22.00 / each $160.00/ each $ 55.00 / each $132.00/ each $ 99.00 / each $275.00/ each $ 56.50 / each $358.00/ each $182.00/ each $179.00/ each $ 54.00 / each $ 71.50 / each $ 27.50 / each $ 71.50 / hour $116.00/ each $137.00/ point $237.00/ point $358.00/ point $286.00/ point $413.00/ point $121.00/ each $314.00/ each $127.00/ point $402.00/ test $627.00/ test $314.00/ test $116.00/ each Note: Special testing procedures that deviate from standard will be charged on a time and expense basis. intranet\administrative resources\billing\project administration\ 2 (Revised 3/30/07) fee schedules\KAFEE2007 SOIL AND AGGREGATE TESTS (Continued) AGGREGATE QUALITY Injurious Organic Matter C-40 Absorption, Gravel C-127, CAL-206 Absorption, Sand C-128, CAL-207 Unit Weight, Average of 3 C-29, CAL-212 Los Angeles Abrasion Test-500 Revolutions C-131, CAL-211 Los Angeles Abrasion Test-1,000 Revolutions C-535, CAL-211 Sulfate Soundness (5 Cycles) Per Sieve Size C-88, CAL-214 Mortar Making Properties of Sand C-87, CAL-515 Potential Reactivity Test C-289 Cleanness Test (Referee Test) CAL-227 Crushed Particles per sieve size D-693, CAL-205 Flat and Elongated Particles per sieve size D-4791, CE-119, CE-120 Clay Lumps and Friable Particles C-142 Lightweight Pieces in Aggregate C-123 Durability, Fine D-3744, CAL-229 Durability, Coarse D-3744, CAL-229 Durability Index, Coarse and Fine D-3744, CAL-229 CONCRETE Concrete Mix Design Review Laboratory Trial Batch, Including Compression Testing of Six Specimens Concrete Cylinder Cured and/or Compression Tested C-39, CAL-521 Compression Test, Lightweight Insulating Concrete C-495 Unit Weight of Concrete Cylinders C-138 Flexural Strength, Concrete Beam C-78, C-293, CAL-523 Compression Test, Gunite/Shotcrete Panel, Set of 6 Cores C-1140 Compression Test on Cored Specimens (Includes End Preparation) C-42 Cylinder Molds Drying Shrinkage Test, set of 3 C-157 Modulus of Elasticity of 6" x 12" Concrete Cylinder C-469 Splitting Tensile Strength C-496 Cement Content of Hardened Concrete C-85 Density of Spray Applied Fireproofing E-605 Unit Weight of Lightweight Concrete C-567 Mortar Bar Expansion (Short -Term Expansion, 0-14 days) C-1260 Mortar Bar Expansion (Long -Term Expansion, more than 14 days) C-227 * Does not include coring $ 60.00 / each $ 60.00 / each $ 99.00 / each $ 71.50 / test $171.00/ each $220.00/ each $ 99.00 / each $550.00/ each $165.00/ each $149.00/ each $110.00/ each $110.00/ each $110.00/ each $330.00/ each $110.00/ each $182.00/ each $275.00/ test $209.00/ each $594.00/ each $ 26.40 / each $ 55.00 / each $ 55.00 / each $105.00/ each $253.00/ set $ 60.00 / each* $ 3.00 / each $440.00/ each $238.30/ each $ 77.00 / each On Request $ 71.50 / each $ 71.50 / each $950.00/ each $1,900.00/ each intranet\administrative resources\billing\project administration\ 3 (Revised 3/30/07) fee schedules\KAFEE2007 MASONRY Grout or Mortar Specimen Cured and/or Compression Tested C-109, C-579, C-942, C-1019, UBC 21-16, UBC 21-18 Compression Test, Masonry Units C140 Compression Test, 8 x 8 x 16 Prisms or smaller E-447, UBC 21-17 Compression Test, 10 x 8 x 16 Prisms or smaller E-447, UBC 21-17 Compression Test, 12 x 8 x 16 Prisms or smaller E-447, UBC 21-17 Absorption and Received Moisture, Masonry Unit C-140 Lineal Shrinkage, Masonry Units C-426 Compression Strength, Brick C-67 Modulus of Rupture, Brick C-67 Absorption Test, Brick, 5-Hour with Coefficient C-67 Shear Test on Masonry or Brick Cores CAL-644 Grout or Mortar Mold Breaking Load, Roof Tile UBC 15-5 Absorption, Roof Tile UBC 15-5 Permeability, Roof Tile ASPHALT Centrifuge Kerosene Equivalent CAL-303 Extraction, % Bitumen D-1856, D-2172, CAL-310, CAL-362 Extraction, % Bitumen, with Gradation Film Stripping Stabilometer Test and Mixing of Sample Stabilometer Test on Premixed Sample Swell CAL-302 D-1560, CAL-366 D-1560, CAL-366 CAL-305 Moisture Vapor Susceptibility, in Addition to Stabilometer Complete Design of Wearing Surface for a Given Asphalt and Aggregate, Hveem or Marshall Method Marshall Stability and Flow -Set of 3 (Without Mixing) D-1559 Marshall Stability and Flow -Set of 3 (Lab Mixed) D-1559 Superpave Mix Design —Preliminary Voids Analysis only (PMA)FHWA SA-95-003 Superpave Mix Design (Excludes Binder or Agg. Qual. testing)FHWA SA-95-003 Unit Weight of Core or Compacted Sample D-1188, D-2726, CAL-308 Maximum Density of Mix by Marshall Method, Set of 3 (Without Mixing) Maximum. Density of Mix by Hveem Method, Set of 5 (Without Mixing) D-1561, CAL-304 Maximum Theoretical Specific Gravity (Rice Method) D-2041, CAL-309 Index of Retained Strength D-1074, D-1075 CAL-307 $ 26.40 / each $ 60.00 / each $ 99.00 / each $110.00/ each $121.00/ each $ 71.50 / each $165.00/ each $ 60.00 / each $ 71.50 / each $110.00/ each $ 55.00 / each $ 2.75 / each $ 44.00 / each $ 71.50 / each $121.00/ each $237.00/ each $154.00/ each $264.00/ each $116.00/ each $275.00/ each $154.00/ each $127.00/ each $248.00/ each On Request $352.00/ set $451.00/ set $3,080.00/ each $3,080.00/ each $ 49.50 / each $204.00/ set $275.00/ set $143.00/ each $1,100.00/ each intranet\administrative resources\billing\project administration\ 4 (Revised 3/30/07) fee schedules\KAFEE2007 METALS Tensile, up to 0.5 sq. in. Cross Sectional Area A-36, A-500, A-570, A-572, A-615, A-706 Tensile, 0.5 to 1.8 sq. in. Cross Sectional Area A-36, A-500, A-570, A-572, A-615, A-706 Tensile, > 1.8 sq. in. Cross Sectional Area A-36, A-500, A-570, A-572, A-615, A-706 Bend Test A-370, A-709 Tensile and Bend, up to 0.5 sq. in. Cross Sectional Area Tensile and Bend, 0.5 to 1.8 sq. in. Tensile and Bend, > 1.8 sq. in. Cross Sectional Area 505 Tensile A-370, A-709 Rebar Coupler, Slippage Test, Including Ultimate Tensile Strength A-370, CTM-670 Rebar Coupler, Ultimate Strength, Tensile Only A-370, CTM-670 Rebar Splice Test (Ultimate), Tensile (sample or control bar)A-370, CTM-670 P.T. Strand Tensile Strength A-421 High -Strength Rod Tensile, to 2.25" Diameter A-354, A-615, A-722 High -Strength Rod Tensile, greater than 2.25" Diameter A-354, A-615, A-722 Charpy V-Notch Impact, Set of 3 A-673 Epoxy -Coated Rebar and Wire, Bend Test A-775, A-884, A-934 Epoxy -Coated Rebar and Wire, Holiday Test A-775, A-884, A-934 Epoxy -Coated Rebar and Wire, Thickness of Coating A-775, A-884, A-934 Rockwell Hardness (Per Piece) A-307, A-325, A-449, A-563, E-18, F-844 Rockwell Hardness, Bolt Assembly (Set of 3) A-307, A-325, A-449, A-563, E-18, F-844 Dimension Verification (Bolt, Nut, Washer, or P.T. Strand) A-307, A-325, A-449, A-563, F-436, F-844 Proof Load (Bolt, Nut, or High -Strength Rod) A-307, A-325, A-449, A-563, F-606 Bolt Thread Pitch Verification A-307, A-325, A-449, A-563, F-606 Bolt Wedge Tensile A-307, A-325, A-449, A-563, F-606 Thickness of Coating (Per Piece) E-376 Weight of Coating A-90 WELDING QUALIFICATIONS -STRUCTURAL STEEL (PHYSICAL TEST METHOD-ASME, AWS, API, TITLE 21) Operator Performance and Procedure Tests Machining and Material Costs Guided Bend Test, face or root Side Bend Test Free Bend Test Tensile Test (reduced section) Macroetch Test Fracture Test T Bend Test Notch Test Qualification tests also available by X-ray procedures * Does not include machining costs, if required. $ 71.50 / each* $ 83.00 / each* $ 85.00 / each* $ 38.50 / each* $ 88.00 / each* $ 99.00 / each* On Request $ 88.00 / each* $204.00/ each $ 77.00 / each $ 77.00 / each $143.00/ each $ 77.00 / each $138.00/ each $176.00/ each* $ 22.00 / each $ 22.00 / each $ 22.00 / each $ 49.50 / each $121.00/ each $ 49.50 / each $ 49.50 / each $ 45.00 / each $ 49.50 / each $ 49.50 / each $100.00/ each On Request At Cost +20% $ 38.50 / each* $ 38.50 / each* $ 38.50 / each* $ 71.50 / each* $110.00/ each $ 38.50. / each* $ 38.50 / each* $ 35.00 / each* On Request intranet\administrative resources\billing\project administration\ 5 (Revised 3/30/07) fee schedules\KAFEE2007 ROOFING TESTS Quantitative Analysis D-2829 $385.00/ each Quantitative Analysis (New Roofs) D-3617 $250.00/ each Unit Weight of Surfacing $ 99.00 / each Unit Weight of Sample $ 88.00 / each Diagram of Sample $110.00/ each Void Analysis $110.00/ each Ply Type Identification $ 83.00 / each Mat Type Identification $ 75.00 / each Bitumen Sample Recovery $334.00/ each Compliance Report On Request Roof Moisture Survey On Request Bitumen Content of Adhered Aggregate D-4074 $100.00 / each OTHER EQUIPMENT CHARGES GEOPHYSICAL EXPLORATION EQUIPMENT Seismograph, Single Channel Bison Model 1570C or Nimbus Model ES-125 $195.00/ day Seismograph, Twelve Channel Nimbus Model ES121OF $561.00/ day Resistivity Meter, Bison Model #2390 $187.00/ day Soil Test Model R-40C $139.05/ day Megger Earth Tester $119.00/ day Magnetometer, Portable Proton-Geometrics Model 6816 $215.00/ day Electromagnetics $226.60/ day Terrain Conductivity Meter Geonics Model EM 31 $206.00/ day Downhole Shear Wave Velocity Measurement On Request Blast and Vibration Monitor, VM-100 (Normal set up and takedown) $ 95.00 / hour Slope Indicator (4-hour minimum) $ 53.25 / hour Pneumatic Piezometer Indicator Sinco Model 51411-A $204.00/ day Sealed Double Ring Infiltrometer Test Equipment On Request VEHICLES Vehicle, 2 Wheel Drive $ 9.65 / hour Vehicle, 4 Wheel Drive $ 18.15 / hour Mileage, 2 Wheel Drive $ .75 / mile Mileage, 4 Wheel Drive $ 1.50 / mile Vehicle Equipped with Standard Field Testing Equipment $ 18.15 / hour Vehicle Equipped with Nuclear Density Testing Equipment $ 23.95 / hour Vehicle Equipped with Ultrasonic, Magnetic Particle, and Dye Penetrant Testing Equipment $ 23.95 / hour Utility Trailer $ 53.25 / day Hydraulic Hand Lift $ 32.96 / day OFFICE EQUIPMENT Microcomputer, basic software systems and supporting hardware $ 23.30 / hour Mainframe Computer Time -Sharing (per CPU minute) $ 9.27 /minute Camera and Film $ 23.95 / week intranet\administrative resources \billing\project administration\ 6 (Revised 3/30/07) fee schedules\KAFEE2007 OTHER EQUIPMENT CHARGES (Continued) Computer Connect Time $ 7.73 / hour Disk Storage (per megabyte) $ 76.22 / month Environmental Information Management System Software Surcharge $ 16.48 / hour Project Management and CPM Software Surcharge $ 16.48 / hour Reproduction $ 0.60 / page Telephone $ 0.60 /minute Facsimile Copies $ 2.90 / page Report Surcharge $ 41.80 / copy Large Format Drawing Copies, 20-lb Bond $ 2.73 / sq ft Large Format Drawing Copies, Erasable Vellum $ 3.81 / sq ft Large Format Drawing Copies, Precision Trim $ 1.65 / each Mylar Reproductions $ 16.48 / sheet Autocad Drafting, Hardware and Software $ 32.96 / hour Autocad Drawing Plots $ 1.65 /minute Video Camera $ 84.00 / day intranet\administrative resources\billing\project administration\ 7 (Revised 3/30/07) fee schedules\KAFEE2007 r 97'/10/2008 07:10 FAX 8583202001 K LE I N FE I .DER Ej002/006 ACORD,M CERTIFICATE OF LIABILITY INSURANCE 4/1/2009 DATE 008YYYI PRODUCER Lockton Insurance Brokers, LLC License X0F15767 Lice Executive Square, Suite 600 4275 La Jolla CA 92037 (858) 587-3100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED The Kleinfclder Group, Inc. 1056887 (see attached named insured schedule) 5015 Shoreham Place San Diego CA 92122 I INSURER A: National Union Fire Ins Co Pittsburgh PA 19445 INSURER 6: Insurance Company of the State of PA 19429 INSURER c: Lexington Insurance Company 19437 INSURER 0: INSURER E: COVERAGES KLEGRO3 UR THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MUMMY) POLICY EXPIRATION(MUMMY)LIMITS DATE (MM/OD/YY) A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GL 161 76 12 4/1/2008 4/1/2009 EACH OCCURRENCE $ 1,000,000 DAMAGE S (aENTED PREMI E SES (Ea oaurerlce) $ 250,000 CLAIMS MADE Q OCCUR MED EXP (Any one person) $ 5,000 X X GENL —1 XCU Included PERSONAL IL ADV INJURY 5 1,000,000 Cross Liab. Applies GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER. POLICY nSPER0. nLOC PRODUCTS-COMP/OP AGG $ 2,000,000 A A A X AUTOMOBILE X — _ X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA 826 29 87(AOS) CA 826 29 86 (OR) CA 826 29 85 (MA) 4/1/2008 4/1/2008 4/1/2008 4/1/2009 4/1/2009 4/1/2009 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY N Per RT I) $ XXXXXXX BODILY INJURY (Per accident) S XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE 1 LIABILRY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLA DOCCUR R LIABILITY CLAIMS MADE UMBRELLA DEDUCTIBLE FORM RETENTION $ NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX , $ XXXXXXX S XXXXXXX $ XXXXXXX B B B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? NO It yes, describe under SPECIAL PROVISIONS below WC 159 38 27 (CA) WC 159 38 28 (FL) WC 159 38 30 (TX) WC 159 38 31 (AOS)4/1/2008 4/1/2008 4/1/2008 4/1/2008 4/1/2009 4/1/2009 4/1/2009 4/1/2009 WC STATU-A { t X' TORY LIMITS I - I ER EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT , $ 1,000,000 C OTHER Professional Liability & Contractors Pollution U 1205850 4/1/2008 4/1/2009 SI,000,000 Each Claim/ 51,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Additional Insured status does not apply to Professional Liability coverage. Certificate Holder is an Additional Insured but only to the extent provided by the endorsement issued or approved by the insurance company. Site ID: SDIEGO, - CERTIFICATE HOLDER CANCELLATION (M3603651 [M87016] IM87018) (M98026) 3640584 City of National City Attn: Alberto Griego 1243 National City Blvd. National City CA 91950-4301 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. ACOR D 25 (2001 /08) For y1 1I.Ie regarding this certificate. contact the number Meted In the 'Producer' AUTHORIZED REPRE NTATIVE . end specify the relent code 9ltGROT. ORD CORPORATION 1988 07%10/2008 07:11 FAX 8583202001 KI.1?INFEI.UI?R f[003/006 Named Insured Schedule The Kleinfelder Group, Inc. Kleinfelder Associates (KFI) Trinity Engineering Testing Corporation (TETCO) Kleinfelder Mexico, S.A. de C.V. Kleinfelder USA, Inc ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. (Formerly known as GSCIKleinfelder, Inc. and Powell-Harpstead, Inc.) Kleinfelder West, Inc. (Formerly known as Kleinfelder, Inc. and Trinity Engineering Testing Corporation) Kleinfelder Central, Inc. (Formerly known as GeoSystems Engineering, Inc. and Trinity Engineering Testing Corporation (TETCO)) Kleinfelder Engineering, P.C. (Formerly Justin R. Moses & Associates Engineering, PC) Trigon Engineering Consultants, Inc. Miscellaneous Attachment : M360365 Master ID: 1056887 ,07/10/2008 07:12 FAX 8583202001 KI.ETNFE1.DF.R 1J 004/006 POLICY NUMBER: GL 161 76 12 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 TIHS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - scheduled person or organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Location(s) Of Covered Operations WHERE REQUIRED BY 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: 1. 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. B. 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 0 ISO Properties, Inc., 2004 Miscellaneous Attachment : M87016 Certificate ID: 3640584 ,t17/10/2008 07:13 FAX 8583202001 KLEINFELDER VI005/006 POLICY NUMBER:GL 161 76 12 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured - owners, lessees or CONTRACTORS - completed operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Miscellaneous Attachment : M87018 Certificate ID : 3640584 07/10/2008 07:13 FAX 8583202001 KLEINFELDFR l 006/006 POLICY NUMBER: CA 826 29 87 COMMERCIAL AUTO CA 20 48 02 99 THIS 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 modified 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: 04/01/2008 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 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Miscellaneous Attachment : M98026 Certificate ID : 3640584 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT '';his endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/0l/2008 forms a part of Policy No. WC 159-38-27 Issued to THE KLEINFELDER GROUP, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by Intel IOcn'c r("hDv Authorized Representative C<;1.t11.Fc H N 1 A tirr XNCOR.pORATLD ___} OFFICE OF THE CITY CLERK 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax KLEINFELDER WEST, INC. Laboratory Testing Services Marina Way Storm Drain Project Judy Hernandez (Engineering) Forwarded Copy of Agreement to Contractor