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HomeMy WebLinkAbout2009 CON Kleinfelder West - Bay Marina Drive Widening ProjectAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC THIS AGREEMENT is entered into this 17th day of February, 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 National City Bay Marina Drive Wideing Project, Specification 08-13. WHEREAS, the CITY has determined that the CONSULTANT is a 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 #101259, 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 FEB-11-2009 11:34A FROM:NATIONAL CITY ENG 6193364397 TO:918583202001 P.2/2 progress and execution of this Agreement for the CONSULTANT. David W. Timms thereby is designated as the Project Director for the CQNS,ULT,ANT.., 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work performed not -to -exceed $29000. 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 signedtitti agreement from the CITY) ........A. }«,,,,.;,. •.. es Se.9Arw,.blr- % \ zoc.)9 . C/74. 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 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, Toss, 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 CiWs 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: Maryam Babaki 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 City's 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 By: Ronii on, Mayor APPROVED AS TO FORM: GeorgeCI iser III City Attorney KLEINFELDER WEST, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: (Print) (Title) ame) 14-.6-4.1111"1"I'i'-"e .7-01.v AA Do SSpy *Zt 1Q , 0 6- . olAAJ 4ttCal C4 9 Citys Standard Agreement - June 2008 revision KLE/NFELDER Bright People. Right Solutions. February 2, 2009, 2009 Proposal No. 101259 Barbara Tipton City of National City 1243 National City Boulevard National City, California 91950 Subject: Proposal to Provide Quality Assurance Testing Services Project: Bay Marina Drive Widening, FY 08-09 National City, California Specification No. 08-13 Dear Ms. Tipton: INTRODUCTION 5015 Shoreham Place San Diego, CA 92122 p1 858.320.2000 f 1858.320.2001 kleinfelder.com We are pleased to submit our proposal to provide materials testing and inspection services for the subject project. In preparing this proposal we have utilized the following documents: • Project specifications dated January 14,2009; and • Project plans dated December 18, 2008. SCOPE OF SERVICES The scope of services we are proposing includes: • Compaction testing of subgrade base and asphalt; and • Laboratory testing consisting of maximum density, bulk density, stability, extraction and gradation tests. P-101259/SD19P028 Copyright 2009 Kleinfelder Page 1 of 3 January 30, 2009 5015 Shoreham Place San Diego, CA 92122 p1 858 320 2000 fI858320.2001 kleinfelder.com APPROACH We intend to provide 1 Material Tester for 41 working days to provide compaction testing for, subgrade preparation, baserock placement, concrete placement, and asphalt paving. Samples will be transported to the lab for testing. FEES Fees for our services will be charged on a time -and -materials basis at the rates and terms shown on the enclosed 10% reduced 2009 fee schedule with the following exceptions: 1) Our Materials Testers will be charged at $95/hr. BUDGET For budgeting purposes, we have prepared an Estimated Budget of $29,000 based on a 41 working day construction schedule and the following assumptions: • We will provide one Materials Tester for 38 eight -hour working days for compaction testing. • We will provide one Materials Tester for 3 days of concrete sampling and testing. • A mix design will not be required. Our budget does not include costs for overtime. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects. P-101259/SD19P028 Page 2 of 3 January 30, 2009 Copyright 2009 Kleinfelder 5015 Shoreham Place San Diego, CA 92122 pi 858.320 2000 fI858.3202001 kleinfelder.com This proposal is valid for a period of 45 days from the date of this proposal, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission." CLOSING We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact us at (858) 320-2000 if you have any questions or need additional information. Sincerely, KLEINFELDER WEST, INC. David W. Timms, PE Construction Engineer DWT:RCT:rp Attachment: Estimated Budget P-101259/SD19P028 Copyright 2009 Kleinfelder Ronald C. Thomson Operations Manager Page 3 of 3 January 30, 2009 ESTIMATED BUDGET Bay Marina Drive Widening National City, California Materials Tester for soil compaction testing Includes one tester for 28 eight -hour days of soil compaction testing; 3 maximum density proctor tests; Materials Tester for base compaction testing Includes one tester for 8 eight -hour days of base compaction testing; 1 maximum density proctor test; Materials Tester for asphalt compaction testing Includes one tester for 2 eight -hour days of asphalt compaction testing; 2 Hveem Maximum Bulk Density tests; 2 Stability tests; 2 Extraction and Gradation tests Materials Tester for concrete sampling and testing Includes one tester for 3 eight -hour days of concrete placement; 2 compressive strength tests; Office Includes 6 hours Project Manager 4 hours Supervisory Technician KL E/NEEL DER Br,ghf People Rrghl Solonons V $15,000 $ 6,000 $ 3,000 $ 2,500 $ 1,500 Final Compaction Summary $ 1,000 TOTAL ESTIMATED BUDGET: $29,000 P-101259/SD19P028 February 2, 2009 Copyright 2009 Kleinfelder 07710/2008 07:10 FAX 8583202001 KLEINFELDER Q1002/006 ACORD T CERTIFICATE OF LIABILITY INSURANCE 4/1/2009 DATE A n5 008 `) PRODUCER Lockton Insurance Brokers, LLC License #0F15767 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 CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED The Kleinfelder 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 B: Insurance Company of the State of PA 19429 INSURER c: Lexington Insurance Company 19437 INSURER D INSURER E: COVERAGES KLEGRO3 UR THIS CERTIFICATE Of INSURANCE DOES NOT CONSTT1UTE A CONTRACT BETWEEN TIE ISSUING INSURER }, AUTHORIZED REPRO EJrTA1NE 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 ol NSRD TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) CTIVE PDATE (MMIDD/YY)OUCY N LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GL 1617612 4/1/2008 4/1/2009 EACH OCCURRENCE $ 1,000,000 DAMAGE TOaBNTED PREMISES Ma occurerwel S 250,000 1 CLAIMS MADE Q OCCUR MED EXP (Any one person) S 5,000 . X X GENT. XCU Included PERSONAL a ADV INJURY $ 1,000,000 Cross Liab. Applies GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER POLICY 1 ^ 1 Ter nLOC PRODUCTS-COMP/OP AG3 $ 2,000,000 A A A X AUTOMOBILE X .� _ X X LABILITY ANY AUTO AU. 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 aogldant) $ 2,000,000 BODILY INJURY (Per parson) $ BODILY INJURY (Per aaideM) S ](X)Q(�d( PROPERTY DAMAGE (Par acGden) $ GARAGE LABILITY ANY AUTO• NOT APPLICABLE AUTO ONLY- EA ACCIDENT 5 )0000(XX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGO $ XXXXXXX EXCESS/UMBRELLA R [ ABILITY OCCUR CLAIMS MADE UMBRELLA DEDUCTIBLE 0 FORM RETENTION S NOT APPLICABLE EACH OCCURRENCE 8 XJ(XXXXX AGGREG(ATE S XXXXXXX $ )DCXXXXX $ XXXXXXX $ XXXXXXX A B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NO U yeS, dasaibe under SPECIAL PROVISIONS halo,, 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 4/1R009 l X 1 TORY LIMITS ER E.L 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 & Cootnctas Pollution Li 1205850 4/1/2008 4/1/2009 S1,003,000Each Clairn/ 51,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 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 (M360365] [M87016] [M87018] (M98026] 3640584 City of National City Attn: Alberto Griego 1243 National City Blvd. National City CA 91950-4301 ....SHOULD Amv-a T AHov€orstr BE6'PGLTCIES lit CANCELIED FORE THE'EXPIRATI0N - 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 OBUGATION OR LABILITY OF ANY Kum UPON THE INSURER, ITS AGENTS CM REPRESENTATIVES. ACORD 25 (2001/08) For awaSana martins Ws csl1 calo. contact the nu,ne.r Ilrud'.n U. hod AUTHORIZED REPRE NTATIVE uar and aaadytM dlard cadr car. Chi ORD CORPORATION 1988 .07%10/2008 07:11 FAX 8583202001 KLEINFELDER If7.j003/006 Named Insured Schedule The Kleinfelder Group, Inc. Klelnfelder Assodates (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 GSCIKlelnfelder, Inc and Powell- larpstead, 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)) Kleinfeider Engineering, P.C. (Formerly 3ustin R. Moses & Assodates Engineering, PC) Trigon Engineering Consultants, Inc. Miscellaneous Attachment : M360365 Master In: 1056887 07%10/2008 07:12 FAX 8583202001 KLEINFELDER V1004/006 POLICY NUMBER: GL 161 76 12 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS 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 persons) 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 of 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 ® ISO Properties, Inc., 2004 Miscellaneous Attachment : M87016 Certificate 1D : 3640584 .07/10/2008 07:13 FAX 8583202001 KLEINFELDER 0005/006 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 : M870! 8 Certificate la : 3640584 ,07/10/2008 07:13 FAX 8583202001 KLEINFELDER EO06/006 POLICY NUMBER: CA 826 29 87 COMMERCIAL AUTO CA20480299 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 Organizatlon(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 11 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 04/01/2008 forms a part.of Policy No. WC 159-38-27 Issued to THE KLE I NFELDER 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 Asi,ot_g4 inici uorzr-ve rnov Authorized Representative RESOLUTION NO. 2009 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER WEST, INC., TO PROVIDE CONSTRUCTION MATERIAL TESTING SERVICES FOR THE BAY MARINA DRIVE WIDENING PROJECT IN THE NOT -TO -EXCEED AMOUNT OF $29,000 WHEREAS, the City desires to employ a consultant to provide Construction Material Testing Services for the Bay Marina Drive Widening 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 for the not -to -exceed amount of $29,000. 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., to provide Construction Material Testing Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $29,000. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of Februa 09. on Morrison, Mayor ATTEST: Michael R. Dalla, ity Clerk APPROVED AS TO FORM: y //J George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 17, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California h, ir,City Clerk of the City ofal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-26 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT ,ftor MEETING DATE February 17,2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of National City approving an agreement with Kleinfelder West, Inc. to provide construction material testing services for the Bay Marina Drive Widening Project in the amount not -to -exceed $29,000 and authorizing the Mayor to execute the agreement. Funds are available in the Tax Increment Fund PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION Kleinfelder West, Inc. will provide construction material testing services. See also attached the project description. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in Expenditure Account # 511-409-500-598-3842, Marina Gateway Improvements STAFF RECOMMENDATION Adopt the Resol BOARD / COMMISSION RECOMMENDATION N/A f Account No. 511-409-5110-.5c18-3R42 ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Project Description 3. Agreement (2 copies) kleinmarina 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 February 19, 2009 Mr. David Timms Kleinfelder West, Inc. 5015 Shoreham Place San Diego, CA 92122 Dear Mr. Timms, On February 17th, 2009, Resolution No. 2009-26 was passed and adopted by the City Council of the City of National City, authorizing execution of an 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, /ilaajj Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Department ® Recycled Paper