HomeMy WebLinkAboutAGENDA REPORT 2011 0119 CC REG ITEM 09F ITEM 9.17.
rqy Cotfnril roopting
ACTIOW
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mai
BY: Jessica Sandifer, Management Analy
DATE: January 5, 2011 (CC Meeting of 1/19/11
SUBJECT: Consider Agreement with Testing Engineers Southwest, Inc.
dba Vertical-V Testing Engineers, Inc. for Materials Testing,
Special Inspection and Geotechnical Services for the Ruben
Castro Human Services Center Capital Improvement Project
(5020)
BACKGROUND
The Ruben Castro Human Services Center (RCHSC) project consists of two buildings
totaling approximately 25,000 square feet (the Facility). Building A is 10,000 square feet
and is designed to house non-emergency medical services. Building B is approximately
15,000 square feet and has been planned as an "Under-One-Roof" facility for various
social services, educational uses, and charitable services. The construction plans and
specifications are complete and the project was sent out to bid. Bids were due on
October 21, 2010.
Since the project has been bid, it is now appropriate to secure the services of a firm to
provide materials testing, special inspection and geotechnical services for the project.
DISCUSSION
In January 2009, the City submitted an informal request for proposals for Materials
Testing, Special Inspection and Geotechnical Services. Two responses to the proposals
were received from: Vertical-V, and Smith Emery Labs. After staff review of the
proposals, Vertical-V was selected based on their understanding of the scope of work
and the fact that they are based in Ventura, which allows for quick access to the project
site when services are needed. This proximity will avoid delays in the project which can
occur while waiting for the inspectors to arrive. Shortly after the request for proposals
was issued, the Human Services Center project was put on hold. After City Council
65
Honorable City Council
January 19, 2011
Page 2
approved the project to go to bid, staff contacted Vertical-V and they were willing to
honor the quote they previously provided.
FISCAL IMPACT
The baseline estimate for Vertical-V's work is on a time and materials basis of
$156,152. This amount is based on materials testing, special inspection, and
geotechnical services as required by the construction documents. However, sometimes
unforeseen conditions exist that require additional services that are not called out in the
construction documents. In light of this, staff is also proposing adding a 10%
contingency amount of $15,615 to the baseline estimate, to cover these unforeseen
conditions.
The Redevelopment Agency Board has been requested to appropriate funds for these
services in an earlier action on the Agency Board Agenda.
STAFF RECOMMENDATION
Approve agreement with Testing Engineers Southwest, Inc. dba Vertical-V Testing
Engineers Inc. for materials testing, special inspection and geotechnical services and
authorize City Manager to sign the agreement subject to final language approval of the
City Attorney and City Manager and authorize City Manager to approve additional
services not to exceed 10% contingency amount outlined in the report.
Attachment—Agreement
66
ATTACHMENT
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF MOORPARK AND TESTING
ENGINEERS SOUTHWEST, INC. dba VERTICAL-V
TESTING ENGINEERS, INC. FOR MATERIALS TESTING,
SPECIAL INSPECTION AND GEOTECHNICAL SERVICES
FOR THE RUBEN CASTRO HUMAN SERVICES CENTER
This Agreement is made and entered into in the City of Moorpark on this
day of , 2011, by and between the City of Moorpark, a
public body, corporate and politic ("City"), and Testing Engineers Southwest, Inc. dba
Vertical-V Testing Engineers, Inc., a California corporation ("Consultant") providing
materials testing, special inspection, and geotechnical services. In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on the date it is first signed and shall remain and
continue in effect until the tasks described herein, and on any amendments hereto, are
completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
City hereby retains Consultant in a contractual capacity to perform professional
services as set forth in Exhibit A, Proposal, attached hereto and incorporated herein. If
the Proposal is modified by this Agreement, or in the event there is a conflict between
the provisions of the Proposal and this Agreement, the language contained in this
Agreement shall take precedence.
3. Performance
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience, and talent, perform all tasks described herein. Consultant shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder to meet its
obligations under this Agreement.
4. Responsible Individuals
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Consultant and City shall be Scott Moors and no other individual may be submitted
without the prior consent of City Manager.
Professional Services Agreement between Page 1 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
67
The City Manager, or his designee, shall represent City in all matters pertaining to
the administration of this Agreement, review and approval of all products submitted by
Consultant. The City Manager is authorized to act on City's behalf to execute all
necessary documents which increase the Scope of Services or change Consultant's
compensation, subject to Section 5 hereof.
5. Payment
a) For providing services as specified in this Agreement, City shall pay and
Consultant shall receive as full compensation a total sum based on fees as shown in
Proposal. This amount shall not exceed one hundred and fifty-six thousand, one
hundred and fifty-one dollars and fifty cents ($156,151.50) plus ten percent (10%)
contingency of fifteen thousand six hundred and fifteen dollars ($15,615.00) for the total
term of the Agreement unless additional payment is approved as provided in this
Agreement. Consultant will provide appropriate back-up documentation, as determined
by the City, for all reimbursable expenses.
b) Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement, which are in addition to those set
forth herein, unless such additional services are authorized in advance and in writing by
the City Manager. Contractor shall be compensated for any additional services in the
amounts and in the manner as agreed to by City Manager and Contractor at the time
City's written authorization is given to Contractor for the performance of said services.
The City Manager is authorized by the City Council to approve additional work not to
exceed the ten percent (10%) contingency amount stated above.
c) Consultant shall submit invoices at the completion of each of the tasks.
Invoices shall be submitted on or about the first business day of the month, or as soon
thereafter as practical, for services provided. Payment shall be made within thirty (30)
days of receipt of each invoice as to all non-disputed fees. If the City disputes any of
Consultant's fees it shall give written notice to Consultant within fifteen (15) days of
receipt of an invoice of any disputed fees set forth on the invoice.
6. Incorporation by Reference
All exhibits herein referenced are hereby incorporated into and made a part of the
Agreement.
7. Suspension or Termination of Agreement without Cause
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
Professional Services Agreement between Page 2 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
68
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination or suspension, Consultant shall be compensated for such services up to the
date of termination or suspension. Such compensation for work in progress shall be
prorated as to the percentage of progress completed at the date of termination or
suspension.
In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the City
pursuant to Section 5.
8. Default of Consultant
a) The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
b) If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any terms or conditions of this Agreement, the City
Manager shall cause to be served upon the Consultant a written notice of the default.
The Consultant shall have ten (10) days after service of said notice in which to cure the
default by rendering a satisfactory performance. In the event that the Consultant fails to
cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
9. Indemnification and Hold Harmless
Professional Liability: Consultant shall indemnify, defend (with counsel
reasonably acceptable to City) and hold harmless City, and any and all of its employees,
officials and agents ("the Indemnitees") from and against any liability (including liability
Professional Services Agreement between Page 3 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
69
for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys' fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arises out of, are a consequence of, or are in any
way attributable to, in whole or in part, the negligence, willful misconduct, errors or
omissions, in performance of this Agreement by Consultant or by any individual, or entity
for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant, except such damage as is caused by
negligence of the City or any of its officers, employees, servants, project coordinators or
agents.
Other than Professional Liability: Consultant shall indemnify, defend and hold
harmless City, and any and all of its employees, officials and agents from and against
any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys' fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are
a consequence of, or are in way attributable to, in whole or in part, the performance of
this Agreement by Consultant or by any individual or entity for which Consultant is legally
liable, including but not limited to officers, agents, employees or subconsultants of
Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver
of any rights hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs and expenses described in this section.
Professional Services Agreement between Page 4 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
70
10. Insurance
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and part of this
Agreement.
11. Independent Consultant
a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant's officers, employees, or agents, except
as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
b) No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
12. Notices
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2) delivery
by a reputable document delivery service, which provides a receipt showing date and
time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by notice:
City: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
Consultant: Vertical-V Testing Engineers, Inc.
1868 Palma Drive, Suite A
Ventura, CA 93010
Attn: Scott Moors, President
Professional Services Agreement between Page 5 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
71
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. It is
understood and acknowledged by the parties that Consultant is uniquely qualified to
perform the services provided for in this Agreement.
14. Entire Agreement
This written Agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete Agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding, or representation be binding on the parties hereto. Should interpretation
of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and shall not be interpreted against
either party on the ground that the party prepared the Agreement or caused it to be
prepared. No waiver of any provision of this Agreement shall be deemed or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provisions. No waiver
shall be binding, unless executed in writing by the party making the waiver.
15. Anti-Discrimination
In the performance of the terms of this Agreement, Consultant agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of the age, race, color, creed, sex,
sexual orientation, national origin, ancestry, religion, physical disability, medical
disability, medical condition, or marital status of such persons. Violation of this provision
may result in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
16. General Conditions
a) Consultant agrees not to work for any private firm located within the City
limits or its Area of Interest, or for any public agency where its jurisdiction includes all or
part of the City without the prior written consent of the City, during the term of this
Agreement. Furthermore, Consultant agrees to limit its actions related to economic
interest and potential or real conflicts of interest as such as defined by applicable state
law to the same standards and requirements for designated City employees.
Professional Services Agreement between Page 6 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
72
b) City shall not be called upon to assume any liability for the direct payment
of any salary, wage or other compensation to any person employed by Consultant
performing services hereunder for City.
c) At the time of 1) termination of this Agreement or 2) conclusion of all work,
all original reports, documents, calculations, computer files, notes, and other related
materials whether prepared by Consultant or its subcontractor(s) or obtained in the
course of providing the services to be performed pursuant to this Agreement shall
become the sole property of City. Any word processing computer files provided to City
shall use Microsoft Word for Windows software.
d) Nothing contained in this Agreement shall be deemed, construed or
represented by City or Consultant or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint venture, or of any other association of
any kind or nature between City and Consultant.
e) In the event any action, suit or proceeding is brought for the enforcement
of, or the declaration of any right or obligation pursuant to this Agreement or as a result
of any alleged breach of any provision of this Agreement, the prevailing party shall be
entitled to recover its costs and expenses, from the losing party, and any judgment or
decree rendered in such a proceeding shall include an award thereof.
f) Cases involving a dispute between City and Consultant may be decided by
an arbitrator if both sides agree in writing on the arbitration and on the arbitrator
selected, with costs proportional to the judgment of the arbitrator.
g) The captions and headings of the various Sections and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Sections and Exhibits hereof.
h) If any portion of this Agreement is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remaining provisions will never-the-less
continue in full force without being impaired or invalidated in any way.
i) No officer, employee, director or agent of the City shall participate in any
decision relating to this Agreement which affects the individual personal interest or the
interest of any corporation, partnership, or association in which he is directly or indirectly
interested, or shall any such person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
Professional Services Agreement between Page 7 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
73
17. Governing Law
The City and Consultant understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein shall
be filed in the applicable court in Ventura County, California.
18. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that this individual has the authority to execute this Agreement on behalf
of the Consultant and has the authority to bind Consultant to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK: VERTICAL-V TESTING ENGINEERS, INC.
Steven Kueny Scott Moors
City Manager President
ATTEST:
Maureen Benson, City Clerk
Exhibit "A": Proposal for Professional Services
Exhibit "B": Insurance Requirements
Professional Services Agreement between Page 8 of 8
City of Moorpark and Vertical-V Testing Engineers, Inc.
74
EXHIBIT A
Vertical
August 16, 2010 Proposal No: 4502.10.1 89
City of Moorpark
Assistant City Manager's Office
799 Moorpark Avenue
Moorpark, California 93021
ATTENTION: Jessica Sandifer, Management Analyst
SUBJECT: Materials Testing, Special Inspection and Geotechnical Services for the Ruben
Castro Human Services Center, Project No. 5020
BTC LABS -Vertical V is pleased to submit this proposal for the referenced protect. Our estimated
scope of services and estimated costs are detailed below.
Estimate includes inspections that may be performed by Project Inspector,
Scone of Work and Cost Estimate Rate Units Total
Building A:
Concrete:
Reinforcing Steel Inspection(foundation) $ 76 hr 12 $ 912.00
Concrete Placement Inspection(foundation) $ 76 hr 8 $ 608.00
Reinforcing Steel Inspection (slab on grade) $ 76 hr 12 $ 912.00
Concrete Placement Inspection (slab on grade) $ 76 hr 8 $ 608.00
Concrete Technician (slump, temp,cylinders)foundation &SOG $ 76 hr 12 $ 912.00
Concrete Batch Plant Inspection (foundation and slab on grade) $ 76 hr 16 $ 1,216.00
Concrete compression tests($25. ea/sets of 4 ea.) $ 25 ea 32 $ 800.00
Concrete cylinders pickup($9:50 ea.f sets of 4 ea.) $ 9.5 ea 32 $ 304.00
Reinforcing Steel:
Reinforcing Steel Bend tests rebar $ 40 ea 4 $ 160.00
Reinforcing Steel Tensile tests rebar $ 45 ea 4 $ 180.00
Reinforcing Steel sampling(2 hr. min.) $ 70 hr 4 $ 280.00
Structural Steel:
Shop Welding Inspection (including material ID) $ 69 hr 120 $ 8,280.00
Field Welding Inspection(erection,HS Botts,nelson studs and canopies) $ 76 hr 184 $ 13,984.00
Field Welding Inspection (rebar#8) $ 76 hr 8 $ 608.00
High Strength Bolt Testing &Washers- (proof, hardness, ultimate $ 350 set 4 $ 1,400.00
load test-3 of ea. per set)
Metal Deck Welding Inspection $ 76 hr 16 $ 1,216.00
Metal Framing Welding Inspection $ 76 hr 120 $ 9,120.00
Ultrasonic Testing (field) $ 80 hr 8 $ 640.00
Fireproofing Inspection (if required) $ 76 hr 0 $ -
BTC LABS-Vertical V A Vertical V, Inc. Company
1868 Palma Drive, Suite A,Ventura, CA 93010 www.Vertical-V.com
Phone: (805) 656-6074 Fax(805) 656-1263 Offices Nationwide
75
Miscellaneous:
Epoxy Inspection $ 76 hr 8 $ 608.00
Non-Shrink Grout Inspection (if required) $ 76 hr 40 $ 3,040.00
Non-Shrink(Dry-Pack) Grout compression tests(sets of 3 ea.) $ 96 set 5 $ 480.00
Non-Shrink Grout sample pickup(sets of 3 ea.) $ 28.5 set 5 $ 142.50
Bolt Testing (expansion anchors and torque testing) $ 76 hr 12 $ 912.00
Building B:
Concrete:
Reinforcing Steel Inspection (foundation) $ 76 hr 20 $ 1,520.00
Concrete Placement Inspection (foundation) $ 76 hr 16 $ 1,216.00
Reinforcing Steel Inspection (slab on grade) $ 76 hr 20 $ 1,520.00
Concrete Placement Inspection(slab on grade) $ 76 hr 16 $ 1,216.00
Concrete Technician (slump, temp, cylinders)foundation &SOG $ 76 hr 32 $ 2,432.00
Concrete Batch Plant Inspection(foundation and slab on grade) $ 76 hr 32 $ 2,432.00
Concrete compression tests ($25. ea!sets of 4 ea.) $ 25 ea 72 $ 1,800.00
Concrete cylinders pickup($9.50 ea.!sets of 4 ea.) $ 9.5 ea 72 $ 684.00
Reinforcing Steel:
Reinforcing Steel Bend tests rebar $ 40 ea 4 $ 160.00
Reinforcing Steel Tensile tests rebar $ 45 ea 4 $ 180.00
Reinforcing Steel sampling (2 hr, min.) $ 70 hr 4 $ 280.00
Structural Steel:
Shop Welding Inspection (including material ID) $ 69 hr 200 $ 13,800.00
Field Welding Inspection(erection,HS Bolts,nelson studs and canopies) $ 76 hr 240 $ 18,240.00
Field Welding Inspection(rebar#8) $ 76 hr 12 $ 912.00
High Strength Bolt Testing &Washers-(proof, hardness, ultimate $ 350 set 4 $ 1,400.00
load test-3 of ea.per set)
Metal Deck Welding Inspection $ 76 hr 32 $ 2,432.00
Metal Framing Welding Inspection $ 76 hr 240 $ 18,240.00
Ultrasonic Testing (field) $ 80 hr 12 $ 960.00
Fireproofing Inspection (if required) $ 76 hr 0 $ -
Miscellaneous:
Epoxy Inspection $ 76 hr 12 $ 912.00
Non-Shrink Grout Inspection (if required) $ 76 hr 80 $ 6,080.00
Non-Shrink(Dry-Pack)Grout compression tests(sets of 3 ea.) $ 96 set 10 $ 960.00
Non-Shrink Grout sample pickup(sets of 3 ea.) $ 28.5 set 10 $ 285.00
Bolt Testing(expansion anchors and torque testing) $ 76 hr 20 $ 1,520.00
Site Work:
Site Grading Observation&Testing $ 78 hr 64 $ 4,992.00
Utility Backfill Observation &Testing $ 78 hr 40 $ 3,120.00
Pavement Observation&Testing $ 78 hr 16 $ 1,248.00
Max Density(Lab) $ 155 ea 4 $ 620.00
Expansion Index $ 158 ea 2 $ 316.00
R-Value $ 270 ea 1 $ 270.00
Corrosivity $ 288 ea 2 $ 576.00
BTC LABS-Vertical V A Vertical V, Inc. Company
1868 Palma Driye, Suite A,Ventura, CA 93010 www.Vertical-V.com
Phone: (805) 656-6074 Fax(805) 656-1263 Offices Nationwide
76
Mix Design Review(concrete and grout) $ 230 ea 4 $ 920.00
Aggregate Tests(sieve analysis&specific gravity) if required $ 145 ea 4 $ 580.00
Masonry Placement Inspection $ 76 hr 160 $ 12,160.00
Batch Plant Inspection (Grout)if required $ 76 hr 12 $ 912.00
Mortar compression tests($25.ea./sets of 4 ea.) $ 25 ea 24 $ 600.00
Grout compression ($30. ea. /sets of 4 ea.) $ 30 ea 8 $ 240.00
Mortar&Grout sample pickup($9.50 ea. /sets of 4 ea.) $ 9.5 ea 32 $ 304.00
Block Sampling $ 70 hr 4 $ 280.00
Masonry Unit acceptance test includes absorption, compression, $ 465 set 1 $ 465.00
moisture content&unit weight tests)
Masonry Prisms(1 set of 5 @$140. ea. ) if required $ 140 ea 5 $ 700.00
Masonry Prism pickup $ 29 ea 5 $ 145.00
Project Management/reporting/coordination time $ 120 hr 10 $ 1,200.00
TOTAL: $ 156,151.50
Notes:
1 Travel time and mileage will be waived to project job site for inspectors.
2 Travel by Field Technicians and inspectors to offsite locations will be charged portal-to-portal and mileage.
3 Special Inspectors 4 hrs.daily minimum,actual hours thereafter.
4 Technicians 2 hr,daily minimum,actual hours thereafter at hourly rate.
Assumptions:
1 Proposal is based on plans and RFP provided by the City of Moorpark.
2 Shop and offsite inspections will be billed portal to portal and subsistence, as applicable.
3 The estimate is provided for budgetary purposes only and is not a lump sum 1 not to exceed
cost. Billing will be for actual service provided.
4 Services will be performed in accordance with the accompanying"Terms and Conditions"made
a part of this agreement.
5 Added charges will be charged in accordance with the attached 2010 Schedule of Fees and
prevailing wage rates.
BTC Labs appreciates the opportunity to be of service. If you have any questions,please do not hesitate to
contact us.
Respeelfirlly Submille(
BTC LABS - Vertical V Reviewed B)),
1 ,
Carol Harrison Scott Moors, CEG 1901
Marketing Manager President
Attachments: Terms and Conditions
2010 Schedule of Fees
BTC LABS-Vertical V A Vertical V, Inc. Company
1868 Palma Drive, Suite A,Ventura, CA 93010 www.Vertical-V.com
Phone: (805) 656-6074 Fox (805) 656-1263 Offices Nationwide
77
WK AW
Vertical BTC L - Vertical V
G'eotecbnical Constrintion Inspection,&Materials I estin q Consultants
2010 FEE SCHEDULE
GENERAL CONDITIONS `Thanksgiving nay and the followying Friday, and Christmas Day.
Testing Samples - A hourly preparation charge will be added to all Should a holiday fill) on Saturday or Sunday, the closest previous or
samples submitted to the laboratory that are not ready for testing."I here following regular workday will be observed for the holiday.
will be a 50%premium charge for"Rb1SH-fR[OR/7T'*testing. Transportation-Transportation will be charged at SO.60 per mile for all
Scheduling - A ininitn um of 21-hours notice is required to schedule projects with a$30 minimum charge per trip. A fuel surcharge may be
personnel(48-hour notice is required for DSA projects). For same-day applied to invoices to offset an increase in fuel prices.
scheduling,,. a 50%premium applies. If less than 24 hours notice is Per Diem-Per diem will be charged at L I times the Federal(GSA)rate
provided on a cancellation,a charge of 2 hours vi ill be assessed, for all out-of-town assignments unless other arrangements are made.
Minimum Charges - Sneckil inspections: A minimum charge of 4 Engineering Revictr of Field& Lab Reports-All of our assignments
hours applies to inspection call-out betw"n 0 and 4 hours. Eight (8) arc under the direct supervision of a Registered Professional Engineer.
hours will be charged for work performed over 4 hours tip to eight Engineering time of one-half(12) hour per inspection day will be
hours. A 4-hour minimum charge shall apply to all cancellations after included for scheduling,report review,and data evaluation. Secretarial
inspector has been dispatched. Travel time is not normally charged for time for typing,copying,and distributing wvill be billed at a minimum of
inspections within 25 miles ofthe laboratory. 0.5 hours per week and includes up to 3 copies of the report(5 copies
1'ecimieiaas: A mininmrn charge of 2]tours applies to technician call- for DSA proiects). Additional copies will be billed at 52.00 per report.
out between 0 and 2 hours. Technician thu€ is portat-to-portal front Outside Seirvices I Subcontractors-Cost plus 15%will be charged for
lab-to-site-lo-lab. A 2-hour minimum charge shall apply to all any work not directly performed or for any materials procured.
cancellations after technician has been dispatched. Prevailing Wage-Client agrees to notify`the Laboratory,in wyriiing,of
Overtime }fates - Rates are based on an 8-hour workday between the any requirement for payment of California Prevailing Wages or any,
hours of 7:00 a.m. and 3:30 p.m., Monday through Friday, Work other predetemwined contract wage condition. Client agues to
outside of these hours or in excess of 8 hours in one day or over 40 iadenmit}, BTC Labs - Vertical Five against all costs related Client',,;
hours in one week will be charged a premium of 1.5 times the quoted failure to notify Lab ofpredetemtincd wage requirencnts-
rates, Work over 12 hours in one day or over 8 hours on the 7th Certified Payroll-An$80.00 per wveek,per project processing_fee for
consecutive day_ or work can holidays will be charged at 2.0 times Certified Payroll wyill be assessed on Prevailing Wage Projects_
quoted rates. a
Escalation-Rates are subject to 6/a annual escalation.
Holidays - 1 he following holidays are obser% New Years Dap,
Memorial Day, Independence Day, Labor Day, Veteran's Day,
1. PROFESSIONAL„"I'ECIINICAL,S SUPPOR"f S"I'AFF E. Support&i[TR S ci it Services Prerailir t{n¢e 54m and
Woarlr ram vuless athentire indicated Charges are portal-10 Portal from to 81C Labs) Latwmt ry Technician SS8.00 $78,00
A. Professional S4fT Stand,arci
File Search,Reissue of Report 545.00(min-)
A. P of CnoinccrtGeologisUConsttitsnt $1andir Certified Payroll Admin.(0.5 hr min hv`k) $80.00
Senior Engincor/Geologist/Consullant(PI:,CFG) $145.00 Cann Appearance and Depositions(4 hr miq) 5_70,00
Project Ensineer/Gcct}ogisdConsultantRtanager 5125.00 Ur rival CrlUU $7200
Ciericat 56200
Staff latgineer/Geologist/Consultalit 595.00
B. Field Samolinu-Inspection R Testing Prevailing Wee Standard IL IATEIZI ALS:1,11)EQl 1P,'1IEN-1-
Special(Deput),)Inspector S85.00 $76,00 A. [:guipment Rate
(Concrete,PT Concrete,,tlasomy.Sti ricrural Steel,Fireproofing,Pile Driving) 1. Air Dieter(Concrete) 545/dr/day`
MechanicaUEiectricat Inspector $95.00 $90.00 2 Cal ibrined Ram(Pull test) S7i/d1y
Roofing/Waterproofing Inspector 590.00 $85.00 3. Ceiling Wire Dead-Weight Equip, $I IOlday
Concrete/Asphalt Batch Plant Inspection 585.00 576.00 4, Cor..ciete Slab\loistuie Emission tilt $SSica
ACI Concrete Technician 583.00 570.00 5, Floor Flatness(plus labor-41ir min) Per Quote
Senior Technician*(So11'AsplmlrSpecial Testing) 588,00 576,00 6 Generator $65/day
Nondestrucitve Exai riff estitit(I T/Nfag Part/Dye Pen} S9 4.00 S84.00 7, Nfametic Particle Equipment R Constimables SSO/day
Trip Charge(,iihin a ratuyorr.av:;r>z,,,[houriy+,m,ige) 530 00 8, Miieaee-Field Vehicle(530/day minimum charge) S4601mi
Ser+9cte_nor aa. k,r<n by r,m-hnrg 'Seq.;nd�Nm,n„ar'rt.ing>.�t,�non,cr.•aur,r, r ,u�rr>rs 9, Mileage-Coring` ruck 50.65/mi
rarp,,'rr•,r: r. t,,.,lh,sc:N»rr.<i aa,,,,,_ 10. Nuclear Gauge S25/day
C. DSA/OSPFID insiteeF;on R Testing revailin li a e/Standard 11- Pachometer(Rebar)Survey EcIaipinent 575/day
�- -i
Project Inspector/10R,DSA Crass t S11000 12, Schmidt Hammer S35/day
Project Inspector/IOR,DSA Class fU111 $95.00 13- Skidmore Wilhelm,per day 570/day
DSA Masonry/Shotcrete Inspection S90,00 14. Torque Wrench(Large).per day S50/day
DSA Form 5(Inspector Qualifications) 545 ca. 15.Torque Wrench(Small),per day S 5/day
Special Inspection Verified Report(SIVRIVR) S 185(nun.!ea. I6- Ultrasonic Equipment&Consumables S60/day
Laboratory/G-cotechnical Verified Report 5385(min)ea IT Vehicle-Field Truck S55/day
6 Diamond Coring (min-charge=field time wv/travel+i hr.mob.ldemob,")
D. Sample Pickup c' Deliver• PreveulinK I'are Standard 1. Machine,truck R I operator(accessible fiattwork only) 517Mir $135 00/hr.
Sample Pickup(125mi rein(a Lab)-plus applicable trait price 555.00 2. Machine,[nick,operator and helper $250r1ir 185 00/hr.
Field Equipment R Supply Delivery(I hr min) $55-00 3. Coring Bit Charge S2-00/inch
Saturday Pickup(hourly,4 hr minimum,plus mileage) 575-00 4. Coring(nick mileage(pnral to portal) 50.65/mi
See Unit Prices forpickup charges of cylinlers,prisms,Imnels,etc. 5. 1 raflic Control Per Quote
rso
�, a Wietto
20 rU V5 Fen.schEfoe.R.1-9-1909, i� .. Page 1 of 3
HR*Lobs is cer-irRcd urapp:urrl{ti Dfie.CCi?L.;L111M k4,51110,Cahrant;R Cirr gfL4. p
70
!3'YC LABS-Vert ica I V
Vertical 2010 TEE SCHEDULE
10.Concrete mix proportion revision $150.00
ill. LAB TESTS:AGGREGATE&SOIL 1 1. Density of concrete cylinder(unit%%eight) $64.00
A Laboratory Tests L2. Drying shrinkage-ASTM C157(set of 3,5 ages) 5495.00
1, Abrasion Resistance by Los Angeles Rattler 5165.Ot) 13. End preparation of cores,diamond sawing,per cut 515,00
2. Absorption,sand or gravel-ASTM C127,C 128 $59.00 14. Flexural beam pick-up(>25rw radius of Lab add ho I piekup ram) $38.00 ea
3_ Acid solubility(includes Haz iN1at Fee) $225.00 15. Flexural strength,6"x6"beam-ASTSI C78&('293 $78,00
4. Atterburg Limits(LL and PL) $142.00 16. Shoterete/Gunite Core compression test(not including coring) 535.00
5- California bearing ratio(CBR)with expansion 5365.00 17. Coring of Shoterete/Gunite panel in laboratory,each core $5000
6. California bearing ratio(CBR)at 95%(3 points) $585.00 18_ShotCretefG%Itlite panel pick-Up(>25mi ra&us of Lib add houdy r du,rile) $38.00
7. Cement Treated Base(CTB),compact,cure&:test 5225 00 19. Lab,trial batch,not including specimen tests-ASTM C 192 Per Quote
8. Cement Treated Base-compression(make,cure,test-3 spec) 5565,00 20. Lightvweighw insulating concrete compress,4 req.--ASTM C49> S400
9. Cement Treated Base-stability 5525.00 21. Light%%eight insulating concrete--unit%%-eight(oven dry) 565 00
10. Clay lumps and friable panicles,per primary size-AST:vi 0142 $l 12,00 21 Modulus of elasticity,6"x12"cylinder-ASTM 0469 S21500
14. Cleanness'rest-Crh1227 5128.00 23. Petrographicanalysisofhardenedconcrete Per Quote
12. Crus!led particles,per p6miny size $125DO 24. Poisson's Ratio on 6"x12-cylinders-ASTM C469 S209.00
13 Direct Shear,remolded sample $285,00 25, Splitting tensile-ASTSI C496 $75,00
14 Direct Shear,undisturbed(ring)sample 5235.00 26, Statistical Analysis(S 105 mrninuun) Per Quote
I i Durability Index($120 per size fraction) $215.00 27, Non-Shrink(Dry-Pack)Grout-2"':x2"x2':set of 3 596.00
16, Expansion Index $158.00
17, Flat&Elongated Particles(per bin size) ASTM D4791 $175,00 C Masotw
18. hydrometer analysis(without specific gravity) $132.00 1. Absorption test,brick,-5 required-A5TST C67 $75.00
19, Lightweight pieces,per size fraction-AS"TNI C123 $401.00 2. Absorption test,masonry unit,3 required-ASTM C 140 $45.00
20 Lime content of treated Materials(by titration): (Nei area requires absorption and unit weight)
it Lime content curve determination,for each material $395.00 3_ Con;pressive strength,brick,5 required-ASTM C67 545.00
b.L.inic content,including untreated control sample S145,00 4. Tensile test on masonry block 5190.00
21 Maxinunn(Tensity-optimum moisture(4 in.mold-soil) $155.00 5 Compression test on masonry core 53500
22. Maximums density-optimum moisture(6 in_mold-base Rz gravel) 5190.00 6 Compression of masonry prisms 8"x 8"-ASTM E447
23. Maximum Density Checkpoint $90,00 (other sizes by quote-may require cutting charge) S 145 00
24. ;tloistare&Dry Density(ring samples) S20,00 7. Compression test,masonry unit,3 required-AS TSI C 140 565.00
25. rNfoisturedetermination(aggregate samples) 535.00 (Requires absorption/unit weight tests for Net Area)
26. Mortar making properties of Sand ASTM C87 5360,00 8, Masonry Prism Pickup S2900
27, Mortar Properties-CTM 515 5410.04 9, Compression test,grout specimens 530.00
28. Organic impurities-ASTM C:40 57500 10. Compression test,mortar sEkCimens 525,00
29 Permeability, Constant Head $360.00 H. Diamond saving ofmasomy specimens,if required(minrnuun) S2400
Falling Head 5375.00 12. Efflorescence,first unit(i%,,$125.00,each additional 4%: 554.00
30_ pli(sort) $35.00 13. Linear shrinkage,mason)unit,3 required-ASTM 0426 $98.00
31, Potential Reactivity Test ASTM C289 Chemical Method $495M 14. Modulus of rupture,brick,5 required-ASTSI C67 $42,03
31 Potential Reactivity ASTM 0227 Mortar Bar Nlethod(3 month) `;785.00 15. Moisture content,masonry unit(as rcceived),3 req'd-ASTM CHO S42.01
Each additional month SI 18.00 16. Shear test on masonry core 585.00
33. Potential Reactivity-test ASTM C1260 Rapid Method 5589"00 17, Unit weight,masony unit;3 required-ASTM CHO $45,00
34. W Value(11VEEh1)(Treated material by quote) $270.00
35. Rip Rap,Slope Protection,Quary Stogie Acceptance Per Quote
36. Sand equivalent 5110.00 V. l.,\13"IFS"iS:REIVFORC'1NG&STRt'C`ft'Rai.STEFL
37_ Sieve analysis(coarse and line) $94,00 A General Testing
38- Sieve analysis(coarse or fine) $74,00 L Processing mill certification(each size&heat) $18,00 erg.
39. Soil Classification(Visual-Manual) 524.00 2. Rue kwell or Brinell I lardnos,average of three readings S24 00 en,
40, Soil resistivity(for estimated pipe life),includes pH $13200 3. Zrrnc coaung,each item(includes Ilaz Stat Fee) 5187.00
41, Soluble Chloride(soils) $78.00 B Reinforcinu Steel
42. Soluble Sulfate(soils) $78.00 1, Deformation,reinforcing steel $40,00
43. Specific gravity coarse $60.00 1 f re-stress,strand or wire,tensile&elongation Per Quote
fine(sand) $75.00 3. Proof test on post-tension assembly Per Quote
clay S110.00 4- Baud Test(rebar) 545.00
44, Sulfate Soundness,5 cycle test pr primary size-ASTM C88 5325.00 5. "tensile test(rebar),up to R including 98 $45,00
45. Uncompacted Void Content of Fine Aggregate-AASHTO T304 S145.00 6. 'tensile test(rebar)99,910,411 560.00
46, Unconfined compression on prepared specimens $95.00 7. Tensile test(rebar)H 14,418 $160.00
47_ Unit weight-ASTM C29 $7200 8. Rebar Mechanical Coupler(Tension)-lest(up to 9 i I bar) S125.0)
48. Nash analysis(anus X200) S62-00 C Stnicnral Steel
1. Cutting&machining chirges 572.0011u
1V. LAB"TESTS: CE;IIE r,CO.NCRETE,&DIASO\Rl' I Bead test.,structural,all sizes $40.00
A Cement 3_ Tensile test,structural,less than'/:"cross sectional area
1. Atkati content of Portland Cement Per Quote (cutting R machining extra)* $=1100
2, Grab sample(CCR Title 24)includes I year storage 548.00 4. Tensile test,structural,over IK"cross sectional area
3, Testing individual samples of centers,ASTM C 15 Per Quote (<cutting&machining extra)* $55.00
5_ Flattening test of pipe $42 00
I3 Concrete "Tensile and vielti by percentt offset,aeld 585.01)
1. Cement content of hardened concrete Per Quote D Hwh Strength Bolts
2. Concrete compression:6x12 cylinders-ASTSI C39: $25.00 1. Bolts-proof load 539.00
3, Concrete compression:4x8 cylinders-ASTM('39: 520.00 Bolts-ultimate load 54500
4 Concrete cyl inder pickup:6x12(."25,:d ra w of abadd hoo,it 1-wp r"ne) 59.50 ea Bolts-hardness 525 00
5, Concrete cylinder pickup:4x8(>25m;raftasartabedahutr,4p,A,put0 S7?Oca, 2. Nuts-prQofload `;39,00
6_ Concrete cylinder mold(vv/lid-spare) $5,00 Nuts-hardness $25.0+0
7- Concrete core compression test-ASTM C42 535.00 3 11`ash,rs-hardness S2i 00
8_ Concrete]rial Batch(includes 6 compression tests) $765-00
9. Concrete Mix Design Review(excludes testing R revisions) $230.00
Page 2 of,?
79
13TC LABS-VerticaI V
Vertical 2010 FEE SCHEDULE
E `.t'ekiinu,z Procedure and NeldeLOwlifcation Tests D.Asphaltic Concrete,Age efatz And Mixes
Coupon thick-tress(mild steel only) 103;8" over 3�8 I. Bulk Specific Gravity Ctnnpaeted AC--CTtit 3ti8,,SAS[1'O'r t66 $225.(10
1_ Fracture bend(fillet) 541W 2. Centrifuge kerosene equivalent,CKE-C"rAi 303 S225,00
2. Macroetch $49.00 ea 3 Complete mix proportion for by Marshall Method $2,900.00
3. Free bend $60.00 with R A.P. 53,700.0:1
4. Nick break $41.00 ea. $33.00 4. Complete mix proportion by(FIVE AI)Method S2,70000
5. Side,fare or root bend $22.00 ea. 527.00 with R.A.P. 53,500.00
6. 'tensile $31.00 ea. $43.00 5. Caring of asphaltic concrete-See Section E Diamond Coring
7, W'etderQualificationRecords 115.00 6, Ignition Oven Corree.tion Factor-Ctrb1281 5650LO
Gedudes evaluation of test spcciureus and prep nzrtiwt o., anrperl 7. Extraction,%bitumen and sieve analysis-AS1&12172
Wehler73roceclure Qualification Recorals per applicable code. Solvent Extradion Method--ASTM 2172 5325.00
"Welder quallllcation examinations ca•e given in our laboraton^at,at tab icotor's Ignition Oven Method-CTM 281 ,5225.00
shop with 4-hour minintanr is ilnessing charge. 8, Extraction,%bitumen only
""Fees listecl are for tests onli� Sample preltaratho,rnupon ruachudng,etc.,mill Solvent Extraction Method-ASTM 2172 5265.00
be charged m applicable hourly lab rates and cost phis 15°0(or Outside Direct Ignition Oven Method-CTN1 281 $141.00
Costs. 9. Film stri stripping PP $165.00
10. ignition Oven Correction Factor 56;45.00
VI. ivIISCELI,.AN'EOL'S CONSTRUCTION NIATERi ALS TESTS 11, index of retained strength,in conjunction with mix proportion R
I. Calibration Certificates Per Quote index cif retained strength(24 hr_immersion)ASTM D-1074 $835.00
2. Density of Sprayed Fireproofing S70.00 12. Marshall test,per specimen(stability and flow)-ASTM D-1559 S 125M
3. Fireproofing Bcmd Pult Test 538.00 13, Marshall Specific Gravity S 225.00
4. Roorroc Strength $54.00 14_Theoretical hiWxinxnn Slecific Gravity(RICF,)-ASTM D-2041 5200.00
5. Roof-File Absorption $3800 15. Moisture content-ASTM D-1461 $115.00
6. RoofCut-rests(totalweightonly) 557.00 16- Moisture vapor susceptibility,inconiunetionavith
7. Ply count,separation,bituminous content,etc. Per Quote stabitonteter-CTM 307 $345.00
S. dobsrtz I railer or Mobile Laboratory Per Quote 17. Recovery ofextracted asphalt(does not include tests
9. tin i versa I Testing Machine(Hourly) 5150.00 on asphalt)-ASTM D-5404 $250.00
10. Ground Red Test(plus travel) $150.00 18. Recovery of rubber from ARHA1 extraction 51 15.00
19. Specific gravity of core-ASTM D-2726 S60,G0
20. Specific gravity(max density)of compacted sample CA375
NIL ASPH.kCI'&ASPIlAt;rIC CON('RETH 1 pt LTMD 572.00
3 pt L7'MD 5210.00
A,Asphalt Pavement Enginecrirw 5 pt.LTh1D $325.00
1 CALTRLANS'third Party Resolution Documentation Fee 5350.00 21, HVI:iih1 Stabilometer test on premised sample-CTIIM 366 $185.00
2. Pavement Evaluations $425.00(minimum) Stabilometer test and mixing of sampiz 4400.00
22. Surface abrasion CI M 360 5445.0)
B.Asphaltic Cements And Liquid.salts 23_ Swdt test in conjunction with stabiiometer-CTM 305 $115,00
1. Absolute viscosity-ASTM D-2171,AASII`FO 1-202 24. Tensile strength ratio,in conjunction with mix proportion
At 140'F 5155.Ck7 -AASH"TO'l-283,CTM 371 S1,000.(K)
Other temperature $185.00 25. Viscosity curve for ARHM(%rubber)binder blend-6 hr. $370,00
2. Brookfield Viscosity--ASTM D2669 5165.00 -8 fir. 51.200.00
3. Cone penetration-ASTM D-217 $125,00
4. Ductility at 77°F-ASTM D-113,AASHTO T-51 $185.00 NOTE: Wiere,prices are listed for mix proportions,the necessary specific gravity
Other temperature $275.00 tests and sieve analyses are included; however, agg'egate and asphalt
5. Flash point Cleveland Open Cup-ASTM D-92, qualification tests are not
AASHTO T-48 $125.00
6. Kinematic viscosity-ASTM D-2170,RASH rO T-201
At 140 F or 275"F 5125.00
Other temperature SI 55.00
7- Penetration--ASTM D-5,AASHTO T-49(at 77T) $115.00
Other temperature S135.00
8_ Resilience-ASTAtD5329 $155.00
9. Softening point-ASTM D-36 $125.00
10. Solubility in trichloroethyle tie-ASTLI D2042,
AASH`t0 T-44 $185.00
It. Specific gravity-ASTM D-70,AASHTO T-228 $125.00
C.Emulsions And Slurp,Seats
t. Cement mixing-ASTM D-244,AASHTO T-59 5105(1t)
2. Consistency test-ASTM D-3910 $95.00
3. Denwlsibilm,-ASTM 0-244,AASHTO T-59 $115.00
4. Miscibility-ASTNID-24-4 $115.00
5. Particle charge-ASTNI D-244,AASHTO T-59 $75.00
6. pfIdetermiration $75.00
7. Oven cook off(%residue) $10000
8. Set time--ASTM D-3910 585.00
9. Settlement,5 or 7 dap-ASTM D-244,AASH f0 T-59 $155.00
10. Shirty seal nix proportion 51,750.00
11, Solids content by evaporation and extracliun(Shtrry) $205.00
12. Storage stabilinY,1 day-ASTaNI D-244 5150.00
13. Toaional Recovery Si25,00
14. Net Track Abrasion -ASTM D-3910(prep.not included) 5270.00
Page 3 of 3
80
EXHIBIT B
Insurance Requirements
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance..
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence and $2,000,000 in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant employees will use personal autos in
any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of" the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Worker's Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
81
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum of $25,000 self-insured
retention for liability not covered by primary but covered by umbrella. Coverage shall be
provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to the City for injury to employees of Consultant,
subconsultants or others involved in the Work. The scope of coverage provided is
subject to approval by the City following receipt of proof of insurance as required herein.
Limits are subject to review but in no event less than $1,000,000 per occurrence.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees, servants, agents, and independent consultants ("City indemnities"),
using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Consultant also agrees to require all contractors and subcontractors to do
likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractor's to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or any contractor or subcontractor.
82
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any
time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by City shall
be charged to and promptly paid by Consultant or deducted from sums due
Consultant, at City option.
8. Certificates are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subconsultant, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project, who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self-insure or to use any self-insured retention or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self-insure its obligations to City. If Consultant's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured
83
retention must be declared to the City. At that time the City shall review options
with the Consultant, which may include reduction or elimination of the deductible
of self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage, only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement is required in these specifications
applicable to the renewing or new coverage must be provided to City within five
days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a give coverage feature is for purposes of clarification only as it pertains to a
84
given issue, and is not intended by any party of insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes
no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
85