HomeMy WebLinkAboutReso 91-067 - Approve agreement for materials testing services for the Clover Creek Trunk Sewer Line, Enterered into between the COR & Kleinfelder I1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT FOR MATERIALS TESTING SERVICES FOR
THE CLOVER CREEK TRUNK SEWER LINE, ENTERED INTO BETWEEN THE
CITY OF REDDING AND KLEINFELDER, AND AUTHORIZING THE MAYOR
TO SIGN SAME.
BE IT RESOLVED by the City Council of the City of Redding as
follows:
i 1. That the City Council of the City of Redding hereby
approves the attached Agreement for materials testing services
for the Clover Creek trunk sewer line, entered into between the
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City of Redding and Kleinfelder; and
2. That the Mayor of the City of Redding is hereby
authorized and directed to sign all necessary documents on behalf
of the City of Redding, and the City Clerk is hereby authorized
and directed to attest the signature of the Mayor and to impress
the official seal of the City of Redding on the aforesaid
Agreement, when appropriate.
3 . That a true copy of said Agreement is attached hereto
and -incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 5th- day of February 1991, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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N CY WVFUM, Ma*or
City i6f Redding
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS, City Clerk R DALL A. HAYS, C ty Attorney
STANDARCWM OF AGREEMENT TO ENGAGE THE S*ICES
_ OF
KLEINFELDER
MATERIALS TESTING SERVICES 26-1451-03
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THIS AGREEMENT,entered into at Redding, California
on the 19th dayof December ,19 90 ,byandbetween City of Redding
hereinafter called"Client,"and Kie 1nT—e 13e r, Inc.
hereinafter called"Kleinfelder,"is as follows:
The Client intends to construct the Clover Creek Trunk Sewer Line, Job 9899 B/S 2356,
in Redding, California.
J hereinafter called the"Project."
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The Client and Kleinfelder for mutual consideration hereinafter set forth,agree as follows:
A. Client recognizes that any construction observations and/or testing services provided by Kleinfelder are techniques which may reduce the risk of
1 construction defects,deficiencies,or omissions arising during or after construction. Construction observations and/or testing services by Kleinfelder are
not insurance, nor do these services constitute a warranty or guarantee of any type. Even with diligent construction monitoring and/or testing by
Kleinfelder, some construction defects, deficiencies, or omissions in the Contractor's work may be missed. In all cases, the Client shall assign the
Contractor the responsibility for the quality and completeness of the work and for adhering to plans and specifications. The Client shall maintain the
Contractor's responsibility for repairing defects,deficiencies,or omissions regardless of when they are found
B. Kleinfelder agrees to perform certain testing and observation services for Client as follows:
s out ine in K ein e er s
letter dated Dprpmber 19. 1990
attached hereto and made a Dart hereof.
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C. Client agreed to coni ffrate Kleinfelder,for sgch services as follows:
In a time a expense basis in accordance with schedule of hourly rates and
unit charges exhibit A attached as part of this contract. Fee not
to exceed $28,825 without written approval from the City of Redding
(Note}—Under provisions of this Agreement,a late payment FINANCE CIIARGE will be computed at an ANNUAL PERCENTAGE RATE of 10%,and will be applied to
any unpaid balance commencing 30 days after the date of the original invoice.
D. The standard provisions set forth upon the reverse side are incorporated herein and made a part of this Agreement and apply to all phases of work for
which Kleinfelder has been authorized.
IN WITNESS WHEREOF,the parties hereto have accepted,made,and executed this Agreement upon the terms,conditions,and provisions above stated
and on the reverse side hereof,the day and year first above written.
KLEINFELDER: CLIENT:
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1 By By
Bill Jackson
Title Branch Manager Title
The policy of this firm is to recruit and provide equal employment opportunity to all persons without regard to race,color,religion,sex,or national origin and to maintain an active equal employment
iopportunity. Handicapped persons will be considered for positions within their capability. The fum will ensure that employees ate treated equally without regard to their race,color,religion,sea,or
national origin:and that equal opportunity and consideration will be afforded to all employees with respect to advancement,promotion,training,fixing rues of pay or other compensation,transfer,
and layoff or termination.
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9/89
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STAN DAR DOOVISIONS OF MATERIALS TESTING EEMENT
1. The Client binds itself,its partners,successors,executors,administrators,and assigns to Kleinfelder to this Agreement in respect to all of the
terms and conditions of this Agreement.
2. The Client accepts the responsibility of notifying Kleinfelder 24 hours in advance of any necessary tests and observations.If the Client assigns
this responsibility to a contractor and/or subcontractor,architect,engineer,or job inspector,the Client will hold harmless Kleinfelder from claims and
defense costs arising from improper scheduling on the part of the responsible party.
3. Individual Responsibility: If the Client is a corporation,the individual or individuals who sign this Agreement on behalf of Client guarantee
that Client will perform its duties under this Agreement. The individual or individuals so signing this Agreement warrant that they are duly authorized
agents of the Client.
4. Bankruptcy: If Client or Kleinfelder should become bankrupt or make an assignment for the benefit of creditors,Kleinfelder,or his trustee
in bankruptcy, shall be paid the reasonable value of all work theretofore performed, and the obligations of all parties under this Agreement shall
thereupon terminate. In determining reasonable value under this paragraph,the Agreement price shall be deemed reasonable..
5. All claims,disputes,and other matters in controversy between Kleinfelder and Client arising out of or in any way related to this Agreement
will be submitted to"alternative dispute resolution"(ADR)before and as a condition precedent to other remedies provided,by law.-If and-Othe extent
Client and Kleinfelder have agreed on methods for resolving such disputes,then such methods will be set forth in the"Alternative Dispute Resolution
Agreement"which,if attached,is incorporated and made a part of this Agreement. If no specific ADR procedures are set forth in this Agreement it
{ shall be understood that the parties shall submit such disputes to mediation If the dispute is not resolved through mediation,-it shall go to arbitration.
If a dispute at law arises related to the services prov ided under this Agreement including collection of expenses and that dispute requires litigation instead
of ADR as provided above,then(a)the claim will be brought and tried in judicial jurisdiction of the court of the county in.which this Agreement is
entered into and Client waives the right to remove the action to any other county or judicial jurisdiction;and(b)the prevailing party will be entitled
to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees,and other claim related expenses.
6. Fees and all other charges will be billed monthly as the work progresses,and the net amount shall be due at the time of billing.
7. A late payment FINANCE CHARGE will be computed at an ANNUAL PERCENTAGE RATE of 10%,-and will'be applied to any unpaid
balance commencing 30 days after the date of the original invoice.
8. Client hereby agrees that the balance as'started on the billing from Kleinfelder to Client is con ect,conclusive,and bindiiug'on the Client unless
Client within 14 days from the date of the original invoice notifies Kleinfelder in writing of the particular item that is alleged to be'inconect.
9. In the event all or any portion of the work prepared or partially prepared by Kleinfelder be suspended;-`abandoned,or termiriated,the Client
shall pay Kleinfelder for the work performed on an hourly basis,not to exceed any maximum Agreement amount specified herein.
10. Neither Client nor Kleinfelder shall assign its interest in this Agreement without the written consent of the other.
11. No conditions or representation,altering,detracting from,nor adding to the terms hereof shall be valid unless printed or written hereon before
{ execution or hereof evidenced in writing by either party to this Agreement and accepted in writing by the other.
12. All obligations on Kleinfelder's part are contingent upon,and Kleinfelder shall not be responsible for damages or be in default or be deemed
to be in default by reason of,delays in performance by reason of strikes,lockouts,accidents,acts of God,and other delays unavoidable or beyond
Kleinfelder's reasonable control,or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of Client or
Client's agents to furnish information or to approve or disapprove Kleinfelder's work promptly,or due to the late or slow,or faulty performance by
Client,other contractors,or governmental agencies,the performance of whose work is precedent to or concurrent with the performance of Kleinfelder's
work. In the case of the happening of any such cause of delay,the time of completion shall be extended accordingly.
- . 13. Kleinfelder is not responsible for the completion or quality of work which is dependent upon or performed by third parties-not under the direct
contractual control of Kleinfelder nor is Kleinfelder responsible for their acts or omissions or for any consequential damage resulting therefrom.
14. Kleinfelder makes no warranty,either expressed or implied,as to its findings,recommendations,specifications,or professional advice,except
that these were promulgated after being prepared in accordance with generally accepted engineering practices in a manner consistent with the standard
of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic area of the project(s)and under
the direction of a registered professional engineer.-
15. Client agrees to cooperate in any reasonable manner on the project as may be requested by Kleinfelder.----
16. In the event that any changes are made in the plans and specifications by the Client or.persons other than Kleinfelder,which affects Kleinfelder's
work,any and all liability arising out of such changes is waived as against Kleinfelder and the Client assumes full responsibility for such changes unless
Client has given Kleinfelder prior notice and has received from_Kleinfelder_written consent for"such changes.____
17. The Client agrees that in accordance with generally accepted construction practices,the construction contractor will be required to assume
sole and complete responsibility for job site conditions during the course of construction of the project,including safety of all persons and property;
that this requirement shall be made to apply continuously and not be limited to normal working hours,and the Client further agrees to defend,indemnify
and hold Kleinfelder harmless from any and all_liability',real or alleged,in connection with the performance of work on this project,excepting liability
ansmg from the sole negligenceof Kleinfelder_ :a : . ,i! , e 'F< ; ';' . -
18.The Client agrees to limit Kleinfelder's liability to the Client and to all contractors and subcontractors on the-- ect;due to professional
negligent acts,errors,or omissions of Kleinfelder to the sum of$50,000 or Kleinfelder's fee,whichever is greater.-----. — - --------
19. Upon written request,each of the parties hereto shall execute and deliver,or cause to be executed and delivered,such'additional instruments
and documents which may be necessary and proper to carry out the terms of this Agreement'
.20. The terms and provisions of this Agreement shall riot be construed to alter,waive,or affect any lien or stop notice rights,which Kleinfelder
may have for the performance of services under this Agreement.
21. One or more waivers of any term,condition;or covenant by Kleinfelder shall not be construed by Client as a waiver of a subsequent breach
of the same or any other term,condition,or covenant.
22. In the event Client fails to pay Kleinfelder promptly or within 60 days after invoices are rendered,then Client agrees that Kleinfelder shall
I have the right to consider said default a total breach of this Agreement and the duties of Kleinfelder under this Agreement terminated In such event,
Client shall then promptly pay Kleinfelder for all of the fees,charges,and services performed by Kleinfelder on an agreed hourly basis.
23. In the event any provision of this Agreement shall be held to be invalid and unenforceable,the other provisions of this Agreement shall be
valid and binding on the parties hereto.
24. Services provided within this Agreement are for the exclusive use of the Client.
25. There are no understandings or agreements except as herein expressly stated.
26. In the event of new Fee Schedules,which are compiled on a yearly basis,the new rates would take effect as of the date of the new Fee Schedule,
unless otherwise agreed to between the Client and Kleinfelder.
i 27. Kleinfelder is protected by Workers'Compensation Insurance(and/or Employer's Liability Insurance),and by General Liability Insurance
and Automobile Liability Insurance for bodily injury and property damage,and will furnish evidence thereof upon request. Kleinfelder assumes the
;1 risk of damage to Kleinfelder's supplies and equipment. If Client's Agreement or purchase order places greater responsibilities upon Kleinfelder or
requires further insurance coverage, Kleinfelder, if specifically directed by Client, will take out additional insurance (if procurable) to protect
Kleinfelder at Client's expense,but Kleinfelder shall not be responsible for damages from any cause,including fire and explosion,beyond the amounts
and coverage of Kleinfelder's insurance.
28. The Client is responsible for providing Kleinfelder with complete plans and specifications,including all addendum,and holds Kleinfelder
harmless for claims arising due to the Client's failure to supply Kleinfelder with correct and complete data.
I 29. Kleinfelder does not provide laboratory testing of materials containing hazardous or toxic substances. All contaminated samples will be
V returned to Client for proper disposal. Costs associated with the return of the samples will be billed to Client.
111,
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KLEINFELDER 1 DE
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December 19, 1990
File: 26-1451-03 Y DE!'r0EPU8LICWORKS
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City of Redding �►
760 Parkview Avenue
Redding, California 96001 i99Q
DEC 21
Attention: Mr. Rick Pizzi Snv owA OG
Subject: MATERIALS TESTING SERVICES
CLOVER CREEK TRUNK SEWER LINE
JOB 9899 B/S 2356
REDDING, CALIFORNIA
Gentlemen:
Kleinfelder is pleased to have been selected to provide field and laboratory
materials testing services for the Clover Creek Trunk Sewer Line.
As outlined in your RFP dated November 30, 1990, our scope of services will
include the following:
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j Item 1. Relative compaction evaluation (200 days)
Item 2. Maximum density-optimum moisture, AASHTO T-180 (40 tests)
Item 3. Total sieve analysis (25 tests)
Item 4. Sand equivalent (25 tests)
Item 5. Quality assurance evaluation-Hydro Conduit Plant, Orland, California
(2 trips)
^,ur ser-JiCCS will be provided oil a time and expense basis in accordance with the
i hourly rate and unit charge schedule which is attached. For the services listed
above, we estimate our fee to be $ 23,825. Other tests requested and not listed in
the above items will be provided at current fee schedule rates. We understand
$5,000 has been budgeted for additional testing requested by the Project Engineer.
A maximum fee of $ 28,825 will not be exceeded without written approval by the
City of Redding. Invoices for our services will be submitted on an end-of-the month
basis and are due and payable upon receipt.
Kleinfelder carries Automobile Liability, General Liability, Workmans
Compensation and Professional Liability Insurance. We carry $1,000,000 basic
Automobile and General Liability coverage plus a blanket excess coverage of
$1,000,000 for a total of$ 2,000,000.
Copyright 1990 Kleinfelder, Inc.
December 19, 1990 • •
File: 26-1451-03
Page 2
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Automobile and General Liability coverage plus a blanket excess coverage of
$1,000,000 for a total of$ 2,000,000.
Should we receive verbal authorization from you to proceed prior to our receipt of
the signed contract, all terms and conditions indicated in this proposal and our
enclosed contract will be considered by both parties to be in effect from the date of
' verbal authorization through the completion of the project.
We call your attention to the Standard Provisions of our Materials Testing
Agreement. Please be aware of our conditions concerning payment schedule,
limitation of liability and scheduling for our services. Please sign the attached
agreement and return both copies. A fully executed copy will be returned for your
files.
We appreciate the opportunity of working with the City of Redding on this project.
If you have any questions or require additional information, please contact the
undersigned.
Very truly yours,
KLEINFELDER, I c.
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Bill Jackson
Branch Manager
BJ:kp
Attachment
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{ Copyright 1990 Kleinfelder, Inc.
i KLEI\'FELDER X369 Caterpillar Road, Redding„ CA 96()03 (916) 244-7203
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SCHEDULE OF HOURLY
RATES AND UNIT CHARGES
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FIELD-OFFICE
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Field Technician, Soils $42.50/hr.
Senior Technician $55.00/hr.
Supervisory Technician $70.00/hr.
Materials/Project Engineer $90.00/hr.
Clerical-Word Processing $45.00/hr.
Vehicle Mileage $.45/mile
Overtime Premium
In excess of 8 hours per day/Saturday $14.00/hr.
Sundays and Holidays $25.00/hr.
Minimum Labor Charge 2 Hours
Minimum Labor Charge Saturday 4 Hours
LABORATORY
Sieve Analysis, Coarse and Fine $75.00/ea.
Maximum Densi Curve $75.00/ea.
(AASHTO T-180
Sand Equivalent $50.00/ea.
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Exhibit A
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KLFI�'FEl DFR 436° Caterpillar Road, Redding, CA 96003 1916) 244-7203