HomeMy WebLinkAboutReso 1990-154 - Approving the "athorization for professional services" •
RESOLUTION NO. 962-/S1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE "AUTHORIZATION FOR PROFESSIONAL SERVICES"
AGREEMENT BETWEEN THE CITY OF REDDING AND MTI TESTING
LABORATORY INC. , AS SET FORTH BELOW, FOR FIELD AND
LABORATORY TESTING FOR THE STILLWATER REGIONAL WASTEWATER
TREATMENT PLANT; JOB NO. 9897 ; BID SCHEDULE 2265 ; AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN SAID
AGREEMENT.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
1 . That the City Council of the City of Redding hereby
approves the Authorization for Professional Services Agreement
between the City of Redding and MTI Testing Laboratory Inc . for
field and laboratory testing for the Stillwater Regional
Wastewater Treatment Plant; Job No. 9897 ; Bid Schedule 2265 ; ON
THE FOLLOWING CONDITIONS: (1) that the scope of services to be
performed be limited to concrete work and structural steel; and
(2) that the compensation to be paid to MTI Testing Laboratory
Inc. for said services not exceed $16 ,000 .00 without the prior
written approval by the City of Redding.
2 . That the Director of Public Works of the City of Redding
is hereby authorized and directed to sign said Agreement,
restricted with the above conditions , on behalf of the City
Council of the City of Redding; and the City Clerk is hereby
authorized and directed to attest the signature of the Director
`
of Public Works and to impress the official seal of the City of
Redding.
3 . That a true copy of said Agreement (and the MTI
Proposal dated March 13 , 1990) is attached hereto and
incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 3rd day of April , 1990 , and was duly
adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Dahl , Ful ton, Johannessen, & Buffum
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: Carter
ABSTAIN: COUNCIL MEMBERS : None
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City : Redding
ATTEST::: /(�;
",41e, .7,G4,
ETHEL A. NICHOLS , City Clerk
FORM PPROVED:
RA DALL A. HAYS , City Attorney
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• , ° STANDAR•RM OF AGREEMENT TO ENGAGE TrIE S�ICES
OF
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KLEINFELDER
MATERIALS TESTING SERVICES 26-YP-0024
THIS AGREEMENT,entered into at Redding, California
onthe 26th dayof March ,19 90 ,byandbetween City of Redding
hereinaftercalled"Client,"and Kleinfelder, Inc.
hereinafter called"Kleinfelder,"is as follows:
TheClientintendsto construct a 4 MGD Wastewater Treatment Plant south of the Redding
Municipal Airport.
hereinafter called the"Project."
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
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 peform certain testing and observation services for Client as follows:
As outlined in consultants proposal dated March 26, 1990.
Limited to a maximum of '.16 000 without 'rior writ en aims . 1 . t - s 1' 14 . 1f .
i"1F 111177 29-rY�
Client agrees to compensate Kleinfelder fqr such services as follows:
On a time and expense basis in accordance with schedule of hourly rates and
unit charges attached to consultants propoApl dated March 26. 1990. Estimated
fee in the range of $ 18,000 to $ 23,000.
(Note)—Under provisions of this Agreement,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.
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 WITNEESS WHEREOF,the parties hereto have accepted,made.end acecvtrd this Agreement upon the terms,conditions,and provisions above stated
and on the reverse side hereof,the day and year first above written.
KLEINFELDER: WENT:
By By
Bi ackson
Title Branch Manager Trtie
The policy of this firm is to recruit and provide equal employment opportunity to all palms wibout regard to race,color,religion,sec,or national origin and to maintain an active equal employment
opportunity. Handicapped persons will be considered for positions within their capability. The Tam will ensure that employees are treated egr:ily without regard to their ran,color,religion,sat,or
national origin;and that equal opportunity and consideration will be afforded to ail employee with easpsa to dvanoemmt,promotion tun' .p traasfar,
and layoff ortermination. FOTJJ �iC °
• •
•
STAhIDAR[ OVISIONS OF MATERIALS TESTING •EEMENT ,•t•.
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 respimbllity of notifying Kleinfelder 24 hours in advance of any neces..ary testa and obseryations.Iithe 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 lithe Client is a corporation,the individual or individuals who sign this Agreement on behalf of Client guarantee
that Client will perform its duties uodesthis 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 determinitcgreasonable value under this paragraph,the Agreern nt 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 to the extent
Client and Kleinfekler have agreedon 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 tothesetvices provided under this Agreement including collection of expenses and that disputerequires litiganon 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 rigid 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 trocared,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 tlelralance as started on the billing from Kleinfelder to Client is correct,conclusive,and binding 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 incorrect.
9. In the event all or any portion of the work prepared or partially prepared by Kleinfelder be suspended,abandoned,or terminated,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 representatian,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 is performance by reason of strikes,lockouts,accidents, acts cf 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 infonnatanor 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. Kleinfeldecmakes nowarranna 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 exercisedbymembers 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 eventthat anychanges aremade in the plans and specifications by the Client or persons caner 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 KleinfeIder priornotice and has received from Kleinfelder written consent for such changes.
17. The Client agrees that in recta-dance 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 bemadero applycontinuously 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
arising from the sole negligence of Kleinfelder.
18. The Client agrees to limitKieirtfelder's liability to the Client and to all contractors and subcontractors on the project,due to professional
negligent acts,errors,or omissions of Kleinfelder to the sum of S50,000 or Kleinfelder's fee,whichever is greater.
19. Upon written request,eachof 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 not 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,canition,or covenant.
22. In the event Client fails topay Kleinfelder promptly or within 60 days after invoices are rendered,then Client agrees that Kleinfelder shall
have the right to consider said defauita total breach of this Agreement and the duties of Kleinfelder under this Agreement terminated. In such event,
Client shall then promptly pay Kleinfelda for all of the fees,charges,and services performed by Kleinfelder en an agreed hourly basis.
23. Ln the event any provision of this Agreement shall be held to be invalid and unenforceable,the ether 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 ar agreements except as herein expressly stated.
26. In the event of new Fee Selsdrdes,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.
27. Kleinfelder is protected by Workers'Compensation Insurance(and/or Employer's Liability Insurance),and by General Liability Insurance
and Automobile Liability Insurance far bodily injury and property damage,and will furnish evidence thereof upon request. Kleinfelder assumes the
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 dee ro tleClient's failure to supply Kleinfelder with correct and complete data.
29. Kleinfelder does not provide laboratory testing of materials containing hazardous or toxic substances. All contaminated samples will be
returned to Client for proper disposal.Costs associated with the return of the samples will be billed to Client.
Gi ac
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• • c3 �/W' 4v 3/z`/Yo
1111 KLEINFELDER
March 26, 1990
File: 26-YP-0024
City of Redding
760 Parkview Avenue
Redding, California 96001
Attention: Mr. Rick Pizzi
Subject: MATERIALS TESTING AND OBSERVATION SERVICES
STILLWATER REGIONAL WASTEWATER
TREATMENT PLANT
REDDING, CALIFORNIA
Gentlemen:
Kleinfelder is pleased to present this proposal for providing materials testing
and observation services for the Stillwater Regional Wastewater Treatment Plant in
Redding, California.
The project will consist of a 4-million gallon per day wastewater treatment
plant and outfill pipeline and will be located about 2 miles south of the Redding
Municipal Airport.
This proposal is based on a review of Volume 1 of the Project Specifications,
a meeting with Mr. Rick Pizzi, Project Engineer for the City of Redding and our
present understanding of the project as planned.
We understand our materials testing and observation services will be limited to the
following general areas:
o Earthwork
o Trench Excavation and Backfill
o Paving and Gravel Surfacing
It should be noted the requirement for materials testing and observation
services are at the discretion of the City of Redding Project Engineer.
A more detailed description of scope of services and specific specification
requirements are as follows:
KLE1c=_DER 4369 Caterpillar Road, Redding, CA 96003 (916) 244-7203
March 26, 1990 • •
File:26-YP-0024
Page 2
SECTION
02200 Earthwork
1.04 Imported Material Acceptance
1. Gradation
2.04 Structural Fill
1. Gradation
2.05 Select Earthfill for Emergency Retention Ponds
1. Gradation
2.06 Sand
1. Gradation
2.07 Underdrain Gravel
1. Gradation
3.08 Foundation Preparation
Relative compaction testing
1. 95%RC @ 2+ optimum, top 8"
3.10 Earthfill Under Buildings
Relative compaction testing
1. 95%RC@2+% optimum
3.11 Underdrain Gravel
Relative compaction testing
1. 90%RC
3.12 Earthfill Around Structures
Relative compaction testing
1. 90% RC @ 2+% optimum
3.13 Structural Fill
Relative compaction testing
1. 90% RC @ 2+% optimum
3.16 Emergency Retention Basins
Relative compaction testing
1. Pond bottoms: 95% RC @ 2+% optimum
2. Slopes: 92% RC @ 2+% optimum
3.18 Moisture Control
1. 2+%Optimum
3.19 Field Density
1. ASTM D 2922, Nuclear Method
KLEINFELDER 4369 Caterpillar Road, Redding,CA 96003 (916) 244-7203
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March 26, 1990 • •
File: 26-YP-0024
• Page 3
SECTION
0221 Trench Excavation Backfill
2.03 Trench Backfill
1. Gradation-granduar backfill
2. Gradation-select trench backfill
3.09 Trench Backfill Above Pipe Zone
1. 90%RC
2. 95%RC top 12" paved areas
3. 85%RC chlorine contact basin pipe & outfall
SECTION
02616 Paving& Gravel Surfacing
2.01 Aggregate Baserock
1. Gradation
3.03 Asphalt Concrete
Relative compaction testing
1. Subgrade=12" 95% RC
2. AB=95%RC
Kleinfelder, Inc. has been providing materials engineering and testing and
observation services in Northern California for the past twenty-nine years. During
this interval, we have provided services for many private companies and public
agencies. These services have included many projects similar to this project. Our
firm complies with the requirements of ASTM E 329, which outlines the
requirements for inspection and testing agencies providing services in the area of
steel,concrete and bituminous materials as used in construction.
Kleinfelder has over five hundred fifty employees located in twenty-two
offices in California, Nevada, Utah and Arizona and Washington. With this large
technical staff, we can draw upon a large reserve of knowledge and expertise should
an unusual circumstance arise. Technical services for this project will be under the
direction of Mr. Bill Jackson, Branch Manager of the Redding Office of Kleinfelder,
Inc.. Mr. Raymond Costa services as the Engineering Manager for this office.
As our client, please recognize that construction monitoring is a technique
employed to reduce the risk of problems arising during construction. Provision of
construction monitoring by an engineer is not insurance, nor does it constitute a
warranty or guarantee of any type. Even with diligent construction monitoring some
construction defects may be missed. In all cases the contractor shall retain
responsibility for the quality of their work and for adhering to plans and
specification and for repairing defects regardless of when they are found.
Our services will be provided on a time and expense basis in accordance with
the hourly rates and unit charge schedule which is attached for your review. We
estimate our fees for the services listed above to be in the range of $ 18,000 to
$23,000. Testing services required and not shown on the attached schedule will be
provided at current fee schedule rates. The actual cost of services will dependent on
KLE!\'E-LDER 4369 Cate;piiIar Road, Redding,CA 96003 (916) 244-7203
•
March 26, 1990 • •
File: 26-YP-0024
Page 4
the construction schedule, amount and frequency of work requested of us or other
circumstances which may be beyond our control. 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, Workman's
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.
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 appreciated the opportunity of presenting this proposal for your
consideration. If you have any questions of require additional information, please
contact this office.
Very truly yours,
KLEINFELDER,I c.
4..t.4
Bill Jacks n
Branch Manager
BJ:kp
Attachment
KLEINFELDER 4369 Caterpillar Road, Redding,CA 96003 (916) 244-7203
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SCHEDULE OF HOURLY
RATES AND UNIT CHARGES
FIELD-OFFICE
Field Technician, Soils $45.00/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
SOILS
Sieve Analysis,Coarse and Fine $95.00/ea.
Sieve Analysis, Fine $65.00/ea.
Sieve Analysis Coarse $55.00/ea.
Plastic Index(Atterberg Limits) $105.00/ea.
Maximum Density Curve
(ASTM D 1557-AASHTO T-180) $135.00/ea.
KLEINFELDER 4369 Caterpillar Road, Redding, CA 96003 (916) 244-7203