Resolution No. 88821
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8882
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND MTGL, INC. FOR SPECIAL INSPECTION AND
TESTING SERVICES AT FIRE STATION NO. 2
WHEREAS, Contract No. 582 of the City of Vernon for Fire
Station No. 2 Replacement, Police Department and Public Works Building
Remodel (the "Project ") was approved by the City Council of the City
of Vernon pursuant to Resolution No. 8692, as amended by Resolution
No. 8736 on May 4, 2005, and said Contract was subsequently awarded to
USS Cal Builders, Inc. by Resolution No. 8858 adopted on September 21,
2005; and
WHEREAS, the Project will require special inspection of
various construction components, including masonry construction,
welding, soils compaction and concrete placement in accordance with
the requirements of the California Building Code (the "Inspection
Services "); and
WHEREAS, since the Project will commence in the near future,
the Director of Community Services & Water sent Request of
Qualifications for the Inspection Services and responses were received
from Kouri Engineering and Testing, Inc., Southwest Inspection and
Testing, Inc., Quality Inspection Services, MTGL, Inc., Twining
Laboratories and Smith Emery, all of which were reviewed and evaluated
by the Community Services & Water Department; and
WHEREAS, the Community Services & Water Department deemed
MTGL, Inc. ( "MTGL ") to be the lowest responsible qualified vendor
submitting a proposal; and
WHEREAS, the Director of Community Services and Water has
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
recommended that an agreement with MTGL be approved and executed to
provide the services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
accepts the proposal of MTGL and approves the Services Agreement, a
copy of which is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Agreement for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Agreement to:
MTGL, Inc.
Attn. Steven Koch, Senior Vice President
2992 E. La Palma Avenue, Suite A
Anaheim, CA 92806
SECTION 5: The Acting City Clerk of the City of Vernon
shall certify to the passage of this Resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2nd day of November, 2005.
ATTEST:
BRUCE V. MALKENHORST, JR., Acting City Clerk
- 2 -
LEON I S C. MALBURG, Mayor
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8882, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, November 2, 2005, and thereafter was duly signed by the
Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, JR.
Acting City Clerk
EXHIBIT
A
SERVICES AGREEMENT
This AGREEMENT ( "Agreement ") is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as the original
hereof for all purposes, as of this 2nd day of November 2005, in the City of Vernon,
County of Los Angeles, California
BY AND BETWEEN
AND
CITY OF VERNON, a municipal
corporation, hereinafter referred to as
the "City"
4305 Santa Fe Avenue
Vernon, California 90058
MTGL, INC., an independent contractor,
hereinafter referred to as the
"Contractor"
2992 East La Palma Avenue, Suite A
Anaheim, California 92806
RECITALS
WHEREAS, the City has determined to retain the services of an
independent contractor to perform special inspection and testing services of various
construction components of Fire Station No. 2, including masonry construction, welding,
soils compaction and concrete placement and
WHEREAS, Contractor has prepared a proposal dated April 21, 2005, for
the Services, which includes Contractor's Standard Fee Schedule dated February 1,
2004, a copy of which is attached hereto as Exhibit A and incorporated by this reference
(the "Proposal "); and
WHEREAS, Contractor represents that it is qualified and capable of
furnishing the labor, materials and expertise necessary to perform the Services that the
City requires, as set forth in this Agreement, and is willing to do so on the terms and
conditions set forth below; and
WHEREAS, the Contractor's cost proposal is acceptable to the City; and
WHEREAS, the City desires to enter into an agreement with Contractor to
provide special inspection and testing services of various construction components of
Fire Station No. 2, including masonry construction, welding, soils compaction and
concrete placement on a contract basis as defined in the terms and conditions set forth
below.
Page 1 of 19
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. TERM OF CONTRACT
1.01. This Agreement will become effective on November 2, 2005, and will continue in
effect until such time as Contractor completes the special inspection and testing
services of various construction components of Fire Station No. 2, including
masonry construction, welding, soils compaction and concrete placement, or until
terminated as provided in this Agreement.
SECTION 2. DEFINITION OF TERMS
2.01. Whenever used in the Agreement, the following terms shall mean:
A. "Agreement" shall mean that formally executed Agreement or Contract
which includes the Contract Documents attached. The Agreement
constitutes the entire agreement between the parties relating to its subject
matter.
B. "City" shall mean the City of Vernon, California, the entity which has
executed the Agreement and, where applicable, its affiliated companies,
and its officers, directors, employees, representatives and agents.
C. "Contractor" shall mean MTGL, Inc. and where applicable, its affiliated
companies, and its officers, directors, employees, representatives and
agents.
D. "Contract Documents" shall include any inquiry, invitation to bid, or
proposal which may have, but not necessarily, preceded execution of the
Agreement, and including the General Provisions and all exhibits and
schedules attached to the Agreement and all plans and specifications
identified in the Contract Documents.
E. "Contract Price" shall mean the compensation set forth or provided for in
Section 4.01 of this Agreement. Whether it expressly provides for the
reimbursement of costs incurred by Contractor or simply for the payment
of a lump sum of money, it is intended to be the full and complete payment
for satisfactory completion of the Work and, unless otherwise stated, to
cover all costs whether for materials, equipment, tools, labor, services and
taxes and all overhead, rentals and profit or fee, if any.
Page 2 of 19
F "General Provisions" or "General Conditions" shall mean the General
Provisions as set forth in this Agreement.
G. "Premises" shall mean the physical premises under City's control or
ownership where Work hereunder is to be performed.
H. "Proprietary Information" and "Confidential Information" shall mean all
information, whether written or oral, which Contractor acquires from,
through or on behalf of City, directly or indirectly, or which arises out of the
Work, concerning the Work or proprietary processes involved in the Work
including, without limitation, information concerning past, present or future
business plans of City, information about the operations of City's
Premises, and other City information or know -how obtained during the
Work, except information falling into any of the following categories:
1. Information which, at the time of disclosure hereunder, is in the
public domain;
2. Information which, after disclosure hereunder, enters the public
domain, except where such entry is the result of Contractor's or any
entity within Contractor's control breach of this Agreement;
3. Information which, prior to disclosure hereunder, was already in
Contractor's possession without limitation regarding disclosure to
others; or
4. Information which, subsequent to disclosure hereunder, is obtained
by Contractor from a third party who is lawfully in possession of
such information and not subject to a contractual or fiduciary
relationship to City with respect to said information and who does
not require Contractor to agree to refrain from disclosing such
information to others.
I. "Subcontractor" shall mean any first or lower -tier subcontractor and its
employees, representatives, agents, subcontractors or other personnel
who have been approved in the manner required by this Agreement.
J. 'Work" or "Services" shall mean the work performed by Contractor and
required to be performed from time to time by City under this Agreement.
Page 3of19
SECTION 3. SERVICES TO BE PERFORMED BY
CONTRACTOR
Specific Services
3.01. Contractor's Services shall include, but will not be limited to, providing special
inspection and testing services of various construction components of Fire
Station No. 2, including masonry construction, welding, soils compaction and
concrete placement. The Contractor's Services are more specifically detailed in
the Proposal attached hereto as Exhibit "A" and incorporated herein by this
reference.
Change of Services
3.02. City may at any time, by written change order executed by the City Administrator,
make changes only to extend the Work duration and total compensation of
Contractor's Work. Changes in the scope of Work, or duties and obligations,
shall be authorized only by the City.
3.03. City may make "Changes" by increasing, reducing or deviating from the
requirements of the scope of Work. A form of Change Order is set forth in
Exhibit B attached hereto and incorporated by reference.
Timing of Services
3.04. Contractor's Services shall commence upon the execution of this Agreement by
both parties and award by the City Council and shall end at such time as the
Contractor completes the special inspection and testing services of various
construction components of Fire Station No. 2, including masonry construction,
welding, soils compaction and concrete placement, unless this Agreement is
otherwise terminated according to Section 6 of this Agreement or extended
according to the conditions and terms set forth in this Agreement.
3.05. Time is of the essence for all Work contemplated by this Agreement. Contractor
shall start performing Services under this Agreement only after notification by the
City.
Method of Performing Services
3.06. Contractor will determine and is responsible for the method, details, and means
of performing the above - described Services.
Page 4of19
Status of Contractor
3.07. Contractor enters into this Agreement, and will remain throughout the term of this
Agreement, as an independent contractor. Contractor agrees that it is not and
will not become an employee, partner, agent, or principal of City while this
Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits
afforded to City's employees, including disability or unemployment insurance,
workers' compensation, medical insurance, sick leave, or any other employment
benefit. Contractor is responsible for providing, at its own expense, disability,
unemployment, and other insurance, worker's compensation, training, permits,
and licenses for itself and for its employees and subcontractors. Contractor shall
have complete and sole control over its employees, the details of the Services
and methods by which the Services are accomplished, it being understood that
City is interested only in the results to be obtained by Contractor.
3.08. Contractor has no authority to enter contracts or agreements on behalf of City.
This Agreement does not create a partnership or joint venture between the
parties.
Payment of Taxes
3.09. Contractor is responsible for paying when due all income taxes, including
estimated taxes, incurred as a result of the compensation paid by City to the
Contractor for Services under this Agreement. Contractor agrees to indemnify
City for any claims, costs, losses, fees, penalties, interest, or damages suffered
by City resulting from Contractor's failure to comply with this provision.
3.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid
by City on behalf of Contractor or for the employees of the Contractor.
Contractor shall not be treated as an employee with respect to the Services
performed hereunder for federal or state tax purposes. Contractor shall be
responsible to pay taxes mandated by law.
3.11. Since Contractor is not an employee of City, Contractor is not eligible for and
shall not participate in any employee benefit of City, including pension, health or
other fringe benefits.
Page 5ofl9
SECTION 4. COMPENSATION
4.01. In consideration for the Services to be performed by Contractor, described in
Section 3 of this Agreement, City agrees to pay Contractor the amounts specified
in the Contractor's proposal, which includes the Contractor's Standard Fee
Schedule dated February 1, 2004, (the "Contract Price "). The Contract Price
shall not exceed Forty Nine Thousand Eight Hundred Eighty One and no /100
Dollars ($49,881.00).
Entire Compensation
4.02. The Contract Price is full and complete compensation, and constitutes the entire
compensation due Contractor for the Services and any and all of Contractor's
obligations hereunder. The Contract Price set forth above is not subject to
escalation for any reason except as expressly set forth in this Agreement. No
adjustments in compensation shall be made as a result of changes in the value
of any currency. The Contract Price shall only be adjusted by formal, written
Change Order or amendment to this Agreement.
Payment of Compensation
4.03. For Services rendered under Section 3 of this Agreement, Contractor shall be
entitled to receive monthly payments. Contractor shall submit to City a monthly
invoice and statement of Services, prepared in accordance with City
requirements, by the fifteenth (15th) of each month, for the prior calendar month's
completed Work. City will make payments to Contractor within thirty (30) days
after acceptance and approval of the invoice received from Contractor.
4.04. Contractor shall be responsible for paying any subcontractors used in the
performance of this Agreement. Subcontractors shall not bill the City directly.
Expenses
4.05. City shall not be liable to Contractor for any expenses paid or incurred by
Contractor. Expenses may only be billed if advance written approval has been
obtained from the City Administrator.
Compensation for Changes
4.06. The compensation due Contractor, or the credit due City, for changes may not be
established verbally, and shall be established in a written change order signed by
City as described in Sections 3.03 and 3.04 of this Agreement. Compensation
adjustments in each such change order shall be established by one or more of
Page 6 of 19
the following bases, as determined by City: (a) a lump sum price to be negotiated
between the parties; or (b) Work unit rates to be negotiated between the parties.
Once established, the amount of the compensation due Contractor or credit due
City for a change shall not be subject to adjustment for any reason, including
changes in the value of any currency.
SECTION 5. OBLIGATIONS OF THE PARTIES
5.01. Contractor is responsible for meeting all conditions of this Agreement and City
Standards & Details for all Work performed. Substandard Work, as determined
solely by the City, shall be redone at the expense of the Contractor.
Products of Consulting
5.02. All products of consulting services including, but not limited to, manuals,
documents and /or computer software, shall become the property of the City and
shall be delivered to the City before the end of the performance of this
Agreement. Basic notes and sketches, charts, computations and other data shall
be made available to City without restriction or limitation on their use.
Liability Insurance
5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any
Work and for the duration of this Agreement, obtain and maintain at its own
expense, those minimum levels of insurance coverage as set forth below. Prior
to commencing Work hereunder, Contractor shall provide the City with proof of
insurance providing and maintaining the coverages and endorsements set forth
below. Said proof of insurance shall also provide that said policy or policies shall
not be canceled or materially reduced in coverage without giving at least thirty
(30) days prior written notice to the City.
5.04. The insurance coverage as listed herein, shall be properly endorsed to include
those contractual obligations which may be identified further within this
Agreement and shall be endorsed to provide City all the rights and privileges of
an additional insured.
5.05. Contractor shall cause its insurers to issue, including but not limited to,
Certificates of Insurance or, upon request, certified copies of the insurance
policies evidencing that the coverages and policy endorsements required under
this Agreement, are maintained in force.
Page 7of19
5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance
requirements as specified in this Agreement and are endorsed as additional
insured(s) on all required Contractor insurance coverages. Contractor and its
subcontractor(s), if any, shall maintain in effect the following minimum insurance
coverages on an Occurrence Form Policy:
1. Workers Compensation within the statutory limits, including occupational
illness or disease coverage in accordance with the Taws of the nation,
state, territory, or province exercising jurisdiction over Contractor's
employees. Workers Compensation and Employers Liability Insurance
shall have a minimum limit of $1,000,000 per occurrence. Contractor
further agrees to hold harmless and indemnify City for any and all claims
arising out of an injury, disability, or death of any of Contractor's
employees or agents.
2. Comprehensive General Liability Insurance, including, but not limited to,
Contractual Liability, Products and Completed Operations Liability, Broad
Form Property Damage and Bodily Injury Liability, and Explosion,
Collapse and Underground Liability, with a minimum combined single limit
of $2,000,000 per occurrence.
3. Comprehensive Automobile Insurance, including, but not limited to, all
owned, non -owned or hired vehicles with a minimum combined single limit
of $1,000,000 per occurrence for bodily injury and property damage.
4. Excess Liability Insurance with limits of $2,000,000. Such evidence of
insurance can either be through the primary insurance coverages or
through an excess policy. Such insurance shall at all times be on an
occurrence form and provide policy conditions as broad as those required
in the primary insurance.
5. Professional Liability Insurance with limits of $2,000,000.
5.07. Contractor agrees to provide insurance in the amounts and forms specified
above. Contractor shall submit to the City documentation indicating compliance
with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Agreement. Contractor shall not commence
performance of its Work under this Agreement until the above insurance has
been obtained and proof of insurance has been filed with and approved by the
City.
Page 8 of 19
5.08. Contractor shall not permit a subcontractor or vendor to perform work on City
premises unless and until a certificate of insurance is obtained showing that such
subcontractor or vendor has worker's compensation coverage. If Contractor
employs subcontractors as part of the Services rendered, Contractor's protective
coverage is required. Contractor may include all subcontractors as insureds
under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth above.
Representations
5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and
hold harmless City and its elected officials, officers, agents and employees from
all claims, suits, actions, demands, damages, liabilities, expenses, judgments,
settlements, and penalties, losses, fines, and all costs and expenses incurred in
connection therewith, including reasonable attorney's fees and all costs of
defense, arising out of or attributable to the negligent or wrongful acts of
Contractor or its employees or agents under this Agreement, except to the extent
arising from or caused by the sole negligence or willful misconduct of the City, its
officers, agents or employees. The terms of this indemnity shall survive the
termination of this Agreement. The obligations in this Paragraph are in addition
to Contractor's duty to provide insurance and shall not be limited by any limitation
on the amount or type of insurance coverage carried by Contractor.
5.10. Contractor and City represent that each has read and understands the
Agreement and Contract Documents. The Contractor represents it understands
the City's regulations concerning Premises access, badges, parking, security,
safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that
Contractor has visited Premises where the Work is to be done and is familiar with
the local conditions under which it is to be done. Contractor also represents that
it is experienced in performing and competent and qualified to perform the kind of
tasks or assignments included in the Work and employs or has available for
employment in sufficient numbers all unskilled, skilled, administrative,
supervisory, professional and managerial or other personnel required to perform
the Work as required by this Agreement.
5.11. Contractor represents that it has the qualifications and skills necessary to
perform the Services under this Agreement in a competent, professional manner,
without the advice or direction of City. This means Contractor is able to fulfill the
requirements of this Agreement. Failure to perform all the Services required
under this Agreement constitutes a material breach of the Agreement.
Contractor has complete and sole discretion for the manner in which the Work
under this Agreement will be performed.
Page 9 of 19
5.12. Contractor declares and states that is has complied with and will continue to
comply with all federal, state and local laws regarding business permits and
licenses that may be required to carry out the Services to be performed under
this Agreement.
5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all
claims, demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries and deficiencies, including interest, penalties, attorney's fees and
costs, that City may incur as a result of a breach by Contractor of any
representation or provision contained in this Agreement or any negligent or
intentional acts or omissions by Contractor, it subcontractors, agents, and
employees or based on any claim that any software program or other product
used or furnished by Contractor in the performance of this Agreement constitutes
an infringement of any United States patent or copyright.
5.14. Contractor's rights under this Agreement may not be assigned nor may its duties
be delegated or subcontracted without the prior written consent of City. Any
assignment or delegation or subcontract in violation of this Section shall, at City's
sole discretion, be void. Consent by City shall not relieve Contractor of
responsibility for performance of Contractor's obligations hereunder. City may
assign all or any part of this Agreement at any time effective immediately upon
written notification to Contractor.
5.15. At all times while Work is being performed on the Premises each party shall be
represented thereon by a designated representative. Each party may notify the
other in writing of the identity of such persons from time to time.
Work Injury
5.16. The treatment and care of injuries sustained by Contractor's employees,
subcontractors, representatives or other personnel shall be and remain the
responsibility of Contractor. City's first aid facilities, if any, however, will be made
available to Contractor's employees in emergency cases which are the direct
result of accidents occurring on the Premises. City shall incur no liability for, and
Contractor hereby agrees to indemnify City against, any causes of action, claim,
liability or costs, including attorney's fees, arising in whole or part out of the
furnishing of such first aid facilities or assistance to Contractor's employees,
subcontractors, representatives or other personnel, or out of the failure to furnish
such facilities or assistance.
Page 10 of 19
Records, Inspection and Audit
5.17. During the course of Work being performed, Contractor and any of its
subcontractors, shall maintain and retain, not less than three (3) years after
completion thereof, complete and accurate records of the Contractor's costs
which are chargeable to the City under this Agreement. City or its designated,
authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records
to be maintained and retained by the Contractor shall include: (a) payroll record
accounting for the total time distribution of the Contractor's employees working
full or part time on the Work (to permit tracing to payroll payments in cash); (b)
invoices for purchases, receiving and issuing documents, and all the other unit -
inventory records for the Contractor's stores, stock or capital items; (c) paid
invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems
necessary to support costs and charges under this Agreement.
Corporate Conduct
5.18. Contractor, its employees, agents or representatives shall not offer or give to an
officer, official or employee of City gifts, entertainment, payments, loans or other
gratuities to influence the award of a contract or obtain favorable treatment under
this Agreement or any other contract.
Standard of Care
5.19. Contractor agrees that all Services provided will be conducted by the principal
and competent staff members, if any, under the supervision of the principal, and
that Services will be performed and rendered diligently. Contractor represents
that it has, or shall secure, at its own expense, all personnel required to perform
Contractor's Services under this Agreement, but at all times shall be responsible
for the Services of such personnel. Contractor may not employ any
subcontractor without the prior written approval of the City.
Indemnity Process
5.20. The City shall notify Contractor in writing of any suits, claims or demands
covered by any indemnity contained in this Agreement. Promptly after receipt of
such notice, Contractor shall assume the defense of such claim with counsel
reasonably satisfactory to City. If Contractor fails, within a reasonable time after
receipt of such notice, to assume the defense with counsel reasonably
satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect
conflict of interest exists between the parties with respect to the claim, or if in the
Page 11 of 19
sole judgment of City the assumption and conduct of the defense by Contractor
would materially and adversely affect City in any manner or prejudice its ability to
conduct a successful defense, then the City shall have the right to undertake the
defense, compromise and settlement of such claim for the account and at the
expense of Contractor. Notwithstanding the above, if the City in its sole
discretion so elects, City may also participate in the defense of such actions by
employing counsel at its expense, without waiving the Contractor's obligations to
indemnify or defend. Contractor shall not settle or compromise any claim or
consent to the entry of any judgment without the prior written consent of the City
and without an unconditional release of all liability by each claimant or plaintiff to
the City.
Treatment of Confidential and Proprietary Information
5.21 For ten (10) years after the effective date of this Agreement, Contractor shall
refrain from using any Confidential or Proprietary Information except in
connection with the Work or from disclosing it to any third party other than to
employees of Contractor who require it in performance of the Work and except to
such other third persons as City may authorize in writing. If disclosure to such an
employee or to other third persons is so authorized, Contractor shall enter into
with said party a confidentiality agreement containing provisions with respect to
use and disclosure of Proprietary Information substantially the same as those
contained in this Agreement.
5.22. Contractor shall take reasonable precautions to safeguard any documents
containing Proprietary Information which City may supply to Contractor
hereunder. Contractor may copy, in whole or part, such documents to the extent
necessary for the performance of the Work, and Contractor shall return to City
upon the completion of the Work or request by City all such documents and
copies.
5.23. Except as expressly permitted by prior written consent of the City, Contractor
and /or its subcontractors shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any part of such
Confidential Information to any other person or entity. Contractor and /or its
subcontractors shall return any written Confidential Information and all copies
made of such items to the City upon the City's written request, but in any event
not later than the date that Contractor has performed all Work to be performed
pursuant to this Agreement. Contractor hereby agrees that such Confidential
Information and any documents provided may be used by Contractor and /or its
subcontractors only as authorized by the City. Contractor shall include a
provision in its agreements with subcontractors that binds the subcontractors to
this non - disclosure requirement.
Page 12 of 19
5.24. All reports, plans, data, studies, maps, drawings, models, photographs,
documents and other writings prepared by and for Contractor, its officers,
employees, agents and subcontractors in the course of implementing this
Agreement, with the exception of working notes, internal documents and
Confidential Information provided by businesses located in City, shall be
considered the property of City. Contractor shall deliver such documents and
materials to the City as they are generated; however, Contractor may take and
retain copies of said documents and materials that are not Confidential
Information, as desired.
5.25. All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its Services pursuant to this Agreement
are confidential until released by the City to the public and Contractor agrees that
such documents shall not be available to any individual or organization without
the written consent of the City prior to such release.
5.26. No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of
Contractor.
Compliance with Authority
5.27. Contractor shall comply with all laws, regulations, executive orders and other
applicable requirements of any governmental agencies having jurisdiction
including the Fair labor Standards Act, the Occupational Safety and Health Act
and all those relating in any way to employment practices and protection of the
environment. Contractor shall not discriminate against any employee or any
applicant for employment for reasons of race, color, creed, religion, sex, sexual
preference, age or national origin.
5.28. Contractor shall make timely payment of all employment taxes and of all social
security and other contributions of every kind required to be made with respect to
or measured by the wages and salaries of persons employed by Contractor.
5.29. Contractor shall indemnify City against, and hold City harmless from, any liability
or loss including liability or loss from fines or penalties arising out of Contractor's
failure to perform the obligations imposed upon it by Sections 5.28 and 5.29 of
the Agreement.
Page 13 of 19
Progress Reports
5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order
to provide reports or information concerning the Services being performed by
Contractor under this Agreement.
Contractor's License Classification
5.31. Contractor shall possess all appropriate licenses for the duration of this
Agreement.
SECTION 6. TERMINATION OF AGREEMENT
6.01. Unless otherwise terminated as provided in this Section, this Agreement will
continue in effect until such time as the Contractor completes the special
inspection and testing services of various construction components of Fire
Station No. 2, including masonry construction, welding, soils compaction and
concrete placement, unless otherwise extended according to the terms and
conditions set forth in this Agreement.
Non - Default Termination
6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days
written notice to Contractor and such termination shall be effective in the manner
specified in such notice and shall be without prejudice to any claim that either
party may have against the other. During the thirty (30) day period after such
notice is sent, the parties shall continue to act toward each other in good faith.
6.03. In the event of any such termination, in full and complete settlement for the
termination of the Work, City shall pay Contractor for those Services performed
prior to the date of delivery of the termination notice, plus compensation for (i)
necessary Work performed during the notice period and authorized in the
termination notice, and (ii) all costs reasonably and necessarily incurred by
Contractor directly attributable to termination which could not reasonably have
been avoided and for which Contractor is not otherwise compensated that are
incurred through the date of termination and effectuating the termination
( "Termination Expenses "). Termination Expenses shall not include lost profits,
lost opportunities, consequential damages, or the like. In no event shall total
payment exceed the Contract Price.
Page 14 of 19
Termination on Occurrence of Stated Events
6.04. This Agreement will terminate automatically on the occurrence of any of the
following events:
A. Bankruptcy or insolvency of either party; or
B. Sale of the Contractor; or
C. Assignment of this Agreement by Contractor without City's written
consent.
Termination for Default
6.05. If Contractor defaults in the performance of this Agreement or materially
breaches any of its provisions, City may immediately terminate this Agreement
by giving written notification to Contractor indicating the effective date of such
termination. Termination will take effect immediately upon the date specified in
the notification. For the purposes of this paragraph, material breach of this
Agreement includes, but is not limited to, the following:
A. Contractor's failure to perform, in a manner satisfactory to the City
in its sole discretion, the Services specified in Section 3 of this
Agreement; or
B. Contractor's material breach of any obligation or provision
contained in Section 5 of this Agreement.
6.06. The waiver by either party of a breach or default by the other party shall not be
deemed a waiver of any different or later breach; nor shall any delay or omission
by either party to exercise any right it may have hereunder operate as a waiver of
any breach or default of such a right. The failure of either party to this
Agreement to exercise any of its rights under this Agreement does not constitute
a breach thereof and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach.
6.07. In the event of any termination of this Agreement or reduction in the scope of the
Work, Contractor shall not be entitled to damages for Toss of profits for the
unexecuted portion of the Work or any other damages because of such
termination or reduction.
Page 15 of 19
SECTION 7. GENERAL PROVISIONS
Notices
7.01. All notices, approvals, consents and other communications between the parties
shall be in writing, and shall be sent by fax or by certified mail (return receipt
requested) to the respective addresses set forth below, or at such other address
as may be furnished by either party to the other in writing. Faxed notices,
confirmed by copy thereof, shall be deemed communicated as of the day the
facsimile was sent. Mailed notices will be deemed communicated as of the day
of receipt or the third
(3rd) day after mailing, whichever occurs first.
Contractor — MTGL, inc.
Attn: Steven Koch,
Senior Vice President
2992 E. La Palma Avenue, Ste. A
Anaheim, CA 92806
Fax: 714- 632 -2974
City - City of Vernon
Attn: Bruce V. Malkenhorst,
City Administrator /City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Fax: 323 - 826 -1438
Telephone: 714 - 632 -2999 Telephone: 323 - 583 -8811 ext 260
Entire Agreement of the Parties
7.02. This Agreement supercedes any and all agreements, either oral or written,
between the parties with respect to the rendering of Services by Contractor for
City and contains all of the representations, covenants, and agreements between
the parties with respect to the subject matter of this Agreement and the rendering
of those Services. Each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, which are
not contained in this Agreement, and that no other agreement, statement, or
promise not contained in this Agreement or a subsequent amendment or change
order shall be valid or binding. No amendment or change in the provisions of this
Agreement shall be made, except in a formal written amendment signed by
Contractor and an authorized representative of the City, or in a written change
order. Contractor expressly waives all claims for compensation based upon
quantum merit, implied contract or oral contract. Each party represents and
warrants that it has read and fully familiarized itself with this Agreement, and that
such party has been fully authorized to sign this Agreement.
Page 16 of 19
7.03. This Agreement shall be comprised of these included provisions, together with
Exhibits A and B, which are all attached. In the event of conflict between this
Agreement and any of the exhibits, including the Proposal, this Agreement shall
prevail.
Partial Invalidity
7.04. If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will continue in full
force and effect without being impaired or invalidated in any way.
Law and Arbitration
7.05. All disputes arising out of or related to this Agreement, the conduct of either party
in connection with this Agreement, and the relationship and rights of the parties
in connection with this Agreement, whether characterized as breach of contract,
tort, or otherwise (except for those requesting injunctive relief) shall be
determined by binding arbitration in accordance with the terms of this Section.
The submittal of all matters to arbitration in accordance with the terms of this
Section is the sole and exclusive method, means and procedure to resolve any
and all claims, disputes or disagreements arising under this Agreement, except
for claims by either party which seek injunctive relief, which claims shall be
resolved by suit filed in the Superior Court of Los Angeles County, California, the
decision of which court shall be subject to appeal pursuant to applicable law.
The parties hereby irrevocably waive any and all rights to the contrary and shall
at all times conduct themselves in accordance with the terms of this Section,
relying on arbitration as the sole means of resolution of disputes. Arbitration of
all matters required to be arbitrated hereunder shall take place before a panel of
three retired judges of the Superior Court of the State of California (the
"Arbitrators ") under the auspices of Judicial Arbitration & Mediation Services, Inc.
( "JAMS "). Such arbitration shall be initiated by the parties, or either of them,
within ten (10) calendar days after either party sends notice of a demand to
arbitrate (the "Arbitration Notice ") to the other party and to JAMS. The Arbitration
Notice shall contain a description of the subject matter of the arbitration, the
dispute with respect thereto, the amount involved, if any, and the remedy or
determination sought. Each party shall select a retired judge from the JAMS
panel, and the two selected judges shall mutually agree on the third retired judge
from the JAMS panel. If one of the parties does not select a retired judge from
the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration
Notice, JAMS will select the second judge, and the judge selected by JAMS and
the judge selected by the other party will select the third judge for the panel. The
third judge is to be selected within ten (10) calendar days following the selection
of the first two judges. The three judges will together serve as the Arbitrators.
Page 17 of 19
The arbitration shall be conducted in Los Angeles, California. Any party may be
represented by counsel and /or other authorized representative. In rendering a
decision(s), the Arbitrators shall determine the rights and obligations of the
parties according to the substantive and procedural laws of the State of California
and the terms of this Agreement. The decision of the Arbitrators shall be based
on the evidence introduced at the hearing and accompanied by a written
statement of decision as to each of the principal controverted issues. The
agreement of two of the three Arbitrators as to the resolution of the dispute shall
be a conclusive resolution. The Arbitrators shall deliver the written decision to
the parties within thirty (30) calendar days following the date of the selection of
the last of the Arbitrators. The decision shall be conclusive and binding, and it
may thereafter be confirmed as a judgment by the Superior Court of the State of
California, subject only to challenge on the grounds set forth in the California
Code of Civil Procedure Section 1286.2. The validity and enforceability of the
decision of the Arbitrators is to be determined exclusively by the California
courts.
Attorney's Fees
7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys' fees
and actual costs, which may be set by the arbitrators or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
7.07. Neither party shall be considered in default in any of its obligations under this
Agreement when a failure of performance shall be due to an uncontrollable force.
The term "uncontrollable force" shall mean any cause beyond the control of the
party affected, including, but not restricted to, flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or
municipal action, statute, ordinance, or regulation, embargoes of the United
States Government or any other government, which by exercise of due diligence
such party could not reasonably have been expected to avoid and by exercise of
due diligence has been unable to overcome. Either party rendered unable to
fulfill any of its obligations under this Agreement by reason of an uncontrollable
force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all
reasonable dispatch.
7.08. Except as may otherwise be specifically provided herein, this Agreement may be
modified or amended only by a written document executed by both Contractor
and the City and approved as to form by the City Attorney.
Page 18 of 19
7.09. The captions used in this Agreement are for convenience only and shall in no
way define, limit or describe the scope or intent of the Agreement or any part
thereof.
7.10. City reserves the right to award similar contracts to multiple contractors to ensure
the City has adequate services.
IN WITNESS WHEREOF, the parties have executed the Agreement on the dates
shown below.
Executed at
City:
City of Vernon
Name: Leonis C. Malburg, Mayor
Date:
, California, on
ATTEST: APPROVED AS TO FORM:
Bruce V. Malkenhorst, Jr., Eric T. Fresch, City Attorney
Acting City Clerk
Contractor:
MTGL, Inc.
Signature
Print Name
Title
Date
Signature
Print Name
Title
Date
Page 19of19
Exhibit A
Office Locations
Orange County
Los Angeles
Corporate Branch:
2992 E. La Palma Avenue
Suite A
Anaheim, CA 92806
Tel: 714.632.2999
Fax: 714.632.2974
San Diego
Imperial County
7313 Carroll Road
Suite G
San Diego, CA 92121
Tel: 858.537.3999
Fax: 858.537.3990
Inland Empire
14320 Elsworth Street
Suite C101
Moreno Valley, CA 92553
Tel: 909.653.4999
Fax: 909.653.4666
Central Dispatch
800.491.2990
www.mtglinc.com
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
Geotechnical Engineering
Construction Inspection
Materials Testing
April 21, 2005
SDP- 5 -143.R
(323) 826 -1435
Attention: Mr.Pepe Reynoso
RE: PROPOSAL FOR TESTING AND INSPECTION
Vernon Fire Station # 2 Replacement and Public Works Center Remodel
4301 Santa Fe - Vernon, Ca
Enclosed please find our proposal, and Standard Fee Schedule dated February 1, 2004. The rates
set forth in the attached schedule have been discounted as detailed in the proposal.
We have reviewed the plans and specifications and it is understood that the proposed project
consists of a 9,251 Sq. Ft. Fire Station with Locker / Shower Room Add. S.I.C. 016, 039, 097,106
Our estimated fees of $ 49,881.00, have been based on the soil report, plans, specifications, and
the minimum requirements of the structural program.
The estimated breakdown of hours has been detailed for budget purposes. Services will be billed
on a time and material basis as required, and scheduled by the superintendent.
Time and Material rates are inclusive of all overhead charges, including supervision and report
distribution.
Estimates shown are based on work performed eight hours per day, Monday through Friday.
Should our firm be selected for this, we will review the construction schedule for a revision of time
frames if requested.
All invoicing would be in accordance with the Basis of Charges in our Schedule of Fees. These
prices will remain in effect for 90days from the date of this proposal.
The opportunity of submitting this proposal is sincerely appreciated. If it meets with your
approval, please indicate your acceptance by signing and returning the enclosed copy.
We look forward to working with you on this project.
Sincerely,
CLIENT:
MTGL, Inc. BY:
T1 T LE:
teven Koch DATE:
Senior Vice President
Encl.: Schedule of Fees dated February 1, 2004
MBE WBE Certification, Project Approach
SPECIAL INSPECTION
CONCRETE 1 REINFORCING STEEL / MASONRY, STRUCTURAL STEAL
H. S. BOLTING / ANCHOR PULL TESTING AND INSPECTION
80 Hours Concrete Inspection- Foundations $ 48.00 hour $ 3,840.00
50 Hours Concrete Inspection- Slab, Deck $ 48.00 hour $ 2,400.00
80 Hours Concrete Tech. - Concrete Compression, + Air Tests $ 48.00 hour $ 3,840.00
300 Hours Masonry Inspection $ 48.00 hour $ 14,400.00
100 Hours Structural Steel Inspection $ 48.00 hour $ 4,800.00
100 Hours Structural Steel Fabrication Inspection $ 48.00 hour $ 4,800.00
3 Each Mix Design Review $ 125.00 each $ 375.00
6 Hours Core Drilling $ 130.00 hour $ 780.00
10 Sets Reinforcing Steel Tensile / Bend Tests $ 60.00 set $ 600.00
3 Sets Masonry Block Absorption, Compression, Shrinkage $ 30Q.00 set $ 900.00
6 Each Concrete Flexural Strength Beams $ 50.00 each $ 300.00
96 Hours Batch Plant Inspection $ 48.00 hour $ 4,608.00
16 Hours Reinfor6ing Steel Sampling Technician $ 58.00 hour $ 928.00
42 Each Mortar /Grout Compression Test $ 20.00 Each $ 840.00
9 Each Grouted Masonry Prism Compression Test $ 100.00 Each $ 900.00
1 Each Project Sgt Up/Plan Review $ 250.00 each $ 250.00
72 Each Concrete Compression Tests (inc. P /u) $ 20.00 each $ 1,440.00
12 Hours Engineers Compliance Reports $ 90.00 hour $ 1,080.00
Subtotal $ 47,081.00
GLUE -LAM INSPECTION
Outside Service - Out of Area Cost + 20% $ 1,800.00
2 Each Final Affidavit
ADMINISTRATION
$ 500.00 $ 1,000.00
TOTAL $ 49,881.00
ALTERNATE
SOIL / ASPHALT TESTING AND INSPECTION
60 Hours Soils Technician - Grading $ 48.00 hour $ 2,880.00
140 Hours Soils Technician - Utilities $ 48.00 hour $ 6,720.00
12 Hours Soils Technician -Wall Backfill $ 48.00 hour $ 576.00
9 Hours Staff Engineer - Foundations $ 90.00 hour $ 810.00
1 Each Soils Report Review and Acceptance $ 500.00 each $ 500.00
30 Days Nuclear Density Gauge/Mobil Field Lab $ 40.00 day $ 1,200.00
2 Each Maximum Density $ 140.00 each $ 280.00
2 Each R -Value Test $ 140.00 each $ 480.00
2 Each Expansion Index $ 90.00 each $ 180.00
8 Hours Registered Eng. -Final Report / AC Pavement Design $ 120.00 each $ 960.00
Alternate Total $ 14,586.00
Services quoted are inclusive of Geotechnical Engineer Change of Record, and required compaction testing
as required by the Geotechnical Report prepared by Earth Tech dated June 11,2003.
Office Locations
Orange County
Los Angeles
Corporate Branch:
2992 E. La Palma Avenue
Suite A
Anaheim, CA 92806
Tel: 714.632.2999
Fax: 714.632.2974
San Diego
Imperial County
7313 Carroll Road
Suite G
San Diego, CA 92121
Tel: 858.537.3999
Fax: 858.537.3990
Inland Empire
14320 Elsworth Street
Suite C101
Moreno Valley, CA 92553
Tel: 909.653.4999
Fax: 909.653.4666
Central Dispatch
800.491.2990
www.mtglinc.com
Project Approach
Communication 1 Scheduling
Geotechnical Engineering
Construction Inspection
Materials Testing
A. Our communication for service will come from the superintendent on
the project who will determine the need for inspection as defined in the
plans and specifications. Steven Koch will be the in house project manager
with MTGL.
B. Our dispatch department will process the requests for the following
days service up to 12:00 PM the previous day. We also will cover any last
minuet calls with our first available personnel.
Response Time
Our office is situated in Anaheim at the 91 and 57 freeways. Our estimated
time to get to the project site is 30 -40 minuets
Service Hours
A. Normal inspection hours are 6:00 Am — 6:00 Pm Monday — Friday.
B. Inspectors submitted are available to meet the needs of the clients
schedule including weekend and holidays.
Reporting
Reporting will be daily at the completion of the day with verified service
hours signed by the superintendent. The City of Vernon, Architect,
Structural Engineer, and General Contractor's project manager will be
mailed the reports within 7 working days of our service. We can and will fax
results when requested without an additional charge to the project.
Accounting
We will track budgets weekly and inform our client with any budgetary
issues.
0
r
R18 Labs
d. r,.
to
d'
to
N 0 u - 00
F- to *4 * M
' d
N ,-1 CD
d' Cr) VD , 0
N Q
f-
.' d1- � t" C) Q N
to N O U
.n 0 0 N O N
no
N p 0 O
, 4
M ,-I 1 N U
d- 0 0 ,-i
Cr) CV
N
in M O
N
N Cr) U Ln N U
1- 0 N
N ,-i
CA kip L(▪ 7 f- N l0
O N U tD Li 0
NI N
1- N k.0 M d' .r 1
ls7 D Cr) H 00 Cr)
,-1 N
N 0 low 0
d' N CO f- 00 O N
k0 0 U O d' N U
1- �0 pN
0 O N f- N N
M (Ni ,-j N 7-1
1— 0 U 00 t- - 1
Cr) 1--1 N ,--1 N Cr)
CI t1On U L .N U
•.., 0 NM sv
N ' ,-.1 d" F- N V 0°
� ° O0
'-- O U
rn d� -i fl �N V, GI
� C S Ln 0 M .
0 44 � • = U
c ..= N O 0 CT 0 .-.
N i— W to
L
V J in 00 kr) N N o)�-1 W,W
N r; a ,-: ,- 1 I-- N .a ,�
X 00 p1i� °000 C _
�N� Ni
=NQ 1- c°AF-0 O. 0
Personnel Qualifications /Certifications Matrix
INSPECTORS 1
TECHNICIANS
ACI Tech 1
Batch Plant
Puil•Torque
Soil
Nuke/Sand
Cone
Floor
Flatness
Roofing
Insp.
Caitrans Soil
Concrete
Concrete
Insp.
Masonry
Map.
Poi
Tension
Fire Proofing
Map,
Structural
Steel
AWS CWI
ALLISON, P
Deputy Inspector
X
X
X
LYONS, William
Deputy Inspector
X
X
X
MADDOX,M
Deputy inspector
X
X
MARCEL, A
Deputy Inspector
X
X
MARCELLINI, S
tIN Inspector
X
X
MART Jarrod
Field Technician
X
X
X
X
McHENRY, D
Deputy Inspector
X
MELO, F
Staff Engineer
X
X
X
X
MELOW, Ryan
Field Technician
X
X
X
X
METZGER, Doug
Field Technician
MILLER, R
Deputy Inspector
X
X
MOUSER, J
Deputy Inspector
X
X
MOYER, W
Deputy Inspector
X
X
X
X
X
NACE, B
Deputy Inspector
X
X
X
NAING, M
Field Technician 11
X
X
X
X
NAYLOR, S
Deputy Inspector
X
X
NEILL, D
Deputy Inspector
X
X
X
X
X
X
X
X
NISSEN, R
Deputy Inspector
X
X
PERRY, L
Deputy Inspector
X
X
PRICE, J
Deputy Inspector
X
X
X
PRICE, L
Deputy Inspector
X
RALLO, B
Deputy Inspector
X
X _
X
X
X
RAMSEY, C
Deputy Inspector
X
X
X
RENTERIA, B
Deputy Inspector
X
X
SANDERS,M
Deputy Inspector
X
X
X
X
SCORZA, J
Deputy Inspector
X
X
X
X
X
SERRANTINO, J
Deputy Inspector
X
X
X
X
X
SHERMER,M
Deputy Inspector
X
X
X
SKUUAN, S
Deputy Inspector
X
SMITH, 0
Deputy Inspector
X
X
SMITH, L
Deputy Inspector
X
X
X
SMITH, T
Deputy Inspector
X
X
STEVENS, R
Deputy Inspector
X
X
X
X
SULLIVAN, M
Deputy Inspector
X
SUNESON, G
Deputy Inspector
X
X
X
TAPIA, L
Field Technician
X
X
X
TAPIE, M
Deputy Inspector
X
TELEGHANI, F
Deputy Inspector
X
X
X
X
X
X
TIPPS, D
Field Technician III
X
X
X
X
X
X
TORSTENBO, N
Deputy Inspector
X
X
X
4~
g
pi,
c,)
r
v=44
H W
(AN
i
t;.PnE-141 N N
E—+
O
11
W
et
J1•
o �
z P,
0
0
U
O
Pa
U v
O 0 0 OP
r. GQ. 0
.
N cn
°o. 0
a
b1 a
b c°��' o
il A
ga .4c6
r
m
d
la ci,
rn
d o
v d h
H 41
NAICS code
a
5
O
Q
O
P4
O
(213) 922 -2600
Corporate Office:
Orange County
Branch Offices:
Los Angeles /
Ventura
San Diego /
Imperial
Inland Empire
2992 E. La Palma Ave., Suite A, Anaheim, CA 92806
Tel: (714) 632 -2999 Fax: (714) 632 -2974
13010 San Femando Road, Unit 1 Sylmar, CA 91342
Tel: (818) 833 -8100 Fax: (818) 833-0085
7313 Carroll Road, Suite G, San Diego, CA 92121
Tel: (858) 537 -3999 Fax: (858) 537 -3990
14320 Elsworth St. Suite C101, Moreno Valley, CA 92553
Tel: (909) 653 -4999 Fax: (909) 653 -4666
SCHEDULE OF FEES
EFFECTIVE FEBRUARY 1, 2004
' MTGL, Inc. is a woman - owned, minority - business - enterprise. Our facilities have been structured and
professionally staffed to provide our clients with comprehensive services in the field of Construction
Inspection and Testing, Geotechnical Engineering, Engineering Geology, and Environmental Services.
GEOTECHNICAL ENGINEERING
CONSTRUCTION INSPECTION
ROOFING INSPECTION
ENGINEERING INVESTIGATIONS
PAVEMENT MANAGEMENT
CONSTRUCTION ENGINEERING
PHYSICAL TESTING
NON - DESTRUCTIVE EXAMINATION
RESEARCH
ENVIRONMENTAL / INDUSTRIAL HYGIENE
Planning and feasibility studies, preliminary and final
design, grading and foundation plan reviews, observation,
testing, verification and engineering consultation during
construction.
Field inspection by registered deputy inspectors.
Field inspection by qualified technicians.
Evaluation of existing and damaged structures.
Design, failure investigations, remedial measures.
Materials, specifications, quality assurance, expert
testimony.
Construction materials, structural systems.
Ultrasonic, magnetic particle, dye penetrant.
Product and process •development, reliability testing.
Asbestos & lead -paint based consultation, project design,
monitoring & management, remediation planning
environmental site assessments, thermographic imaging,
indoor air quality testing, mold screening & consultation,
water intrusion & investigation.
Schedule of Fees Effective February 1, 2004
Page 2
CONSTRUCTION SERVICES
PROFESSIONAL SERVICES
Principal Engineer / Geologist
Registered Civil Engineer / Geologist
Staff Engineer / Geologist
Inspection / Laboratory Supervisor
Draftsperson
Word Processing
Review of files for processing affidavits
and certifications required by various
Govemmental Agencies
Legal Consultation, Expert Witness and
Court Appearances (Minimum 4 Hours)
$ 150.00 Per Hour
$ 120.00 Per Hour
$ 90.00 Per Hour
$ 90.00 Per. Hour
$ 70.00 Per Hour
$ 50.00 Per Hour
$ 90.00 Per Hour
$ 250.00 Per Hour
ENVIRONMENTAL SERVICES
Certified Asbestos Consultant $
Certified Asbestos Inspector $
Certified Asbestos Project Manager $
Certified Asbestos Project Designer $
Certified Site Surveillance Technician $
On -Site 582 Certified Microscopist $
Certified Lead Inspector / Assessor $
Certified Lead Project Monitor $
Certified Industrial Hygienist $
Environmental Site Assessment (Phase I) $
Environmental Site Assessment (Phase II) $
Industrial Hygienist $
(Prices based on 2 Hour Minimum & Test Sam
85.00 Per Hour
65.00 Per Hour
75.00 Per Hour
75.00 Per Hour
65.00 Per Hour
65.00 Per Hour
65.00 Per Hour
65.00 Per Hour
180.00 Per Hour
95.00 Per Hour
95.00 Per Hour
100.00 Per Hour
pies Additional)
PROJECT SERVICES
Pile Driving / Deep Foundation Inspection $
Special Inspection $
Roofing Technician $
Batch Plant (Concrete or Asphalt) $
Technician - Laboratory and Field $
Soils/Asphalt Technician $
Ultrasonic, Dye Penetrant, or Magnetic
Particle Inspection $
Pachometer/ Schmidt Hammer/Elcometer /
Torque $
Pull-Out Test on Embedded Bolts/
Anchors and Dowels $
Concrete, Masonry, Asphalt Coring or Sawing $
Floor Flatness / Levelness (Inc. Equipment) $
Emissivity $
Ground Rod Test $
EQUIPMENT
Pick -Up and Delivery - Miscellaneous $
Skidmore - Wilhelm Bolt Cell $
Torque Wrench $
Air Meter $
Pachometer $
Schmidt Hammer $
Ultrasonic Equipment $
Magnetic Particle Equipment $
Dye Penetrant Equipment $
Jacking Assembly $
Nuclear Density Gauge $
Mobile Soils Laboratory $
Coring Equipment $
Emissivity Test Kit - $
Ground Rod Equipment. $
75.00 Per Hour
55.00 Per Hour
55.00 Per Hour
55.00 Per Hour
50.00 Per Hour
55.00 Per Hour
65.00 Per Hour
65.00 Per Hour
65.00 Per Hour
130.00 Per Hour
750.00 Per Day
85.00 Per Hour
85.00 Per Hour
40.00 Per Hour
40.00 Per Day
15.00 Per Day
20.00 Per Day
50.00 Per Day
30.00 Per Day
40.00 Per Day
50.00 Per Day
30.00 Per Day
25.00 Per Day
40.00 Per Day
40.00 Per Day
50.00 Per Day
40.00 Each
40.00 Per Day
TESTING MACHINES
Testing Machine with Operator in Laboratory
0 - 60,000 Pound Machine (Universal) $ 125.00 Per Hour
300,000 Pound Machine (Universal) $ 175.00 Per Hour
CONCRETE
STRENGTH CHARACTERISTICS
A.S.T.M.
C39 Concrete Cylinders (6" x 12 ")
W/ Mold $ 17.00 Each
C495 Lightweight Fill Concrete (3" x 6 ")$ 20.00 Each
C39 Concrete or Gunite Cores,
6" Maximum Diameter,
Including Trim $ 35.00 Each
C496 Splitting Tensile $ 50.00 Each
C78 6" x 6" Beams, Modulus
of Rupture $ 50.00 Each
Handling Charge, Cylinders
Not Broken/Hold $ 10.00 Each
Handling Charge, Beams
Not Broken/Hold $ 40.00 Each
C469 Modulus of Elasticity $ 75.00 Each
MIX DESIGN
A.S.T.M.
C192 Laboratory Trial Batch with Slump,
and 6 Cylinders/Prisms
Unit Weight, Air,
(Sampling Extra) $ 350.00 Each
Mix Design, Determination of
Proportions $ 150.00 Each
Review of Existing Mix Design $ 125.00 Each
MISCELLANEOUS TESTING
C567 Unit Weight of Hardened Light
Weight Concrete $ 40.00 Each
C684 Rapid Cure Concrete Cylinders
(Boil Method) $ 30.00 Each
C157 Drying Shrinkage (3 Bars - Four
Readings, up to 90 Days) $ 200.00 Set
C495 Lightweight Fill Concrete Density$ 30.00 Each
MASONRY
STRENGTH CHARACTERISTICS
C780 Mortar Cylinders (2" x 4 ") w/ mold $
C109 Mortar Cubes (2" x 2 ") w/ mold $
C39 Grout Prisms (3" x 6 ") w/ mold $
Handling Charge, Mortar or
Prisms Not Broken/Hold $
C140 Block Compression
<_8 "x8 "x16" $
C140 Block Compression
>8 "x8 "x16" $
E447 Grouted Masonry Prism
Compression Test < 8" x 8" x 16 "$
E447 Grouted Masonry Prism
Compression Test > 8" x 8" x 16"
Handling Charge, Grouted Prisms
Not Broken/Hold $
17.00 Each
17.00 Each
17.00 Each
10.00 Each
35.00 Each
45.00 Each
100.00 Each
Quotation
75.00 Each
BLOCK
A.S.T.M.
C140 Moisture Content and Absorption. $ 45.00 Each
C140 Measurements $ 25.00 Each
C67 Masonry Efflorescence $ 45.00 Each
C426 Linear Shrinkage
(CMA Method) $ 95.00 Each
Rapid Linear Shrinkage
(British Modified Method) $ 75.00 Each
C952 Bond Strength $ 50.00 Each
C39 Masonry Core - Compression $ 35.00 Each
Masonry Core - Shear $ 65.00 Each
Schedule of Fees Effective February 1, 2004
Page 3
BRICK
A.S.T.M.
C67
C67
C67
C67
C67
C67
C67
C67
STEEL
Compression $
Modulus of Rupture $
Absorption, Soak $
Absorption, Boil $
Absorption, Saturation Coefficient $
Initial Rate of Absorption $
Efflorescence $
Efflorescence with Mortar $
35.00 Each
35.00 Each
25.00 Each
25.00 Each
35.00 Each
35.00 Each
45.00 Each
55.00 Each
REINFORCEMENT
A.S.T.M.
A615 - No. 11 Bar and Smaller $ 30.00 Each
No. 14, No. 18 Quotation
A615 Bend Test No. 11 Bar and
Smaller $ 25.00 Each
Processing Mill Certificates
(Per Size and Heat) $ 15.00 Each
STRUCTURAL STEEL
A.S.T.M.
A370 Tensile Strength
Up to 100,000 Ibs $ 40.00 Each
100,000 to 200,000 Ibs $ 50.00 Each
Bend Test $ 30.00 Each
Pipe Flattening Test $ 30.00 Each
Bolt Tensile Test $ 35.00 Each
Bolt Proof Test $ 25.00 Each
Nut Proof Test $ 20.00 Each
Nelson Stud Tensile Test $ 35.00 Each
Machining and Preparation
of Samples $ 35.00 Each
Brinell & Rockwell Hardness
Test $ 35.00 Each
Processing Mill Certificates
(Per Size and Heat) $ 25.00 Each
PRESTRESS
A.S.T.M.
A416
Prestress Cable, 7 Wire
held / Tensile) $
A416 Prestress Wire (Yield / Tensile) $
Sample Preparation $
150.00 Each
140.00 Each
45.00 Per Hour
WELD PROCEDURE AND WELDER QUALIFICATIONS
Welder Certification (AWS) $ 55.00 Per Hour
STRUCTURAL STEEL COUPON
Weld Tensile Test $ 35.00 Each
Weld Bend Test $ 25.00 Each
Weld -Macro Etch $ 50.00 Each
Machining and Preparation
of Samples $ 35.00 Each
FIREPROOFING
UBC 7-6 Unit Weight $ 35.00 Each
ROOFING
Unit Weight $ 55.00 Each
UBC 15 -5 Tile (Breaking Strength/
Absorption) $ 60.00 Each
Mineral Shake - Flexural $ 35.00 Each
Mineral Shake - Absorption $ 25.00 Each
SOIL AND AGGREGATE
CLASSIFICATION
A.S.T.M.
C136 Sieve Analysis ( > #4 Sieve) $ 40.00 Each
C136 Sieve Analysis ( <#4 Sieve) $ 40.00 Each
D422 Sieve Analysis ( < #4 Sieve,
Washed) $ 50.00 Each
D1140 #200 Wash $ 30.00 Each
D422 Sieve Analysis - Combined $ 60.00 Each
D422 Hydrometer with Sieve
Analysis $ 125.00 Each
D4318 Liquid and Plastic Limit $ 90.00 Each
D2419
CAL TM 217 Sand Equivalent (Set of Three)$ 65.00 Set
CAL TM 217 Cleanness Value $ 230.00 Each
PHYSICAL CHARACTERISTICS
A.S.T.M.
C127 Specific Gravity and Absorption
(> #4 Sieve) $ 75.00 Each
C128/D854 Specific Gravity and Absorption
(< #4 Sieve) $ 65.00 Each
C127 Specific Gravity ( > #4 Sieve) $ 60.00 Each
C128/D854 Specific Gravity ( < #4 Sieve) $ 50.00 Each
D2216 Moisture Content $ 15.00 Each
D3080 Direct Shear Quick Undisturbed $ 100.00 Each
Direct Shear Slow Undisturbed ........ Quotation
D3080 Direct Shear Quick Remolded $ 160.00 Each
Direct Shear Slow Remolded Quotation
D2166 Unconfined Compression $ 60.00 Each
D2435 Consolidation - Time Rate $ 275.00 Each
D2435 Consolidation - Without Time Rate$ 175.00 Each
UBC 18 -2 Expansion Index $ 90.00 Each
D2434 Permeability - Undisturbed $ 175.00 Each
D2434 Permeability - Remolded $ 225.00 Each
SUBGRADE SUPPORT QUALITY
A.S.T.M.
D1883 Bearing Ratio w/o M. D. Curve -
Per Point $ 80.00 Each
D2844
CAL TM 301 R -Value (3 Points) $ 190.00 Each
Lime, Cement or Bituminous Treatment available upon request.
DENSITY CHARACTERISTICS
A.S.T.M.
D2937 Moisture / Density (Ring)
D1557 -A,B Maximum Density
D1557 -C Maximum Density
D698 -A,B Maximum Density
D698 -C Maximum Density
Check Point (Maximum Density)$
Unit Weight - Loose $
Unit Weight - Rodded $
Maximum Density $
$ 25.00 Each
$ 140.00 Each
$ 150.00 Each
$ 120.00 Each
$ 130.00 Each
70.00 Each
35.00 Each
40.00 Each
150.00 Each
C29
C29
CAL TM 216
CHEMICAL PROPERTIES
CAL TMs
532/643 Resistivity $ 75.00 Each
532/643 pH $ 45.00 Each
CAL TM 417 Sulphate $ 55.00 Each
CAL TM 422 Chloride $ 55.00 Each
Corrosivity Series $ 165.00 Each
Schedule of Fees Effective February 1, 2004
Page 4
AGGREGATE PROPERTIES
A.S.T.M.
C131 LA Abrasion $ 140.00 Each
C535 LA Abrasion $ 150.00 Each
C88 Soundness $ 275.00 Each
C40 Organic Impurities $ 40.00 Each
C142 Clay Lumps / Friable Particles$ 90.00 Each
C235 Soft Particles $ 75.00 Each
C123 Coal & Lignite $ 100.00 Each
CRD 119 Percent Elongation / Flats $ 145.00 Each
CAL TM 205 Percent Crushed $ 100.00 Each
CAL TM 229 Durability $ 150.00 Each
ASPHALT CONCRETE
GENERAL TESTING
A.S.T.M.
D2172 Bitumen Content $ 100.00 Each
D136, C117 Gradation of Extracted Sample $ 50.00 Each
D1188 Unit Weight - Molded Specimen
or Cores $ 50.00 Each
D2041 Theoretical Maximum Density $ 75.00 Each
D1561,
CAL TM 3D4 Compacted Maximum Density -
HVEEM $ 120.00 Each
D1559 Compacted Maximum Density -
MARSHALL $ 130.00 Each
D1664 Stripping $ 65.00 Each
MIX DESIGN / CONTROL
A.S.T.M.
01560
CAL TM 336 Mix Design - HVEEM including.
Aggregate Tests - Per Design ..$1,000.00Each
D1159 Mix Design - MARSHALL including
Aggregate Tests - Per Design ..$1,200.00Each
D1560
CAL TM 336 Field Mix - HVEEM - Stability
Per Point $ 150.00 Each
D1559 Field Mix - MARSHALL - Stability
Per Point $ 160.00 Each
MISCELLANEOUS
Specimen Pick -Up
Concrete/Mortar Cylinders and Grout
Prisms ($18.00 Minimum) $ 6.00 Each
Flexural Beams ($70.00 Minimum) $ 35.00 Each
Masonry Prism up to 8" x 8" x 16"
($70.00 Minimum) $ 35.00 Each
Masonry Prism, Larger than 8" x 8" x 16" Quotation
Gunite and Shotcrete Test Panels
($70.00 Minimum) $ 35.00 Each
Fireproofing Samples $ 35.00 Per Trip
BASIS OF CHARGES
1. A four hour minimum show -up charge will be incurred
for all scheduled field services not canceled before 4:00
p.m. of the preceding day. A minimum four hour charge
will be incurred for special deputy field services up to
four hours and a minimum of eight hours will be
incurred for special deputy field services in excess of
four hours per day. A minimum four hour charge will be
incurred for technician field services. A one -hour
minimum charge will be incurred for any office services.
2. An overtime premium of time and one -half will be
charged for any personnel services in excess of eight
hours per day, up to and including twelve hours per
day, and Saturday. Double time will be charged for
over twelve hours in any one day, Sunday and
Holidays. Holidays are New Years Day, Memorial Day,
July 4 , Labor Day, Veteran's Day, Thanksgiving Day
and the Friday after Thanksgiving Day, and Christmas
Day. High priority laboratory testing at the Client's
request which requires unscheduled overtime is subject
to a 50% increase from the standard rates.
3. Swing (2nd) and graveyard (3rd) shift will be charged at
regular rates plus 15% and 20% respectively.
4. Sampling, specification review, discussion, and report
preparation for field testing are charged at hourly rates.
A minimum charge of $100.00 will be made for
issuance of any engineering reports. Engineering
review time of all field reports is estimated to be 0.2
hours per report. The charge for weekly report
distribution is 1 hour per week.
5. There will be no charge for travel time and mileage
within a 50 mile radius of our nearest office for deputy
inspection only. For projects outside a 50 mile radius
and less than 100 miles, the mileage rate will be 50
cents per mile. Engineers, Consultants, Supervisors
and Technicians are charged portal to portal with
minimums from the nearest office to site of work and
return, unless otherwise noted.
6. Reimbursable expenses such as parking, air fare, car
rental, food and lodging will be charged at cost plus
20 %, unless provided. Subsistence on remote jobs by
quotation, unless provided.
7. Outside services performed by others and direct costs
expended on the Client's behalf are charged at cost
plus 20 %, unless otherwise noted.
8. Certified Payrolls will be supplied upon request at a cost
of $75.00 per pay period.
9. There will be a minimum project set -up fee of $250 for
obtaining plans, specifications, accounting /distribution
information and filing of preliminary liens. Invoicing is
performed on a monthly basis. Past due account will
accumulate interest charges at the rate of 1% per
month
10. Prices for tests not quoted or discounts for volume work
will be given upon request.
Prices subject to change without notice.
Exhibit B
EXHIBIT B
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO: CONSULTANT
REQUESTED BY:
You are hereby directed to make the herein described changes from the original scope of work of this agreement.
c: Acting City Clerk/Purchasing/Project File /Consultant
Contract Amount (Base Bid)
$
Amount of This Change Order
$
Amount of Previous Change Orders
$
Total Change Orders
$
Modified Agreement Amount
$
By reason of this order the time of
completion will be adjusted as follows:
Approved: Date:
Acting City Clerk
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefore the prices shown above,
Accepted Date: Consultant:
By: Title:
c: Acting City Clerk/Purchasing/Project File /Consultant
SUPPORTING
DOCUMENTS
SERVICES AGREEMENT
This AGREEMENT ( "Agreement ") is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as the original
hereof for all purposes, as of this 2nd day of November 2005, in the City of Vernon,
County of Los Angeles, California
BY AND BETWEEN
AND
CITY OF VERNON, a municipal
corporation, hereinafter referred to as
the "City"
4305 Santa Fe Avenue
Vernon, California 90058
MTGL, INC., an independent contractor,
hereinafter referred to as the
"Contractor"
2992 East La Palma Avenue, Suite A
Anaheim, California 92806
RECITALS
WHEREAS, the City has determined to retain the services of an
independent contractor to perform special inspection and testing services of various
construction components of Fire Station No. 2, including masonry construction, welding,
soils compaction and concrete placement and
WHEREAS, Contractor has prepared a proposal dated April 21, 2005, for
the Services, which includes Contractor's Standard Fee Schedule dated February 1,
2004, a copy of which is attached hereto as Exhibit A and incorporated by this reference
(the "Proposal "); and
WHEREAS, Contractor represents that it is qualified and capable of
furnishing the labor, materials and expertise necessary to perform the Services that the
City requires, as set forth in this Agreement, and is willing to do so on the terms and
conditions set forth below; and
WHEREAS, the Contractor's cost proposal is acceptable to the City; and
WHEREAS, the City desires to enter into an agreement with Contractor to
provide special inspection and testing services of various construction components of
Fire Station No. 2, including masonry construction, welding, soils compaction and
concrete placement on a contract basis as defined in the terms and conditions set forth
below.
Page 1 of 19
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. TERM OF CONTRACT
1.01. This Agreement will become effective on November 2, 2005, and will continue in
effect until such time as Contractor completes the special inspection and testing
services of various construction components of Fire Station No. 2, including
masonry construction, welding, soils compaction and concrete placement, or until
terminated as provided in this Agreement.
SECTION 2. DEFINITION OF TERMS
2.01. Whenever used in the Agreement, the following terms shall mean:
A. "Agreement" shall mean that formally executed Agreement or Contract
which includes the Contract Documents attached. The Agreement
constitutes the entire agreement between the parties relating to its subject
matter.
B. "City" shall mean the City of Vernon, California, the entity which has
executed the Agreement and, where applicable, its affiliated companies,
and its officers, directors, employees, representatives and agents.
C. "Contractor" shall mean MTGL, Inc. and where applicable, its affiliated
companies, and its officers, directors, employees, representatives and
agents.
D. "Contract Documents" shall include any inquiry, invitation to bid, or
proposal which may have, but not necessarily, preceded execution of the
Agreement, and including the General Provisions and all exhibits and
schedules attached to the Agreement and all plans and specifications
identified in the Contract Documents.
E. "Contract Price" shall mean the compensation set forth or provided for in
Section 4.01 of this Agreement. Whether it expressly provides for the
reimbursement of costs incurred by Contractor or simply for the payment
of a lump sum of money, it is intended to be the full and complete payment
for satisfactory completion of the Work and, unless otherwise stated, to
cover all costs whether for materials, equipment, tools, labor, services and
taxes and all overhead, rentals and profit or fee, if any.
Page2ofl9
F "General Provisions" or "General Conditions" shall mean the General
Provisions as set forth in this Agreement.
G. "Premises" shall mean the physical premises under City's control or
ownership where Work hereunder is to be performed.
H. "Proprietary Information" and "Confidential Information" shall mean all
information, whether written or oral, which Contractor acquires from,
through or on behalf of City, directly or indirectly, or which arises out of the
Work, concerning the Work or proprietary processes involved in the Work
including, without limitation, information concerning past, present or future
business plans of City, information about the operations of City's
Premises, and other City information or know -how obtained during the
Work, except information falling into any of the following categories:
1. Information which, at the time of disclosure hereunder, is in the
public domain;
2. Information which, after disclosure hereunder, enters the public
domain, except where such entry is the result of Contractor's or any
entity within Contractor's control breach of this Agreement;
3. Information which, prior to disclosure hereunder, was already in
Contractor's possession without limitation regarding disclosure to
others; or
4. Information which, subsequent to disclosure hereunder, is obtained
by Contractor from a third party who is lawfully in possession of
such information and not subject to a contractual or fiduciary
relationship to City with respect to said information and who does
not require Contractor to agree to refrain from disclosing such
information to others.
"Subcontractor" shall mean any first or lower -tier subcontractor and its
employees, representatives, agents, subcontractors or other personnel
who have been approved in the manner required by this Agreement.
J. "Work" or "Services" shall mean the work performed by Contractor and
required to be performed from time to time by City under this Agreement.
Page 3 of 19
SECTION 3. SERVICES TO BE PERFORMED BY
CONTRACTOR
Specific Services
3.01 Contractor's Services shall include, but will not be limited to, providing special
inspection and testing services of various construction components of Fire
Station-No. 2, including masonry construction, welding, soils compaction and
concrete placement. The Contractor's Services are more specifically detailed in
the Proposal attached hereto as Exhibit "A" and incorporated herein by this
reference.
Change of Services
3.02. City may at any time, by written change order executed by the City Administrator,
make changes only to extend the Work duration and total compensation of
Contractor's Work. Changes in the scope of Work, or duties and obligations,
shall be authorized only by the City.
3.03. City may make "Changes" by increasing, reducing or deviating from the
requirements of the scope of Work. A form of Change Order is set forth in
Exhibit B attached hereto and incorporated by reference.
Timing of Services
3.04. Contractor's Services shall commence upon the execution of this Agreement by
both parties and award by the City Council and shall end at such time as the
Contractor completes the special inspection and testing services of various
construction components of Fire Station No. 2, including masonry construction,
welding, soils compaction and concrete placement, unless this Agreement is
otherwise terminated according to Section 6 of this Agreement or extended
according to the conditions and terms set forth in this Agreement.
3.05. Time is of the essence for all Work contemplated by this Agreement. Contractor
shall start performing Services under this Agreement only after notification by the
City.
Method of Performing Services
3.06. Contractor will determine and is responsible for the method, details, and means
of performing the above - described Services.
Page 4 of 19
Status of Contractor
3.07. Contractor enters into this Agreement, and will remain throughout the term of this
Agreement, as an independent contractor. Contractor agrees that it is not and
will not become an employee, partner, agent, or principal of City while this
Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits
afforded to City's employees, including disability or unemployment insurance,
workers' compensation, medical insurance, sick leave, or any other employment
benefit. Contractor is responsible for providing, at its own expense, disability,
unemployment, and other insurance, worker's compensation, training, permits,
and licenses for itself and for its employees and subcontractors. Contractor shall
have complete and sole control over its employees, the details of the Services
and methods by which the Services are accomplished, it being understood that
City is interested only in the results to be obtained by Contractor.
3.08. Contractor has no authority to enter contracts or agreements on behalf of City.
This Agreement does not create a partnership or joint venture between the
parties.
Payment of Taxes
3.09. Contractor is responsible for paying when due all income taxes, including
estimated taxes, incurred as a result of the compensation paid by City to the
Contractor for Services under this Agreement. Contractor agrees to indemnify
City for any claims, costs, losses, fees, penalties, interest, or damages suffered
by City resulting from Contractor's failure to comply with this provision.
3.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid
by City on behalf of Contractor or for the employees of the Contractor.
Contractor shall not be treated as an employee with respect to the Services
performed hereunder for federal or state tax purposes. Contractor shall be
responsible to pay taxes mandated by law.
3.11. Since Contractor is not an employee of City, Contractor is not eligible for and
shall not participate in any employee benefit of City, including pension, health or
other fringe benefits.
Page 5of19
SECTION 4. COMPENSATION
4.01. In consideration for the Services to be performed by Contractor, described in
Section 3 of this Agreement, City agrees to pay Contractor the amounts specified
in the Contractor's proposal, which includes the Contractor's Standard Fee
Schedule dated February 1, 2004, (the "Contract Price "). The Contract Price
shall not exceed Forty Nine Thousand Eight Hundred Eighty One and no /100
Dollars ($49,881.00).
Entire Compensation
4.02. The Contract Price is full and complete compensation, and constitutes the entire
compensation due Contractor for the Services and any and all of Contractor's
obligations hereunder. The Contract Price set forth above is not subject to
escalation for any reason except as expressly set forth in this Agreement. No
adjustments in compensation shall be made as a result of changes in the value
of any currency. The Contract Price shall only be adjusted by formal, written
Change Order or amendment to this Agreement.
Payment of Compensation
4.03. For Services rendered under Section 3 of this Agreement, Contractor shall be
entitled to receive monthly payments. Contractor shall submit to City a monthly
invoice and statement of Services, prepared in accordance with City
requirements, by the fifteenth (15th) of each month, for the prior calendar month's
completed Work. City will make payments to Contractor within thirty (30) days
after acceptance and approval of the invoice received from Contractor.
4.04. Contractor shall be responsible for paying any subcontractors used in the
performance of this Agreement. Subcontractors shall not bill the City directly.
Expenses
4.05. City shall not be liable to Contractor for any expenses paid or incurred by
Contractor. Expenses may only be billed if advance written approval has been
obtained from the City Administrator.
Compensation for Changes
4.06. The compensation due Contractor, or the credit due City, for changes may not be
established verbally, and shall be established in a written change order signed by
City as described in Sections 3.03 and 3.04 of this Agreement. Compensation
adjustments in each such change order shall be established by one or more of
Page 6of19
the following bases, as determined by City: (a) a lump sum price to be negotiated
between the parties; or (b) Work unit rates to be negotiated between the parties.
Once established, the amount of the compensation due Contractor or credit due
City for a change shall not be subject to adjustment for any reason, including
changes in the value of any currency.
SECTION 5. OBLIGATIONS OF THE PARTIES
5.01. Contractor is responsible for meeting all conditions of this Agreement and City
Standards & Details for all Work performed. Substandard Work, as determined
solely by the City, shall be redone at the expense of the Contractor.
Products of Consulting
5.02. All products of consulting services including, but not limited to, manuals,
documents and /or computer software, shall become the property of the City and
shall be delivered to the City before the end of the performance of this
Agreement. Basic notes and sketches, charts, computations and other data shall
be made available to City without restriction or limitation on their use.
Liability Insurance
5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any
Work and for the duration of this Agreement, obtain and maintain at its own
expense, those minimum levels of insurance coverage as set forth below. Prior
to commencing Work hereunder, Contractor shall provide the City with proof of
insurance providing and maintaining the coverages and endorsements set forth
below. Said proof of insurance shall also provide that said policy or policies shall
not be canceled or materially reduced in coverage without giving at least thirty
(30) days prior written notice to the City.
5.04. The insurance coverage as listed herein, shall be properly endorsed to include
those contractual obligations which may be identified further within this
Agreement and shall be endorsed to provide City all the rights and privileges of
an additional insured.
5.05. Contractor shall cause its insurers to issue, including but not limited to,
Certificates of Insurance or, upon request, certified copies of the insurance
policies evidencing that the coverages and policy endorsements required under
this Agreement, are maintained in force.
Page 7of19
5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance
requirements as specified in this Agreement and are endorsed as additional
insured(s) on all required Contractor insurance coverages. Contractor and its
subcontractor(s), if any, shall maintain in effect the following minimum insurance
coverages on an Occurrence Form Policy:
1. Workers Compensation within the statutory limits, including occupational
illness or disease coverage in accordance with the laws of the rfation,
state, territory, or province exercising jurisdiction over Contractor's
employees. Workers Compensation and Employers Liability Insurance
shall have a minimum limit of $1,000,000 per occurrence. Contractor
further agrees to hold harmless and indemnify City for any and all claims
arising out of an injury, disability, or death of any of Contractor's
employees or agents.
2. Comprehensive General Liability Insurance, including, but not limited to,
Contractual Liability, Products and Completed Operations Liability, Broad
Form Property Damage and Bodily Injury Liability, and Explosion,
Collapse and Underground Liability, with a minimum combined single limit
of $2,000,000 per occurrence.
3. Comprehensive Automobile Insurance, including, but not limited to, all
owned, non -owned or hired vehicles with a minimum combined single limit
of $1,000,000 per occurrence for bodily injury and property damage.
4. Excess Liability Insurance with limits of $2,000,000. Such evidence of
insurance can either be through the primary insurance coverages or
through an excess policy. Such insurance shall at all times be on an
occurrence form and provide policy conditions as broad as those required
in the primary insurance.
5. Professional Liability Insurance with limits of $2,000,000.
5.07. Contractor agrees to provide insurance in the amounts and forms specified
above. Contractor shall submit to the City documentation indicating compliance
with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Agreement. Contractor shall not commence
performance of its Work under this Agreement until the above insurance has
been obtained and proof of insurance has been filed with and approved by the
City.
Page 8 of 19
5.08. Contractor shall not permit a subcontractor or vendor to perform work on City
premises unless and until a certificate of insurance is obtained showing that such
subcontractor or vendor has worker's compensation coverage. If Contractor
employs subcontractors as part of the Services rendered, Contractor's protective
coverage is required. Contractor may include all subcontractors as insureds
under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth above.
Representations
5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and
hold harmless City and its elected officials, officers, agents and employees from
all claims, suits, actions, demands, damages, liabilities, expenses, judgments,
settlements, and penalties, losses, fines, and all costs and expenses incurred in
connection therewith, including reasonable attorney's fees and all costs of
defense, arising out of or attributable to the negligent or wrongful acts of
Contractor or its employees or agents under this Agreement, except to the extent
arising from or caused by the sole negligence or willful misconduct of the City, its
officers, agents or employees. The terms of this indemnity shall survive the
termination of this Agreement. The obligations in this Paragraph are in addition
to Contractor's duty to provide insurance and shall not be limited by any limitation
on the amount or type of insurance coverage carried by Contractor.
5.10. Contractor and City represent that each has read and understands the
Agreement and Contract Documents. The Contractor represents it understands
the City's regulations concerning Premises access, badges, parking, security,
safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that
Contractor has visited Premises where the Work is to be done and is familiar with
the local conditions under which it is to be done. Contractor also represents that
it is experienced in performing and competent and qualified to perform the kind of
tasks or assignments included in the Work and employs or has available for
employment in sufficient numbers all unskilled, skilled, administrative,
supervisory, professional and managerial or other personnel required to perform
the Work as required by this Agreement.
5.11. Contractor represents that it has the qualifications and skills necessary to
perform the Services under this Agreement in a competent, professional manner,
without the advice or direction of City. This means Contractor is able to fulfill the
requirements of this Agreement. Failure to perform all the Services required
under this Agreement constitutes a material breach of the Agreement.
Contractor has complete and sole discretion for the manner in which the Work
under this Agreement will be performed.
Page 9of19
5.12. Contractor declares and states that is has complied with and will continue to
comply with all federal, state and local laws regarding business permits and
licenses that may be required to carry out the Services to be performed under
this Agreement.
5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all
claims, demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries and deficiencies, including interest, penalties, attorney's fees and
costs, that City may incur as a result of a breach by Contractor of any
representation or provision contained in this Agreement or any negligent or
intentional acts or omissions by Contractor, it subcontractors, agents, and
employees or based on any claim that any software program or other product
used or furnished by Contractor in the performance of this Agreement constitutes
an infringement of any United States patent or copyright.
5.14. Contractor's rights under this Agreement may not be assigned nor may its duties
be delegated or subcontracted without the prior written consent of City. Any
assignment or delegation or subcontract in violation of this Section shall, at City's
sole discretion, be void. Consent by City shall not relieve Contractor of
responsibility for performance of Contractor's obligations hereunder. City may
assign all or any part of this Agreement at any time effective immediately upon
written notification to Contractor.
5.15. At all times while Work is being performed on the Premises each party shall be
represented thereon by a designated representative. Each party may notify the
other in writing of the identity of such persons from time to time.
Work Injury
5.16. The treatment and care of injuries sustained by Contractor's employees,
subcontractors, representatives or other personnel shall be and remain the
responsibility of Contractor. City's first aid facilities, if any, however, will be made
available to Contractor's employees in emergency cases which are the direct
result of accidents occurring on the Premises. City shall incur no liability for, and
Contractor hereby agrees to indemnify City against, any causes of action, claim,
liability or costs, including attorney's fees, arising in whole or part out of the
furnishing of such first aid facilities or assistance to Contractor's employees,
subcontractors, representatives or other personnel, or out of the failure to furnish
such facilities or assistance.
Page 10 of 19
Records, Inspection and Audit
5.17. During the course of Work being performed, Contractor and any of its
subcontractors, shall maintain and retain, not less than three (3) years after
completion thereof, complete and accurate records of the Contractor's costs
which are chargeable to the City under this Agreement. City or its designated,
authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records
to be maintained and retained by the Contractor shall include: (a) payroll record
accounting for the total time distribution of the Contractor's employees working
full or part time on the Work (to permit tracing to payroll payments in cash); (b)
invoices for purchases, receiving and issuing documents, and all the other unit -
inventory records for the Contractor's stores, stock or capital items; (c) paid
invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems
necessary to support costs and charges under this Agreement.
Corporate Conduct
5.18. Contractor, its employees, agents or representatives shall not offer or give to an
officer, official or employee of City gifts, entertainment, payments, loans or other
gratuities to influence the award of a contract or obtain favorable treatment under
this Agreement or any other contract.
Standard of Care
5.19. Contractor agrees that all Services provided will be conducted by the principal
and competent staff members, if any, under the supervision of the principal, and
that Services will be performed and rendered diligently. Contractor represents
that it has, or shall secure, at its own expense, all personnel required to perform
Contractor's Services under this Agreement, but at all times shall be responsible
for the Services of such personnel. Contractor may not employ any
subcontractor without the prior written approval of the City.
Indemnity Process
5.20. The City shall notify Contractor in writing of any suits, claims or demands
covered by any indemnity contained in this Agreement. Promptly after receipt of
such notice, Contractor shall assume the defense of such claim with counsel
reasonably satisfactory to City. If Contractor fails, within a reasonable time after
receipt of such notice, to assume the defense with counsel reasonably
satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect
conflict of interest exists between the parties with respect to the claim, or if in the
Page 11 of 19
sole judgment of City the assumption and conduct of the defense by Contractor
would materially and adversely affect City in any manner or prejudice its ability to
conduct a successful defense, then the City shall have the right to undertake the
defense, compromise and settlement of such claim for the account and at the
expense of Contractor. Notwithstanding the above, if the City in its sole
discretion so elects, City may also participate in the defense of such actions by
employing counsel at its expense, without waiving the Contractor's obligations to
indemnify or defend. Contractor shall not settle or compromise any claim or
consent to the entry of any judgment without the prior written consent of the City
and without an unconditional release of all liability by each claimant or plaintiff to
the City.
Treatment of Confidential and Proprietary Information
5.21. For ten (10) years after the effective date of this Agreement, Contractor shall
refrain from using any Confidential or Proprietary Information except in
connection with the Work or from disclosing it to any third party other than to
employees of Contractor who require it in performance of the Work and except to
such other third persons as City may authorize in writing. If disclosure to such an
employee or to other third persons is so authorized, Contractor shall enter into
with said party a confidentiality agreement containing provisions with respect to
use and disclosure of Proprietary Information substantially the same as those
contained in this Agreement.
5.22. Contractor shall take reasonable precautions to safeguard any documents
containing Proprietary Information which City may supply to Contractor
hereunder. Contractor may copy, in whole or part, such documents to the extent
necessary for the performance of the Work, and Contractor shall return to City
upon the completion of the Work or request by City all such documents and
copies.
5.23. Except as expressly permitted by prior written consent of the City, Contractor
and /or its subcontractors shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any part of such
Confidential Information to any other person or entity. Contractor and /or its
subcontractors shall return any written Confidential Information and all copies
made of such items to the City upon the City's written request, but in any event
not later than the date that Contractor has performed all Work to be performed
pursuant to this Agreement. Contractor hereby agrees that such Confidential
Information and any documents provided may be used by Contractor and /or its
subcontractors only as authorized by the City. Contractor shall include a
provision in its agreements with subcontractors that binds the subcontractors to
this non - disclosure requirement.
Page 12 of 19
5.24. All reports, plans, data, studies, maps, drawings, models, photographs,
documents and other writings prepared by and for Contractor, its officers,
employees, agents and subcontractors in the course of implementing this
Agreement, with the exception of working notes, internal documents and
Confidential Information provided by businesses located in City, shall be
considered the property of City. Contractor shall deliver such documents and
materials to the City as they are generated; however, Contractor may take and
retain copies of said documents and materials that are not Confidential
Information, as desired.
5.25. All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its Services pursuant to this Agreement
are confidential until released by the City to the public and Contractor agrees that
such documents shall not be available to any individual or organization without
the written consent of the City prior to such release.
5.26. No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of
Contractor.
Compliance with Authority
5.27. Contractor shall comply with all laws, regulations, executive orders and other
applicable requirements of any governmental agencies having jurisdiction
including the Fair labor Standards Act, the Occupational Safety and Health Act
and all those relating in any way to employment practices and protection of the
environment. Contractor shall not discriminate against any employee or any
applicant for employment for reasons of race, color, creed, religion, sex, sexual
preference, age or national origin.
5.28. Contractor shall make timely payment of all employment taxes and of all social
security and other contributions of every kind required to be made with respect to
or measured by the wages and salaries of persons employed by Contractor.
5.29. Contractor shall indemnify City against, and hold City harmless from, any liability
or loss including liability or loss from fines or penalties arising out of Contractor's
failure to perform the obligations imposed upon it by Sections 5.28 and 5.29 of
the Agreement.
Page 13 of 19
Progress Reports
5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order
to provide reports or information concerning the Services being performed by
Contractor under this Agreement.
Contractor's License Classification
5.31. Contractor shall possess all appropriate licenses for the duration of this
Agreement.
SECTION 6. TERMINATION OF AGREEMENT
6.01. Unless otherwise terminated as provided in this Section, this Agreement will
continue in effect until such time as the Contractor completes the special
inspection and testing services of various construction components of Fire
Station No. 2, including masonry construction, welding, soils compaction and
concrete placement, unless otherwise extended according to the terms and
conditions set forth in this Agreement.
Non - Default Termination
6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days
written notice to Contractor and such termination shall be effective in the manner
specified in such notice and shall be without prejudice to any claim that either
party may have against the other. During the thirty (30) day period after such
notice is sent, the parties shall continue to act toward each other in good faith.
6.03. In the event of any such termination, in full and complete settlement for the
termination of the Work, City shall pay Contractor for those Services performed
prior to the date of delivery of the termination notice, plus compensation for (i)
necessary Work performed during the notice period and authorized in the
termination notice, and (ii) all costs reasonably and necessarily incurred by
Contractor directly attributable to termination which could not reasonably have
been avoided and for which Contractor is not otherwise compensated that are
incurred through the date of termination and effectuating the termination
( "Termination Expenses "). Termination Expenses shall not include lost profits,
lost opportunities, consequential damages, or the like. In no event shall total
payment exceed the Contract Price.
Page 14 of 19
Termination on Occurrence of Stated Events
6.04. This Agreement will terminate automatically on the occurrence of any of the
following events:
A. Bankruptcy or insolvency of either party; or
B. Sale of the Contractor; or
C. Assignment of this Agreement by Contractor without City's written
consent.
Termination for Default
6.05. If Contractor defaults in the performance of this Agreement or materially
breaches any of its provisions, City may immediately terminate this Agreement
by giving written notification to Contractor indicating the effective date of such
termination. Termination will take effect immediately upon the date specified in
the notification. For the purposes of this paragraph, material breach of this
Agreement includes, but is not limited to, the following:
A. Contractor's failure to perform, in a manner satisfactory to the City
in its sole discretion, the Services specified in Section 3 of this
Agreement; or
B. Contractor's material breach of any obligation or provision
contained in Section 5 of this Agreement.
6.06. The waiver by either party of a breach or default by the other party shall not be
deemed a waiver of any different or later breach; nor shall any delay or omission
by either party to exercise any right it may have hereunder operate as a waiver of
any breach or default of such a right. The failure of either party to this
Agreement to exercise any of its rights under this Agreement does not constitute
a breach thereof and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach.
6.07. In the event of any termination of this Agreement or reduction in the scope of the
Work, Contractor shall not be entitled to damages for loss of profits for the
unexecuted portion of the Work or any other damages because of such
termination or reduction.
Page 15 of 19
SECTION 7. GENERAL PROVISIONS
Notices
7.01. All notices, approvals, consents and other communications between the parties
shall be in writing, and shall be sent by fax or by certified mail (return receipt
requested) to the respective addresses set forth below, or at such other address
as maybe furnished by either party to the other in writing. Faxed notices,
confirmed by copy thereof, shall be deemed communicated as of the day the
facsimile was sent. Mailed notices will be deemed communicated as of the day
of receipt or the third
(3rd) day after mailing, whichever occurs first.
Contractor — MTGL, Inc.
Attn: Steven Koch,
Senior Vice President
2992 E. La Palma Avenue, Ste. A
Anaheim, CA 92806
Fax: 714- 632 -2974
City - City of Vernon
Attn: Bruce V. Malkenhorst,
City Administrator /City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Fax: 323- 826 -1438
Telephone: 714 - 632 -2999 Telephone: 323- 583 -8811 ext 260
Entire Agreement of the Parties
7.02. This Agreement supercedes any and all agreements, either oral or written,
between the parties with respect to the rendering of Services by Contractor for
City and contains all of the representations, covenants, and agreements between
the parties with respect to the subject matter of this Agreement and the rendering
of those Services. Each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, which are
not contained in this Agreement, and that no other agreement, statement, or
promise not contained in this Agreement or a subsequent amendment or change
order shall be valid or binding. No amendment or change in the provisions of this
Agreement shall be made, except in a formal written amendment signed by
Contractor and an authorized representative of the City, or in a written change
order. Contractor expressly waives all claims for compensation based upon
quantum merit, implied contract or oral contract. Each party represents and
warrants that it has read and fully familiarized itself with this Agreement, and that
such party has been fully authorized to sign this Agreement.
Page 16 of 19
7.03. This Agreement shall be comprised of these included provisions, together with
Exhibits A and B, which are all attached. In the event of conflict between this
Agreement and any of the exhibits, including the Proposal, this Agreement shall
prevail.
Partial Invalidity
7.04. If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will continue in full
force and effect without being impaired or invalidated in any way.
Law and Arbitration
7.05. All disputes arising out of or related to this Agreement, the conduct of either party
in connection with this Agreement, and the relationship and rights of the parties
in connection with this Agreement, whether characterized as breach of contract,
tort, or otherwise (except for those requesting injunctive relief) shall be
determined by binding arbitration in accordance with the terms of this Section.
The submittal of all matters to arbitration in accordance with the terms of this
Section is the sole and exclusive method, means and procedure to resolve any
and all claims, disputes or disagreements arising under this Agreement, except
for claims by either party which seek injunctive relief, which claims shall be
resolved by suit filed in the Superior Court of Los Angeles County, California, the
decision of which court shall be subject to appeal pursuant to applicable law.
The parties hereby irrevocably waive any and all rights to the contrary and shall
at all times conduct themselves in accordance with the terms of this Section,
relying on arbitration as the sole means of resolution of disputes. Arbitration of
all matters required to be arbitrated hereunder shall take place before a panel of
three retired judges of the Superior Court of the State of California (the
"Arbitrators ") under the auspices of Judicial Arbitration & Mediation Services, Inc.
( "JAMS "). Such arbitration shall be initiated by the parties, or either of them,
within ten (10) calendar days after either party sends notice of a demand to
arbitrate (the "Arbitration Notice ") to the other party and to JAMS. The Arbitration
Notice shall contain a description of the subject matter of the arbitration, the
dispute with respect thereto, the amount involved, if any, and the remedy or
determination sought. Each party shall select a retired judge from the JAMS
panel, and the two selected judges shall mutually agree on the third retired judge
from the JAMS panel. If one of the parties does not select a retired judge from
the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration
Notice, JAMS will select the second judge, and the judge selected by JAMS and
the judge selected by the other party will select the third judge for the panel. The
third judge is to be selected within ten (10) calendar days following the selection
of the first two judges. The three judges will together serve as the Arbitrators.
Page 17 of 19
The arbitration shall be conducted in Los Angeles, California. Any party may be
represented by counsel and /or other authorized representative. In rendering a
decision(s), the Arbitrators shall determine the rights and obligations of the
parties according to the substantive and procedural laws of the State of California
and the terms of this Agreement. The decision of the Arbitrators shall be based
on the evidence introduced at the hearing and accompanied by a written
statement of decision as to each of the principal controverted issues. The
agreement of two of the three Arbitrators as to the resolution of the dispute shall
be a conclusive resolution. The Arbitrators shall deliver the written decision to
the parties within thirty (30) calendar days following the date of the selection of
the last of the Arbitrators. The decision shall be conclusive and binding, and it
may thereafter be confirmed as a judgment by the Superior Court of the State of
California, subject only to challenge on the grounds set forth in the California
Code of Civil Procedure Section 1286.2. The validity and enforceability of the
decision of the Arbitrators is to be determined exclusively by the California
courts.
Attorney's Fees
7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys' fees
and actual costs, which may be set by the arbitrators or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
7.07. Neither party shall be considered in default in any of its obligations under this
Agreement when a failure of performance shall be due to an uncontrollable force.
The term "uncontrollable force" shall mean any cause beyond the control of the
party affected, including, but not restricted to, flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or
municipal action, statute, ordinance, or regulation, embargoes of the United
States Government or any other government, which by exercise of due diligence
such party could not reasonably have been expected to avoid and by exercise of
due diligence has been unable to overcome. Either party rendered unable to
fulfill any of its obligations under this Agreement by reason of an uncontrollable
force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all
reasonable dispatch.
7.08. Except as may otherwise be specifically provided herein, this Agreement may be
modified or amended only by a written document executed by both Contractor
and the City and approved as to form by the City Attorney.
Page 18 of 19
7.09. The captions used in this Agreement are for convenience only and shall in no
way define, limit or describe the scope or intent of the Agreement or any part
thereof.
7.10. City reserves the right to award similar contracts to multiple contractors to ensure
the City has adequate services.
IN WITNESS WHEREOF, the parties have executed the Agreement on the dates
shown below.
Executed at
City:
City of Vernon
, California, on
Date:
ATTE
Bruce V. Malkenhorst, Jr.,
Acting City Clerk
Contractor:
MTGL, Inc.
Signature
Print Name
Title
Date
Signature
Print Name
Title
Date
APPROVED AS TO FORM:
Eric T. resch,'Cit At r
Y
Page 19 of 19
Office Locations
Orange County
Los Angeles
Corporate Branch:
2992 E. La Palma Avenue
Suite A
Anaheim, CA 92806
Tel: 714.632.2999
Fax: 714.632.2974
San Diego
Imperial County
7313 Carroll Road
Suite G
San Diego, CA 92121
Tel: 858.537.3999
Fax: 858.537.3990
Inland Empire
14320 Elsworth Street
Suite C101
Moreno Valley, CA 92553
Tel: 909.653.4999
Fax: 909.653.4666
Central Dispatch
800.491.2990
www.mtglinc.com
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
Geotechnical Engine in.g
Construction inspection
Materials Testing
April 21, 2005
SDP-5-143.R
(323) 826 -1435
Attention: Mr.Pepe Reynoso
RE: PROPOSAL FOR TESTING AND INSPECTION
Vernon Fire Station # 2 Replacement and Public Works Center Remodel
4301 Santa Fe - Vernon, Ca
Enclosed please find our proposal, and Standard Fee Schedule dated February 1, 2004. The rates
set forth in the attached schedule have been discounted as detailed in the proposal.
We have reviewed the plans and specifications and it is understood that the proposed project
consists of a 9,251 Sq. Ft. Fire Station with Locker / Shower Room Add. S.I.C. 016, 039, 097,106
Our estimated fees of $ 49,881.00, have been based on the soil report, plans, specifications, and
the minimum requirements of the structural program.
The estimated breakdown of hours has been detailed for budget purposes. Services will be billed
on a time and material basis as required, and scheduled by the superintendent.
Time and Material rates are inclusive of all overhead charges, including supervision and report
distribution.
Estimates shown are based on work performed eight hours per day, Monday through Friday.
Should our fu in be selected for this, we will review the construction schedule for a revision of time
frames if requested.
All invoicing would be in accordance with the Basis of Charges in our Schedule of Fees. These
prices will remain in effect for 90days from the date of this proposal.
The opportunity of submitting this proposal is sincerely appreciated. If it meets with your
approval, please indicate your acceptance by signing and returning the enclosed copy.
We look forward to working with you on this project.
Sincerely,
CLIENT:
MTGL, Inc. � BY:
TITLE:
teven Koch DATE:
Senior Vice President
Encl.: Schedule of Fees dated February 1, 2004
MBE WBE Certification, Project Approach
SPECIAL INSPECTION
CONCRETE / REINFORCING STEEL / MASONRY, STRUCTURAL STEEL
H. S. BOLTING / ANCHOR PULL TESTING AND INSPECTION
80 Hours Concrete Inspection- Foundations $ 48.00 hour $ 3,840.00
50 Hours Concrete Inspection- Slab, Deck $ 48.00 hour $ 2,400.00
80 Hours Concrete Tech. - Concrete Compression, + Air Tests $ 48.00 hour $ 3,840.00
300 Hours Masonry Inspection $ 48.00 hour $ 14,400.00
100 Hours Structural Steel Inspection $ 48.00 hour $ 4,800.00
100 Hours Structural Steel Fabrication Inspection $ 48.00 hour $ 4,800.00
3 Each Mix Design Review $ 125.00 each $ 375.00
6 Hours Core Drilling $ 130.00 hour $ -- 780.00
10 Sets Reinforcing Steel Tensile / Bend Tests $ 60.00 set $ 600.00
3 Sets Masonry Block Absorption, Compression, Shrinkage $ 300.00 set $ 900.00
6 Each Concrete Flexural Strength Beams $ 50.00 each $ 300.00
96 Hours Batch Plant Inspection $ 48.00 hour $ 4,608.00
16 Hours Reinforcing Steel Sampling Technician $ 58.00 hour $ 928.00
42 Each Mortar / Grout Compression Test $ 20.00 Each $ 840.00
9 Each Grouted Masonry Prism Compression Test $ 100.00 Each $ 900.00
1 Each Project Set Up/Plan Review $ 250.00 each $ 250.00
72 Each Concrete Compression Tests (inc. P /u) $ 20.00 each $ 1,440.00
12 Hours Engineers Compliance Reports $ 90,00 hour $ 1,080.00
Subtotal $ 47,081.00
GLUE -LAM INSPECTION
Outside Service - Out of Area Cost + 20% $ 1,800.00
ADMINISTRATION
2 Each Final Affidavit
$ 500.00 $ 1,000.00
TOTAL $ 49,881.00
ALTERNATE
SOIL / ASPHALT TESTING AND INSPECTION
60 Hours Soils Technician - Grading $ 48.00 hour $ 2,880.00
140 Hours Soils Technician - Utilities $ 48.00 hour $ 6,720.00
12 Hours Soils Technician -Wall Backfill $ 48.00 hour $ 576.00
9 Hours Staff Engineer - Foundations $ 90.00 hour $ 810.00
1 Each Soils Report Review and Acceptance $ 500.00 each $ 500.00
30 Days Nuclear Density Gauge/Mobil Field Lab $ 40.00 day $ 1,200.00
2 Each Maximum Density $ 140.00 each $ 280.00
2 Each R -Value Test $ 140.00 each $ 480.00
2 Each Expansion Index $ 90.00 each $ 180.00
8 Hours Registered Eng. -Final Report / AC Pavement Design $ 120.00 each $ 960.00
Alternate Total $ 14,586.00
Services quoted are inclusive of Geotechnical Engineer Change of Record, and required compaction testing
as required by the Geotechnical Report prepared by Earth Tech dated June 11,2003.
Office Locations
Orange County
Los Angeles
Corporate Branch:
2992 E. La Palma Avenue
Suite A
Anaheim, CA 92806
Tel: 714.632.2999
Fax: 714.632.2974
San Diego
Imperial County
7313 Carroll Road
Suite G
San Diego, CA 92121
Tel: 858.537.3999
Fax: 858.537.3990
Inland Empire
14320 Elsworth Street
Suite C101
Moreno Valley, CA 92553
Tel: 909.653.4999
Fax: 909.653.4666
Central Dispatch
800.491.2990
www.mtglinc.com
Geotechnical Engineering
Construction inspection
Materials Testing
Project Approach
Communication / Scheduling
A. Our communication for service will come from the superintendent on
the project who will determine the need for inspection as defined in the
plans and specifications. Steven Koch will be the in house project manager
with MTGL.
B. Our dispatch department will process the requests for the following
days service up to 12:00 PM the previous day. We also will cover any last
minuet calls with our first available personnel.
Response Time
Our office is situated in Anaheim at the 91 and 57 freeways. Our estimated
time to get to the project site is 30 -40 minuets
Service Hours
A. Normal inspection hours are 6:00 Am — 6 :00 Pm Monday — Friday.
B. Inspectors submitted are available to meet the needs of the clients
schedule including weekend and holidays.
Reporting
Reporting will be daily at the completion of the day with verified service
hours signed by the superintendent. The City of Vernon, Architect,
Structural Engineer, and General Contractor's project manager will be
mailed the reports within 7 working days of our service. We can and will fax
results when requested without an additional charge to the project.
Accounting
We will track budgets weekly and inform our client with any budgetary
issues.
AASHTO Materials Reference Laboratory
y." Home AASHTO Accreditation Laboratory Assessment Proficiency Testing
=fit
R18 Labs ISO Labs Fees Tests ISO /IEC 17025
N
d' in Ln
,-1
k 0 CO
0 0
I-- <0 7r. d'
N <0 � 0
N <0 0�
F- 0 N N 1--1
d- t- 0 N
Do
rya 0 0 '� o
l0 N dN' M N
Lo N 0 0 0
k0 M o 1-1 1 N U
N 0 U O O d..
1- M N 1--1 M l0
Ln O O M 0 0
I- ,-1
N • M 0 Li-) N U
IN- 0 Lo oNi N
01 VD <0 N O N I- • 0
N U
F- Ni m N d- M
0 N
N U 0 0
E- 1--1 CO N O co M
•., N N I- CO ON
U o N N U
0 0 N Fes- • 0 O`N
F- 0 U �N �M
Ok0 r+ I- • 0 ' d"
N 0 U NM 0▪ )�
Nado- HN L.
N o V U al
U M~ 0 C U
00 O L
U J �� t.n a) H NcON U D
C l 1-1 1-1 4 \ I— N .� C
'-4 X 0 0 �N ° c0 O C>,
c� �
L. 1— ' 1-
N L ,-1
1- •V 0N,-1 01� .0cON OM
E 2 Z H 0 < F- VI I- 0 0. U
Personnel Qualifications /Certifications Matrix
INSPECTORS 1
TECHNICIANS
ACI Tech I
Batch Plant
Pull- Torque
Soil
Nuke /Sand
Cone
Floor
Flatness
Roofing
Insp.
Caltrans Soil
Concrete
Concrete
Insp.
Masonry
Insp.
Post
Tension
Insp
Fire Proofing
Insp.
Structural
Steel
AWS CWI
ALLISON, P
Deputy Inspector
X
X
X
LYONS, William
Deputy Inspector
X
X
X
MADDOX, M
Deputy Inspector
X
X
MARCEL, A
Deputy Inspector
X
X
MARCELLINI, S
Deputy Inspector
X
X
MARTIN, Jarrod
Field Technician
X
X
X
X
McHENRY, D
Deputy Inspector
X
MELO, F
Staff Engineer
X
X
X
X
MELOW, Ryan
Field Technician
X
X
X
X
METZGER, Doug
Field Technician
MILLER, R
Deputy Inspector
X
X
MOUSER, J
Deputy Inspector
X
X
MOYER, W
Deputy Inspector
X
X
X
X
X
NACE, B
Deputy Inspector
X
X
X
NAING, M
Field Technician II
X
X
X
X
NAYLOR, S
Deputy Inspector
X
X
NEILL, D
Deputy Inspector
X
X
X
X
X
X
X
X
NISSEN, R
Deputy Inspector
X
X
PERRY, L
Deputy Inspector
X
X
PRICE, J
Deputy Inspector
X
X
X
PRICE, L
Deputy Inspector
X
RALLO, B
Deputy Inspector
X
X
X
X
X
RAMSEY, C
Deputy Inspector
X
X
X
RENTERIA, B
Deputy Inspector
X
X
SANDERS, M
Deputy Inspector
X
X
X
X
SCORZA, J
Deputy Inspector
X
X
X
X
X
SERRANTINO, J
Deputy Inspector
X
-
X
X
X
X
SHERMER,M
Deputy Inspector
X
X
X
SKULJAN, S
Deputy Inspector
X
_
SMITH, D
Deputy Inspector
X
X
SMITH, L
Deputy Inspector
X
X
X
SMITH, T
Deputy Inspector
X
X
STEVENS, R
Deputy Inspector
X
X
X
X
SULLIVAN, M
Deputy Inspector
X
SUNESON, G
Deputy Inspector
X
X
X
TAPIA, L
Field Technician
X
X
X
TAPIE, M
Deputy Inspector
X
TELEGHANI, F
Deputy Inspector
X
X
X
X
X
X
TIPPS, D
Field Technician III
X
X
X
X
X
X
TORSTENBO, N
Deputy Inspector
X
X
X
Business Structure : CORPORATION
N
o
v
a
e.
U
4) Q
Oa
04 0
2
.4 .5
Eeq
b e
E1
Vl 6l
b�A
F'
«f
0
A•
V 01
tN i.
o `0
cn
tw
cu
H
All Other Business Support Services
* Indicates primary NAICS code
March 2, 2004
CERTIFYING AGENCY:
j \//1. • 1 \ 1 iti 1111 N .-11.;;"2:41ntill.111 . .0,A kil It lir-i\l•-- . Al
1111 eth 4_,A))1, — +sfr UM:: ' 7- ... lite:. 1":3: • \ )''N'C' i 1 ! IVili‹.-
E. - - - i,i.gfi t til t In ' lei 7 ,lifi .
BOG• ,
6 -61� •
Eirpartmi nt of Butt ittj nub Oafrti
Qtrrtiftrate of Appruuat
TESTING AGENCY LICENSE NUMBER 10140
THIS CERTIFIES TIIAT MONTANA TESTING &GEOTECBNICAL LOCATED
AT _ _ 2992 E. LA PALMA AVE., A, ANAHEIM, CA. 92806
IS APPROVED BY THE DEPARTMENT OF BUILDING AND SAFETY UNDER
THE PROVISIONS OF SECTION 98.0503 OF THE LOS ANGELES
MUNICIPAL CODE AS A . TESTING AGENCY FOR CONCRETE, MASONRY, GROUT, MORTAR,
ANCJ-IDR BOLTS. REBAR. STEET,. AGGREGATE. ROOFING. SPRAYED FIRE
PROOFING AND SOILS,
DATE; JUNE 17, 1998 —= 1
JULY 1 .J 4_ ,..�rrAfA .•�..e _ -.0 .
ANNUAL RENEWAL, * • •1 '.r AGER
THIS CERTIFICATE 1S THE PROPERTY OF THE CITY OF LOS ANGELES
AND MAY EE REVOKED FOR ANY OF THE CAUSES SET FORTH IN ARTICLE 8, CHAPTER 8 OF LAMC, ,
8&S A -2415 R11.69
Corporate Office:
Orange County
Branch Offices:
Los Angeles /
Ventura
San Diego /
Imperial
Inland Empire
2992 E. La Palma Ave., Suite A, Anaheim, CA 92806
Tel: (714) 632 -2999 Fax: (714) 632 -2974
13010 San Fernando Road, Unit 1 Sylmar, CA 91342
Tel: (818) 833 -8100 Fax: (818) 833 -0085
7313 Carroll Road, Suite G, San Diego, CA 92121
Tel: (858) 537 -3999 Fax: (858) 537 -3990
14320 Elsworth St. Suite C101, Moreno Valley, CA 92553
Tel: (909) 653 -4999 Fax: (909) 653 -4666
SCHEDULE OF FEES
EFFECTIVE FEBRUARY 1, 2004
' MTGL, Inc. is a woman - owned, minority - business- enterprise. Our facilities have been structured and
professionally staffed to provide our clients with comprehensive services in the field of Construction
Inspection and Testing, Geotechnical Engineering, Engineering Geology, and Environmental Services.
GEOTECHNICAL ENGINEERING
CONSTRUCTION INSPECTION
ROOFING INSPECTION
ENGINEERING INVESTIGATIONS
PAVEMENT MANAGEMENT
CONSTRUCTION ENGINEERING
PHYSICAL TESTING
NON - DESTRUCTIVE EXAMINATION
RESEARCH
ENVIRONMENTAL / INDUSTRIAL HYGIENE
Planning and feasibility studies, preliminary and final
design, grading and foundation plan reviews, observation,
testing, verification and engineering consultation during
construction.
Field inspection by registered deputy inspectors.
Field inspection by qualified technicians.
Evaluation of existing and damaged structures.
Design, failure investigations, remedial measures.
Materials, specifications, quality assurance, expert
testimony.
Construction materials, structural systems.
Ultrasonic, magnetic particle, dye penetrant.
Product and process development, reliability testing.
Asbestos & lead -paint based consultation, project design,
monitoring & management, remediation planning
environmental site assessments, thermographic imaging,
indoor air quality testing, mold screening & consultation,
water intrusion & investigation.
Schedule of Fees Effective February 1, 2004
Page 2
CONSTRUCTION SERVICES
PROFESSIONAL SERVICES
Principal Engineer / Geologist $ 150.00 Per Hour
Registered Civil Engineer / Geologist $ 120.00 Per Hour
Staff Engineer / Geologist $ 90.00 Per Hour
Inspection / Laboratory Supervisor $ 90.00 Per Hour
Draftsperson $ 70.00 Per Hour
Word Processing $ 50.00 Per Hour
Review of files for processing affidavits
and certifications required by various
Governmental Agencies $ 90.00 Per Hour
Legal Consultation, Expert Witness and
Court Appearances.(Minimum 4 Hours) $ 250.00 Per Hour
ENVIRONMENTAL SERVICES
Certified Asbestos Consultant $ 85.00 Per Hour
Certified Asbestos Inspector $ 65.00 Per Hour
Certified Asbestos Project Manager $ 75.00 Per Hour
Certified Asbestos Project Designer $ 75.00 Per Hour
Certified Site Surveillance Technician $ 65.00 Per Hour
On -Site 582 Certified Microscopist $ 65.00 Per Hour
Certified Lead Inspector / Assessor $ 65.00 Per Hour
Certified Lead Project Monitor $ 65.00 Per Hour
Certified Industrial Hygienist $ 180.00 Per Hour
Environmental Site Assessrnent (Phase I) $ 95.00 Per Hour
Environmental Site Assessrnent (Phase II) $ 95.00 Per Hour
Industrial Hygienist $ 100.00 Per Hour
(Prices based on 2 Hour Minimum & Test Samples Additional)
PROJECT SERVICES
Pile Driving / Deep Foundation Inspection $ 75.00 Per Hour
Special Inspection $ 55.00 Per Hour
Roofing Technician $ 55.00 Per Hour
Batch Plant (Concrete or Asphalt) $ 55.00 Per Hour
Technician - Laboratory and Field $ 50.00 Per Hour
Soils /Asphalt Technician $ 55.00 Per Hour
Ultrasonic, Dye Penetrant, or Magnetic
Particle Inspection $ 65.00 Per Hour
Pachometer/ Schmidt Hammer /Elcometer/
Torque $ 65.00 Per Hour
Pull -Out Test on Embedded Bolts/
Anchors and Dowels $ 65.00 Per Hour
Concrete, Masonry, Asphalt Coring or Sawing $ 130.00 Per Hour
Floor Flatness / Levelness (Inc. Equipment) $ 750.00 Per Day
Emissivity $ 85.00 Per Hour
Ground Rod Test $ 85.00 Per Hour
EQUIPMENT
Pick -Up and Delivery - Miscellaneous $ 40.00 Per Hour
Skidmore - Wilhelm Bolt Cell $ 40.00 Per Day
Torque Wrench $ 15.00 Per Day
Air Meter $ 20.00 Per Day
Pachometer $ 50.00 Per Day
Schmidt Hammer $ 30.00 Per Day
Ultrasonic Equipment $ 40.00 Per Day
Magnetic Particle Equipment $ 50.00 Per Day
Dye Penetrant Equipment $ 30.00 Per Day
Jacking Assembly $ 25.00 Per Day
Nuclear Density Gauge $ 40.00 Per Day
Mobile Soils Laboratory $ 40.00 Per Day
Coring Equipment $ 50.00 Per Day
Emissivity Test Kit $ 40.00 Each
Ground Rod Equipment $ 40.00 Per Day
TESTING MACHINES
Testing Machine with Operator in Laboratory
0 - 60,000 Pound Machine (Universal) $ 125.00 Per Hour
300,000 Pound Machine (Universal) $ 175.00 Per Hour
05.07.2002
CONCRETE
STRENGTH CHARACTERISTICS
A.S.T.M.
C39 Concrete Cylinders (6" x 12 ")
W/ Mold $ 17.00 Each
C495 Lightweight Fill Concrete (3" x 6 ")$ 20.00 Each
C39 Concrete or Gunite Cores,
6" Maximum Diameter,
Including Trim $ 35.00 Each
C496 Splitting Tensile $ 50.00 Each
C78 6" x 6" Beams, Modulus
of Rupture $ 50.00 Each
Handling Charge, Cylinders
Not Broken /Hold $ 10.00 Each
Handling Charge, Beams
Not Broken /Hold $ 40.00 Each
C469 Modulus of Elasticity $ 75.00 Each
MIX DESIGN
A.S.T.M.
C192 Laboratory Trial Batch with Slump,
and 6 Cylinders /Prisms
Unit Weight, Air,
(Sampling Extra) $
Mix Design, Determination of
Proportions $
Review of Existing Mix Design $
MISCELLANEOUS TESTING
C567 Unit Weight of Hardened Light
Weight Concrete $
C684 Rapid Cure Concrete Cylinders
(Boil Method) $
C157 Drying Shrinkage (3 Bars - Four
Readings, up to 90 Days) $
C495 Lightweight Fill Concrete Density$
MASONRY
350.00 Each
150.00 Each
125.00 Each
40.00 Each
30.00 Each
200.00 Set
30.00 Each
STRENGTH CHARACTERISTICS
C780 Mortar Cylinders (2" x 4 ") w/ mold $ 17.00 Each
C109 Mortar Cubes (2" x 2 ") w/ mold$ 17.00 Each
C39 Grout Prisms (3" x 6 ") w/ mold $ 17.00 Each
Handling Charge, Mortar or
Prisms Not Broken /Hold $ 10.00 Each
C140 Block Compression
<_ 8" x 8" x 16" $ 35.00 Each
C140 Block Compression
>8 "x8 "x16" $ 45.00 Each
E447 Grouted Masonry Prism
Compression Test <_ 8" x 8" x 16 "$ 100.00 Each
E447 Grouted Masonry Prism
Compression Test > 8" x 8" x 16" Quotation
Handling Charge, Grouted Prisms
Not Broken /Hold $ 75.00 Each
BLOCK
A.S.T.M.
C140 Moisture Content and Absorption. $ 45.00 Each
C140 Measurements $ 25.00 Each
C67 Masonry Efflorescence $ 45.00 Each
C426 Linear Shrinkage
(CMA Method) $ 95.00 Each
Rapid Linear Shrinkage
(British Modified Method) $ 75.00 Each
C952 Bond Strength $ 50.00 Each
C39 Masonry Core - Compression $ 35.00 Each
Masonry Core - Shear $ 65.00 Each
Page 2
Schedule of Fees Effective February 1, 2004
BRICK
A.S.T.M.
C67 Compression $ 35.00 Each
C67 Modulus of Rupture $ 35.00 Each
C67 Absorption, Soak $ 25.00 Each
C67 Absorption, Boil $ 25.00 Each
C67 Absorption, Saturation Coefficient $ 35.00 Each
C67 Initial Rate of Absorption $ 35.00 Each
C67 Efflorescence $ 45.00 Each
C67 Efflorescence with Mortar $ 55.00 Each
STEEL
REINFORCEMENT
A.S.T.M.
A615 No. 11 Bar and Smaller $ 30.00 Each
No. 14, No. 18 Quotation
A615 Bend Test No. 11 Bar and
Smaller $ 25.00 Each
Processing Mill Certificates
(Per Size and Heat) $ 15.00 Each
STRUCTURAL STEEL
A.S.T.M.
A370 Tensile Strength
Up to 100,000 Ibs $ 40.00 Each
100,000 to 200,000 lbs $ 50.00 Each
Bend Test $ 30.00 Each
Pipe Flattening Test $ 30.00 Each
Bolt Tensile Test $ 35.00 Each
Bolt Proof Test $ 25.00 Each
Nut Proof Test $ 20.00 Each
Nelson Stud Tensile Test $ 35.00 Each
Machining and Preparation
of Samples $ 35.00 Each
Brinell & Rockwell Hardness
Test $ 35.00 Each
Processing Mill Certificates
(Per Size and Heat) $ 25.00 Each
PRESTRESS
A.S.T.M.
A416 Prestress Cable, 7 Wire
(Yield / Tensile) $ 150.00 Each
A416 Prestress Wire (Yield / Tensile) $ 140.00 Each
Sample Preparation $ 45.00 Per Hour
WELD PROCEDURE AND WELDER QUALIFICATIONS
Welder Certification (AWS) $ 55.00 Per Hour
STRUCTURAL STEEL COUPON
Weld Tensile Test $ 35.00 Each
Weld Bend Test $ 25.00 Each
Weld -Macro Etch $ 50.00 Each
Machining and Preparation
of Samples
FIREPROOFING
UBC 7 -6 Unit Weight
ROOFING
Unit Weight
UBC 15 -5 Tile (Breaking Strength/
Absorption) $ 60.00 Each
Mineral Shake - Flexural $ 35.00 Each
Mineral Shake - Absorption $ 25.00 Each
0507.2002
$ 35.00 Each
$ 35.00 Each
$ 55.00 Each
Page 3
SOIL AND AGGREGATE
CLASSIFICATION
A.S.T.M.
C136 Sieve Analysis ( > #4 Sieve) $ 40.00 Each
C136 Sieve Analysis ( < #4 Sieve) $ 40.00 Each
D422 Sieve Analysis ( < #4 Sieve,
Washed) $ 50.00 Each
D1140 #200 Wash $ 30.00 Each
D422 Sieve Analysis - Combined $ 60.00 Each
D422 Hydrometer with Sieve
Analysis $ 125.00 Each
D4318 Liquid and Plastic Limit - $ 90.00 Each
D2419
CAL TM 217 Sand Equivalent (Set of Three)$ 65.00 Set
CAL TM 217 Cleanness Value $ 230.00 Each
PHYSICAL CHARACTERISTICS
A.S.T.M.
C127 Specific Gravity and Absorption
(> #4 Sieve) $ 75.00 Each
C128/D854 Specific Gravity and Absorption
(< #4 Sieve) $ 65.00 Each
C127 Specific Gravity ( > #4 Sieve) $ 60.00 Each
C128/D854 Specific Gravity ( < #4 Sieve) $ 50.00 Each
D2216 Moisture Content $ 15.00 Each
D3080 Direct Shear Quick Undisturbed $ 100.00 Each
Direct Shear Slow Undisturbed Quotation
D3080 Direct Shear Quick Remolded $ 160.00 Each
Direct Shear Slow Remolded Quotation
D2166 Unconfined Compression $ 60.00 Each
D2435 Consolidation - Time Rate $ 275.00 Each
D2435 Consolidation - Without Time Rate$ 175.00 Each
UBC 18 -2 Expansion Index $ 90.00 Each
D2434 Permeability - Undisturbed $ 175.00 Each
D2434 Permeability - Remolded $ 225.00 Each
SUBGRADE SUPPORT QUALITY
A.S.T.M.
D1883
Bearing Ratio w/o M. D. Curve -
Per Point $ 80.00 Each
D2844
CAL TM 301 R -Value (3 Points) $ 190.00 Each
Lime, Cement or Bituminous Treatment available upon request.
DENSITY CHARACTERISTICS
A.S.T.M.
D2937 Moisture / Density (Ring)
D1557 -A,B Maximum Density
D1557 -C Maximum Density
D698 -A,B Maximum Density
D698 -C Maximum Density $
Check Point (Maximum Density)
C29 Unit Weight - Loose
C29 Unit Weight - Rodded
CAL TM 216 Maximum Density
$ 25.00 Each
$ 140.00 Each
$ 150.00 Each
$ 120.00 Each
130.00 Each
....$ 70.00 Each
$ 35.00 Each
$ 40.00 Each
$ 150.00 Each
CHEMICAL PROPERTIES
CAL TMs
532/643 Resistivity $ 75.00 Each
532/643 pH $ 45.00 Each
CAL TM 417 Sulphate $ 55.00 Each
CAL TM 422 Chloride $ 55.00 Each
Corrosivity Series $ 165.00 Each
Page 3
Schedule of Fees
AGGREGATE PROPERTIES
A.S.T.M.
C131 LA Abrasion $ 140.00 Each
C535 LA Abrasion $ 150.00 Each
C88 Soundness $ 275.00 Each
C40 Organic Impurities $ 40.00 Each
C142 Clay Lumps / Friable Particles $ 90.00 Each
C235 Soft Particles $ 75.00 Each
C123 Coal & Lignite $ 100.00 Each
CRD 119 Percent Elongation / Flats $ 145.00 Each
CAL TM 205 PercentCrushed $ 100.00 Each
CAL TM 229 Durability $ 150.00 Each
ASPHALT CONCRETE
GENERAL TESTING
A.S.T.M.
D2172 Bitumen Content $ 100.00 Each
D136, C117 Gradation of Extracted Sample $ 50.00 Each
D1188 Unit Weight - Molded Specimen
or Cores $ 50.00 Each
D2041 Theoretical Maximum Density $ 75.00 Each
D1561,
CAL TM 3D4 Compacted Maximum Density -
HVEEM $ 120.00 Each
D1559 Compacted Maximum Density -
MARSHALL $ 130.00 Each
D1664 Stripping $ 65.00 Each
MIX DESIGN / CONTROL
A.S.T.M.
D1560
CAL TM 336 Mix Design - HVEEM including
Aggregate Tests - Per Design ..$1,000.00Each
D1159 Mix Design - MARSHALL including
Aggregate Tests - Per Design ..$1,200.00Each
D1560
CAL TM 336 Field Mix - HVEEM - Stability
Per Point $ 150.00 Each
D1559 Field Mix - MARSHALL - Stability
Per Point $ 160.00 Each
MISCELLANEOUS
Specimen Pick -Up
Concrete /Mortar Cylinders and Grout
Prisms ($18.00 Minimum) $ 6.00 Each
Flexural Beams ($70.00 Minimum) $ 35.00 Each
Masonry Prism up to 8" x 8" x 16"
($70.00 Minimum) $ 35.00 Each
Masonry Prism, Larger than 8" x 8" x 16" Quotation
Gunite and Shotcrete Test Panels
($70.00 Minimum) $ 35.00 Each
Fireproofing Samples $ 35.00 Per Trip
Effective February 1, 2004
Page 4
BASIS OF CHARGES
1. A four hour minimum show -up charge will be incurred
for all scheduled field services not canceled before 4:00
p.m. of the preceding day. A minimum four hour charge
will be incurred for special deputy field services up to
four hours and a minimum of eight hours will be
incurred for special deputy field services in excess of
four hours per day. A minimum four hour charge will be
incurred for technician field services. A one -hour
minimum charge will be incurred for any office services.
2. An overtime premium of time and one -half will be
charged for any personnel services in excess of eight
hours per day, up to and including twelve hours per
day, and Saturday. Double time will be charged for
over twelve hours in any one day, Sunday and
Holidays. Holidays are New Years Day, Memorial Day,
July 4 , Labor Day, Veteran's Day, Thanksgiving Day
and the Friday after Thanksgiving Day, and Christmas
Day. High priority laboratory testing at the Client's
request which requires unscheduled overtime is subject
to a 50% increase from the standard rates.
3. Swing (2nd) and graveyard (3`d) shift will be charged at
regular rates plus 15% and 20% respectively.
4. Sampling, specification review, discussion, and report
preparation for field testing are charged at hourly rates.
A minimum charge of $100.00 will be made for
issuance of any engineering reports. Engineering
review time of all field reports is estimated to be 0.2
hours per report. The charge for weekly report
distribution is 1 hour per week.
5. There will be no charge for travel time and mileage
within a 50 mile radius of our nearest office for deputy
inspection only. For projects outside a 50 mile radius
and less than 100 miles, the mileage rate will be 50
cents per mile. Engineers, Consultants, Supervisors
and Technicians are charged portal to portal with
minimums from the nearest office to site of work and
return, unless otherwise noted.
6. Reimbursable expenses such as parking, air fare, car
rental, food and lodging will be charged at cost plus
20 %, unless provided. Subsistence on remote jobs by
quotation, unless provided.
7. Outside services performed by others and direct costs
expended on the Client's behalf are charged at cost
plus 20 %, unless otherwise noted.
8. Certified Payrolls will be supplied upon request at a cost
of $75.00 per pay period.
9. There will be a minimum project set -up fee of $250 for
obtaining plans, specifications, accounting /distribution
information and filing of preliminary liens. Invoicing is
performed on a monthly basis. Past due account will
accumulate interest charges at the rate of 1% per
month
10. Prices for tests not quoted or discounts for volume work
will be given upon request.
Prices subject to change without notice.
05.07.2002 Page 4
EXHIBIT B
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO: CONSULTANT
REQUESTED BY:
You are hereby directed to make the herein described changes from the original scope of work of this agreement.
c: Acting City Clerk/Purchasing /Project File /Consultant
Contract Amount (Base Bid)
$
Amount of This Change Order
$
Amount of Previous Change Orders
$
Total Change Orders
$
Modified Agreement Amount
$
By reason of this order the time of
completion will be adjusted as follows:
Approved: Date:
Acting City Clerk
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
c: Acting City Clerk/Purchasing /Project File /Consultant