Agreement with Construction Testing Services, Inc. Page 1 Rev. 07-01-18
EBIX Insurance No. S200004867
AGREEMENT FOR
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
CONSTRUCTION TESTING SERVICES, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and CONSTRUCTION TESTING SERVICES, INC., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
2. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Rates and Charges
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Agreement with Construction Testing Services, Inc. Page 2 Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
3. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin upon execution of the Agreement by the City and terminate on April 30, 2025.
4. SCOPE OF SERVICES & SERVICE ORDERS
Contractor shall perform those Services specified in Exhibit A on an as-needed basis pursuant to individual service orders (“Service Orders”) issued in accordance with the Terms and Conditions of this Agreement.
1. City will initiate each Service Order by specifying and describing the services and deliverables (collectively “Work”) requested, which the Contractor must respond to by providing proposals and estimates of the time limit(s) within which the Contractor must complete the Work, and the compensation for the Work. Exhibit A further describes the procedure for Service Orders.
2. The Contractor shall not perform any Work pursuant to a Service Order, and therefore will not be entitled to any compensation for any Work, until the City has approved and executed the service order for such Work (“Approved Service Order”).
3. Each Approved Service Order incorporates the Terms and Conditions of this Agreement.
4. The City has no obligation to approve, issue, or execute any Service Orders under this Agreement, nor does it have any obligation to pay Contractor for any Work absent an Approved Service Order. The City may issue any number of Approved Service Orders provided that the sum of the maximum compensation of all Approved Service Orders cannot exceed the Maximum Total Compensation defined in Section 7 below.
To the extent possible, the services to be provided under this Agreement shall be performed in the City of Santa Clara.
Agreement with Construction Testing Services, Inc. Page 3 Rev. 07-01-18
5. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
6. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
7. COMPENSATION AND PAYMENT
There is a maximum total compensation for this Agreement and a separate maximum compensation for each Approved Service Order.
A. Maximum Total Compensation – Agreement: The maximum total, aggregate compensation the City will pay the Contractor for all Approved Service Orders issued under this Agreement, subject to budget appropriations, shall not exceed One Hundred Five Thousand Dollars ($105,000) (“Maximum Total Compensation”). All work performed or materials provided in excess of the Total Maximum Compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the Total Maximum Compensation under any circumstance.
B. Maximum Compensation – Service Order: Each Approved Service Order will specify the maximum amount payable to the Contractor for all professional fees related to the Contractor providing the Work (“Maximum Service Order Compensation”). The Contractor shall fully complete all Work required by the Approved Service Order for no more than that Maximum Service Order Compensation. Exhibit B sets forth a schedule of the Contractor’s rates and charges (“Schedule of Rates and Charges”) that applies to any services provided in an Approved Service Order.
Agreement with Construction Testing Services, Inc. Page 4 Rev. 07-01-18
8. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
9. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
10. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
11. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, Agreement with Construction Testing Services, Inc. Page 5 Rev. 07-01-18
be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
13. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
14. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or Agreement with Construction Testing Services, Inc. Page 6 Rev. 07-01-18
persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
17. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
and
[email protected]
Agreement with Construction Testing Services, Inc. Page 7 Rev. 07-01-18
And to Contractor addressed as follows:
Patrick Greenan, President
Construction Testing Services, Inc.
2118 Rheem Drive, Pleasanton, CA 94588
and by email at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
19. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
20. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
21. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
22. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
Agreement with Construction Testing Services, Inc. Page 8 Rev. 07-01-18
23. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
24. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: Approved as to Form: ---- - --- --- ---
Office of the City Attorney
City of Santa Clara
"CITY"
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
CONSTRUCTION TESTING SERVICES, INC.
a California corporation
Dated: Z ~,,/z.2-
~ ;
By (Signature): 'G-"" ~ -------""--- = ---- --- ---Name: Patrick Greenan Title: President
Principal Place of
Business Address: 2118 Rheem Drive, Pleasanton, CA 94588 Email Address: [email protected]
Telephone: (925) 462-5151
Fax: (925) 462-5183
"CONTRACTOR "
Agreement with Construction Testing Services, Inc.
Rev. 07-01-18
Page9
Agreement with Construction Testing Services, Inc./Exhibit A-Scope of Services Page 1 Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. SERVICE AREAS—SCOPE OF SERVICES
1.1 Materials Testing
1.1.1 Obtain samples of materials at construction sites or material supplier locations and transport materials to testing laboratory.
1.1.2 Sample materials in accordance with applicable standards.
1.1.3 Perform laboratory analysis and testing of materials (in accordance with applicable standards) to determine material characteristics.
1.1.4 Develop reports summarizing the results of laboratory analysis and testing.
1.1.5 Report on analysis of compliance of materials with relevant plans and specifications and conclude if material is compliant or non- compliant.
1.1.6 Review construction material submittals for conformance with plans and specifications.
1.1.7 Observe and verify materials at construction sites conform to plans and specifications.
1.1.8 Perform testing of in-place materials.
1.1.9 Conduct material plant inspections and review plant quality control procedures.
1.1.10 Perform material testing services as requested by the City. Work may include, but is not necessarily limited to, the tests as indicated in Attachment 1.
1.2 Special Inspections
1.2.1 Provide special inspections and testing per Chapter 17 of the 2016 California Building Code (CBC) or such other code version applicable to the project.
1.2.2 Observe the construction work for conformance with the approved design drawings and specifications, and applicable workmanship provisions of the CBC.
Agreement with Construction Testing Services, Inc./Exhibit A-Scope of Services Page 2 Rev. 07-01-18
1.2.3 Perform special inspections on a continuous basis meaning that the special inspector shall be on site in the general area at all times observing the work requiring special inspection. Periodic inspections may be approved by the City Building Division (Building Division) based on a separate written plan reviewed and approved by the City and/or Engineer-of-Record.
1.2.4 Coordinate and/or perform required testing. Ensure only approved testing agencies sample, transport and test materials.
1.2.5 Bring non-conforming items to the immediate attention of the contractor and note in daily report. If any such item is not resolved in a timely manner or is about to be incorporated into the work, notify the Building Division immediately by telephone or in person, the City’s designated project inspector, and the Engineer or Architect.
1.2.6 Complete and sign the Special Inspection Record (yellow card) at the jobsite for each day’s inspection and provide a daily handwritten report in a format acceptable to the Building Division. The report shall remain at the jobsite with the contractor for review by the Building Division’s Inspector. Daily reports shall contain information as per 1.2.7 below.
1.2.7 Furnish weekly reports of inspections directly to the Building Division, Engineer and Architect of Record, City’s designated project inspector, and others as designated. The weekly reports are to include the following:
1.2.7.1 Description of inspections made with locations.
1.2.7.2 List of all non-conforming items.
1.2.7.3 Indication of how non-conforming items were resolved or indicate unresolved items as applicable.
1.2.7.4 Itemize changes authorized by Architect, Engineer and Building Division if not included in non-conformance
items.
1.2.8 Ensure that an adequate number of pre-qualified inspection personnel are on the project, based on the intensity of activities, quality of work being performed and the various operations occurring.
1.2.9 Submit a final signed report to the City project representative and/or Building Division stating that all items requiring special inspection were fulfilled and reported and, to the best of the inspector’s knowledge, in conformance with the approved design drawings, Agreement with Construction Testing Services, Inc./Exhibit A-Scope of Services Page 3 Rev. 07-01-18
specifications, approved change orders and the applicable workmanship provisions of the CBC. Items not in conformance, unresolved items or any discrepancies in inspection coverage (i.e.:
missed inspections, periodic inspections when continuous was required, etc.) shall be specifically itemized in this report. The report shall be stamped and signed by a licensed Civil Engineer.
1.2.10 Perform specific special inspections as identified by the designer- of-record or as required by the City.
2. PROCEDURE FOR SERVICE ORDERS
2.1 City will provide a description of the desired Work to be performed by Contractor.
2.2 Contractor will prepare a written service order proposal in accordance with the City’s request. Contractor shall consider and incorporate into the proposal any City input regarding City staffing availability to participate in the delivery of the Work. The proposal must include, but is not limited to, the following:
2.2.1 The proposed scope of Work;
2.2.2 The name and assignment of each of Contractor’s professional employees who will be principally responsible for performing the Work;
2.2.3 A time schedule and total cost for providing the Work; and
2.2.4 Any other information requested by the City.
2.3 City will review and provide comments to Contractor. Or, City will accept Contractor’s written proposal without comments.
2.4 If the City provides comments on Contractor’s proposal, Contractor shall revise the proposal to address City’s comments.
2.5 Once the Contractor and the City agree on the terms of the proposed Service Order, the City will prepare the final (“Approved Service Order”).
2.6 Contractor will be authorized to proceed with the Work under the Approved Service Order upon notification by the City that the Approved Service Order has been executed by the City or at some later date as designated by the City in writing.
Rev.
07-01-18
ATTACHM
ENT 1
MATERIALS TESTING SERVICES
LISTING
SOILS
Moisture Content
Unit Weight
Maximum Density/Optimum Moisture
Relative Compaction
Aggregates
Sieve Analysis
Unit Weight and Voids
Soundness
Abrasion Resistance
Sand Equivalent
Durability
Cleanness
Asphalt Concrete
Density
Relative Compaction
Stability and Flow
Stabilometer
Core Thickness
Asphalt Extraction
Asphalt Binder Content
Portland Cement Concrete
Slump
Unit Weight and Voids
Air Content
Compressive Strength (cylinders)
Compressive Strength (cores)
Flexural Strength (beams)
Agreement with Construction Testing Services, Inc./Exhibit B-Schedule of Rates and Charges Page 1 Rev. 07-01-18
EXHIBIT B
SCHEDULE OF RATES AND CHARGES
This Exhibit B sets forth Contractor’s rates that apply to any services provided in an Approved Service Order. The rates shall remain fixed throughout each calendar year.
Rates may be increased, with City approval, up to a maximum amount of 3% for each calendar year after the beginning of the Agreement term.
The attached Fee Schedule contains the Contractor rates to be used and is hereby incorporated into this Exhibit B.
Invoicing:
1. If an Approved Service Order requires invoicing to be generated in a timesheet format, Contractor shall provide information for each Contractor staff person including name and position title (i.e. relevant role with respect to work performed under the service order). Position hourly rates shall comply with the rates included in the table above.
In addition, the itemization on each monthly invoice shall set forth the amount of time (recorded in quarter hours) for each employee, the name of the employee and a description of each task performed. After setting forth the time spent on a daily basis, the itemization will provide a summary, at its end, of the total hours spent by each employee for the month, the hourly rate charged for that employee, and the total value of the service rendered by that employee for the month. The amount billed for Work shall then be determined by adding the value for the Work rendered by each employee for that particular month.
2. If an Approved Service Order requires invoicing to be generated in a progress or percent complete format, Contractor shall provide information describing in detail the services performed and how those services correlate to the percent complete. The detailed descriptions shall be for each category of services as identified in the Approved Service Order.
3. Within thirty (30) days of receipt of an itemized written invoice from the Contractor, City shall pay Contractor the amount billed for Work performed under the Approved Service Order during that billing period.
* FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour
Steel Visual $92.00
Nondestructive - UT, MT, PT $92.00
Steel Visual/UT Combination $92.00
Concrete ACI $92.00
Concrete ICC $92.00
Masonry $92.00
Fireproofing $92.00
Shear Wall Nailing/Framing/Hold Downs $92.00
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) $98.00 Asphalt Technician (portal-to-portal) $98.00
Shoring/Soldier Piers $225.00
Roofing & Waterproofing $225.00
Multi-Disciplined Inspector $225.00
Inspector Requiring G1 Pay Grade $275.00
Specialty Inspector or Where Formal Certification is Required $225.00 Field Inspector with Special Enhancement $225.00
Safety Manager/Safety Inspector/Jobsite Safety Accountability Supervisor (JSAS) $500.00 Laboratory Technician $225.00
Technician Typist $225.00
**PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural) $300.00
Geotechnical Engineer $205.00
Professional Geologist $300.00
Consulting Engineer (Civil/Structural) $295.00
Associate Engineer, Licensed $185.00
Project Manager $150.00
Staff Engineer $150.00
Field Supervision $150.00
ASNT Level III $175.00
Drafting $160.00
Quality Control Manager QOR
SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils QOR
* Epoxy Bolt/Expansion Anchor - Installation Observation $92.00 * Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal) $92.00 * Coring, 1 Person (including equipment) (portal-to-portal) $275.00 * Coring, 2 Persons (including equipment) (portal-to-portal) $350.00 * Asphalt Coring (portal-to-portal) $275.00
Project Research QOR
Ultrasonic Testing for Non-Metallic Materials QOR
Pavement Rehabilitation Analysis Using Deflections QOR
Roof Moisture Survey QOR
Soil Drilling Equipment QOR
Geotechnical Site Investigations/Foundation Reports QOR Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal) $300.00 Ultrasonic Pulse Velocity Testing - Equipment Fee $250/Day (portal-to-portal) ASTM C597 $650.00 Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal) $300.00 Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal) ASTM F1869 $300.00 Relative Humidity Testing - $75/Kit (portal-to-portal) ASTM F2170 $300.00 Ferroscan - Equipment Fee $115/day (portal-to-portal) $300.00 GPR - Equipment Fee $115/day (portal-to-portal) $375.00 Administration, Secretarial, Special Projects, Notary, Certified Payroll $100.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) $305.00 Welding Procedure Review (less than 48 hours notice - $500) $305.00 Procedure Qualification Record (PQR) - Standard Procedure (document fee) $500.00 Welding Procedure Specification (WPS) - Standard Procedure (document fee) $500.00 Welder Qualification Test Record (WQTR) - Standard Procedure (document fee) $500.00 DSA Interim Reports $185.00
Geotechnical Pad Letter (less than 48 hours notice - $550) $350.00 Final Letter (less than 48 hours notice - $550) $305.00
EXPERT WITNESS TESTIMONY
Court appearance, per day $2,500.00
Court appearance, per half day $1,500.00
* Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services will be billed in two hour increments. 2022 FEE SCHEDULE - P20893 12/15/2021
PERSONNEL FEES AND BASIS OF CHARGES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
INSPECTING
TESTING
ENGINEERING
All fees subject to Basis of Charges
Agreement with Construction Testing Services, Inc./Exhibit B/Attachment 1
~ CONSTRUCTION
~ TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
GENERAL
ESCALATION
Annually to Comply with DIR Prevailing Wage Requirements (increase starting 1/1/2023 and annually thereafter for contract term). 3% MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual commitment:
One-half day or less 4 Hours
Over one-half day 8 Hours
Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:
Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate Shift differential, swing and graveyard -
(Work performed between 2:00 pm and 4:00 am) 12.5%/hour additional to base or quoted rate.
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $40.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $7.00/minimum Wireless Router/Data Card for Jobsite Internet $135.00/day iPad Monthly Rental Fee $100.00/month
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.) At Cost Parking Fees At Cost
Air Travel Cost Plus 10%
Outside Services Cost Plus 20%
Subsistence (per Union contract) $130.00/day
Subsistence Premium: Meal Allowance (over 100 miles one way) (per Union contract) $30.00/day Subsistence Premium: Meal Allowance (over 150 miles one way) (per Union contract) $85.00/day Mileage Standard Federal Rate
Sample Pickup $11.00/each
Weekend Sample Pickup $110.00/each
Project Administration 9% of Monthly Invoice
Samples Made by Others: Concrete Cylinders $130 + Test
Samples Made by Others: All Other Tests $55.00 + Test
Laboratory Sample Witness Fee $130.00
Laboratory Sample Storage Fee (per sample) $120.00
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR Returned Check Fee $150.00
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portal-to-portal) from the nearest CTS laboratory.
Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request.
BASIS OF CHARGES
All fees subject to Basis of Charges
Agreement with Construction Testing Services, Inc./Exhibit B/Attachment 1
~ CONSTRUCTION
~ TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
CONCRETE Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12) ASTM C39/CT521 $40.00 Compressive Strength of Cylindrical Concrete Specimens (4x8) ASTM C39 $40.00 Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI) ASTM C39 $150.00 Cylinder molds. 6” x 12” and 4" x 8" ASTM C470 $80.00
Compressive Strength of Lightweight Insulating Concrete ASTM C495 $100.00 Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (Cores) ASTM C42 $85.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $500.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) ASTM C78 $180.00 Flex Beams per Caltrans Test Methods CT523 and CT524 $180.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage, 1 Sample) ASTM C157 $165.00 Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position) ACI 506, ASTM C42 and C1140 $450.00 Shotcrete Pre-Qualification Cores (Compression and Visual) ACI 506, ASTM C42 and C1140 $115.00 Shotcrete Production Cores ASTM C1140 $115.00
Coefficient of Thermal Expansion AASHTO T336 $540.00
Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $425.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $975.00 Cement Quality Sampling CBC 2010 $675.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $60.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $265.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $225.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room CBC $155.00 Density of Hydraulic Cement ASTM C188 $200.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $160.00 GFRC Pull Test PCI $400.00
GFRC Flexural Test PCI $400.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete) ASTM C796 $550.00
MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $55.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $55.00 Compressive Strength of Masonry Prisms ASTM C1314 $110.00 Testing Concrete Masonry Units and Related Units (Core Compression) CBC 2105A.4 $200.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $55.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $200.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $300.00 Masonry Core Shear Testing CBC 2105A.4 $300.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $375.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)* ASTM C67 $1,000.00
Mortar Molds. 2” x 4”. Single Use $130.00
Mortar or Grout, Stored and Cured, Not Tested (Including Mold) $130.00
AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only) CT202/ASTM C136 $125.00 Sieve Analysis of Fine and Coarse Aggregates (Fine Only) CT202/ASTM C136 $145.00 Sieve Analysis of Fine and Coarse Aggregates (Wash Included) CT202/ASTM C117 $165.00 Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only) ASTM C117/D1140 $125.00 Standard Test Methods for Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis ASTM D6913 $175.00 Evaluating Cleanness of Coarse Aggregate CT227 $175.00
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88/CT214 $300.00 Unit Weight of Aggregate CT212 $200.00
Clay Lumps and Friable Particles in Aggregates ASTM C142 $225.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791/CT235 $400.00 Organic Impurities in Fine Aggregates for Concrete CT213/ASTM C40 $400.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127/CT206 $400.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128/CT207 $400.00 Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer ASTM D854 $400.00 Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131(535) and C211 $550.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821/CT205 $425.00
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading) ASTM C1252/AASHTO T304A $425.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419/CT217 $230.00 Durability Index (Fine) ASTM D3744/CT229 $255.00
Durability Index (Coarse) ASTM D3744/CT229 $255.00
Durability Index (Fine and Coarse) ASTM D 3744/CT229 $255.00 Lightweight Particles in Aggregate ASTM C123/AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $600.00 Aggregate Moisture Content ASTM C566 $325.00
*Unusual sample preparation for brick specimen will be charged at the established hourly rate.
CONCRETE AND MASONRY TESTS
All fees subject to Basis of Charges
Agreement with Construction Testing Services, Inc./Exhibit B/Attachment 1
~ CONSTRUCTION
~ TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
SOILS Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 $550.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (per point) ASTM D4767 $1,000.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points) ASTM D4767 $225.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point) ASTM D4767 $350.00 One-Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 $325.00 Caltrans Corrosivity Package $525.00
Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water CT643 QOR Soils and Waters for Sulfate Content CT417 QOR
Soils and Waters for Chloride Content CT422 QOR
Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $600.00 Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $650.00 Standard Test Method for Particle-Size Analysis of Soils (without Hydrometer) ASTM D422 $550.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318/CT204 $255.00 Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 $255.00 Hydrometer Only ASTM D422 $550.00
pH of Soils ASTM D4972 $500.00
Relative Compaction of Untreated and Treated Soils and Aggregates CT216 $260.00 Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer ASTM D2844/CT301 $310.00
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass ASTM D2216/CT226 $100.00 Density of Soil in Place by the Drive-Cylinder Method D2937 $125.00 Expansion Index of Soils ASTM D4829 $125.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084/CT220 $575.00
Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM D698/D1557 $350.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $300.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $300.00 Density of Hydraulic Cement ASTM C188 $375.00
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS EPA 8015B QOR
ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D $550.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 $300.00 Universal Soil Classification System (USCS) Test ASTM D2487 $325.00 California Bearing Ratio Test ASTM D1883 $385.00
Unconfined Compressive Strength of Cohesive Soil ASTM D2166/CT221 $200.00
ASPHALT
Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172/CT310 $750.00 Determining Low Temperature Performance Grade (PG) of Asphalt Binders ASTM 6816 QOR Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549/CT308 $100.00 Method of Prep of Bituminous Mixture Test Specimens ASTM D6926/CT304 $285.00 Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD) ASTM D1188 and
D2726/CT308 $450.00
Bulk Specific Gravity of Core AASHTO T275 $75.00
Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM D6931/CT371 $3,200.00 Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444/CT202 $410.00 Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 $995.00 Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041/CT309 $255.00 Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QOR Swell of Bituminous Mixtures CT305 $400.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461/CT307 $950.00 Stabilometer Value (1 sample) CT366 $250.00
Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 $300.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 $300.00 Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven CT370 $300.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $3,500.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $300.00 Hamburg Wheel Track AASHTO T324 $3,750.00
Moisture Susceptibility AASHTO T283 $3,750.00
Air Voids $300.00
** Does not include sample preparation or sieve analysis * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician.
SOILS, AGGREGATE, ASPHALTIC CONCRETE SERVICES & TESTS
All fees subject to Basis of Charges
Agreement with Construction Testing Services, Inc./Exhibit B/Attachment 1
~ CONSTRUCTION
~ TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
MATERIALS MECHANICAL TESTS Rate/Each
Mechanical Testing of Steel Products (General Tensile) ASTM A370 $500.00 Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $225.00 Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium- Alloy Products, (Welding Coupon Tensile) ASTM E8, B557 and AWS B4.0 $500.00 Mechanical Testing of Steel Products (Couplers) ASTM A370 $500.00 Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic Materials ASTM E2248 and ASTM E23 QOR
Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $350.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $200.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $465.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ ASTM A370 and E290 QOR Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A370, A82 and A185 $465.00
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $300.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only (Tension and Yield) ASTM F307, F1554 and F606 $550.00 Rockwell Hardness of Metallic Materials ASTM E18 $165.00 Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or A563 $350.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340, E381 and AWS $350.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (HSB Assemblies) ASTM F606 $400.00 Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $400.00 Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $350.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $350.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $300.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 $1,000.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete (Set of 2) ASTM A416 and A1061 $1,500.00
FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $120.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $30.00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183 Peninsula: 50 California Street, Suite 1500 • San Francisco, CA 94111 • P 415.334.4747 • F 415.438.2357 Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825 Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554 Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774 Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718 San Jose: 2033 Gateway Place, #500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201 All fees subject to Basis of Charges
Agreement with Construction Testing Services, Inc./Exhibit B/Attachment 1
~ CONSTRUCTION
~ TESTING SERVICES
Agreement with Construction Testing Services, Inc./Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with Construction Testing Services, Inc./Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
Agreement with Construction Testing Services, Inc./Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
Agreement with Construction Testing Services, Inc./Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara [Department of Public Works]
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Construction Testing Services, Inc./Exhibit D-Labor Compliance Page 1 Rev. 07-01-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with Construction Testing Services, Inc./Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Construction Testing Services, Inc./Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.