HomeMy WebLinkAbout16 MAT'L & SOILS INSP 03-07-94NO. 16
3-7-94
ATE'
March 7, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY SERVICES/COMMUNITY DEVELOPMENT DEPARTMENT
TUSTIN SPORTS PARK MATERIALS AND SOILS INSPECTION AND TESTING
RECOMMENDATION:
It is recommended that the City Council approve a professional
services agreement for materials and soils inspection and testing
for the Tustin Sports Park with Universal Laboratories, Inc. of
Orange. ..
FISCAL IMPACT:
The need for materials and soils inspection and testing services
was included in the construction budget for the park. The total
estimate for testing services will not exceed $20,000, which is
within budget. The total Sports Park project budget is $3.5
million.
BACKGROUND AND DISCUSSION:
On February 9, 1994 the City Council awarded the construction
contract for the Tustin Sports Park to E.A. Mendoza Contracting.
Per construction' contract general conditions, the testing
laboratory contract must be with the City and not the general
contractor. The materials and soils inspection and testing
contract must be awarded before construction can proceed.
Six companies submitted bids for testing services. The bids were
analyzed by unit cost, total cost and general service level.
(Attachment A)
Staff recommends awarding the testing contract to Universal
Laboratories, Inc. for the following reasons:
Universal offered the lowest total unit cost for testing
services and inspection services.
The testing contract will be covered by a not to exceed
contract of $20,000, which is within budget.
· Universal offered unlimited free pick up of test samples.
Universal operates a lab in Orange so travel time to pick
up samples will be minimal.
After an extensive review of proposals staff recommends that the
City Council award the materials and soils testing contract to
Universal Laboratories, Inc. Universal offered the best required
services at the lowest unit cost.
Recre~on Supervisor
Ed Elowe
Project Manager
Susan M. Jones
Recreation Superintendent
Attachments - Testing Lab Fee Comparison Chart
Consultant Services Agreement
R~/1 :TEST[NG.TSP
~ ~ING LAB FEE COMPARISI0~' 'ART
ATTACHMENT "A"
TUSTIN SMITH- CONSTRUC- ASSOC. AMERICA P. S. I. UNIVERSAL
SPORTS EMORY CO. TION SOILS INT ' L INC.
'RK TESTING & ENGINEER- TESTING,
ENGINEER- ING INC.
ING
Soils $ 38.95 $ 30.00 $ 49.00 $ 42.50 $ 34.00 $ 28.00
S/Hr
Inspection
Concrete $ 42.95 $ 29.00 $ 55.00 $ 38.50 $ 32.00 $ 28.00
S/Hr
Inspection
Masonry $ 42.95 $ 29.00 $ 55.00 $ 38.50 $ 32.00 $ 28.00
S/Hr
Inspection
steel $ 42.95 $ 29.00 $ 55.00 $ 38.50 $ 32.00 $ 28.00
S/Hr
Inspection
Concrete $ 12.00 .. $ 12.00 ~ $ 14.00 $ 13.00 $ 9.00 $ 15.00
$/Ea - 10%
Compression $ 13.50
Test
Pick-up $ 8.00 $ N/C $ 6.00 $ N/C $ N/C $ N/C
cylinder
~/Ea
~sonry $130.00 $ 70.00 $120.00 $100.00 $ 95.00 $115.00
$/Ea - 10%
Prisms $103.50
Mortar $ 16.00 $ 12.00 $ 14.00 $ 13.00 $ 9.00 $ 15.00
$/Ea - 10%
Compression $ 13.50
Test
Grout $ 16.00 $ 12.00 $ 14.00 $ 13.00 $ 9.00 $ 15.00
$/Ea - 10%
Compression $ 13.50
Test
Pick-Up $ 35.00 $ N/C $ 20.00 $ N/C * $ N/C $ N/C
$/Ea
Prisms
Pick-Up $ 8.00 $ N/C $ 6.00 $ 13.00 $ N/C $ N/C
$/Ea
Mortar
Samples
Pick-Up $ 8.00 $ N/C $ 6.00 $ 13.00 $ N/C $ N/C
$/Ea
Grout
mples
~enior/
civil $ 85.00 $ 60.00 $100.00 $125.00 $ 80.00 $ 80.00
Engineer - 10%
S/Hr $ 72.00
6UJ LkKI,"LR I I" i ,I. N~.I" i b~" . I"LI'
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CONSULTANT SERVICES AGREEMENT
This Agreement for Contract Services (herein "Agreement"), is
made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("City"), and Universal Laboratories Inc,
("Consultant").
WHEREAS, Consultant is qualified to provide the necessary
services and has agreed to provide such services; and
WHEREAS, Consultant has submitted to City a proposal, dated
December 31, 1994, a copy of which is attached hereto as Exhibit
"A" and is by this reference incorporated herein as though set
forth in full hereat (the "Proposal").
NOW, THEREFORE, in consideration of the premises and mutual
agreements contained herein, City agrees to employ and does hereby
employ Consultant and Consultant agrees to provide consulting
services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms
and conditions of this Agreement, Consultant shall provide those
services specified in the "Proposal and Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by this reference,
(the "services" or the "work"). Consultant warrants that all
services shall be performed in a competent, professional and
satisfactory manner in accordance with all standards prevalent in
the industry.
1.2 Consultant's Proposal. The scope of services
shall include all the terms contained in Exhibit "A". In the event
of any inconsistency between the terms contained in Exhibit "A" and
the terms set forth in the main body of this Agreement, the terms
set forth in the main body of this Agreement shall govern.
1.3 Compliance with Law. Ail services rendered
hereunder shall be provided in accordance with all laws,
ordinances, resolutions, statutes, rules, and regulations of the
City of Tustin and of any federal, state or local governmental
agency of competent jurisdiction.
1.4 Licenses and Permits. Consultant shall obtain at
its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required
by this Agreement.
1.5 Familiarity with Work. By executing this
Contract, Consultant warrants that Consultant (a) has thoroughly
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investigated and considered the work to be performed, (b) has
investigated the site of the work and become fully acquainted with
the conditions there existing, (c) has carefully considered how the
work should be performed, and (d) fully understands the facilities,
difficulties and restrictions attending performance of the work
under this Agreement. Should the Consultant discover any latent or
unknown conditions materially differing from those inherent inthe
work or as represented by the City, Consultant shall immediately
inform City of such fact and shall not proceed with any work except
at Consultant's risk until written instructions are received from
the Contract officer.
1.6 Care of Work. Consultant shall adopt and follow
reasonable procedures and methods during the term of the Agreement
to prevent loss or damage to materials, papers or other components
of the work, and shall be responsible for all such damage until
acceptance of the work by City, except such loss or damages as may
be caused by City's own negligence.
1.7 Additional Services. Consultant shall perform
services in addition to those specified in the Proposal when
directed to do so by the Contract Officer, provided that Consultant
shall not be required to perform any .additional services without
compensation. Any additional compensation not exceeding ten
percent (10%) of the Contract sum must be approved in writing by
the Contract Officer. Any greater increase must be approved in
writing by the City Manager.
1.8 Special Requirements. Any additional terms and
conditions of this Agreement, are set forth in Exhibit "B" hereto,
"Special Requirements" and incorporated herein by this reference.
In the event of a conflict between the provisions of Exhibit "B"
and any other provision or provisions of this Agreement, the
provisions of Exhibit "B" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services
rendered pursuant to this Agreement, the Consultant shall be
compensated and reimbursed only such amounts as are prescribed in
the Proposal.
2.2 Method of Payment. In any month in which
Consultant wishes to receive payment, Consultant shall no later
than the first working day of such month, submit to City in the
form approved by City's Director of Finance, an invoice for
services rendered prior to the date of the invoice. City shall pay
Consultant for all expenses stated thereon which are approved by
City consistent with this Agreement, no later than the last working
day of said month.
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2.3 Chanqes. In the event any change or changes in
the work is requested by City, the parties hereto shall execute an
addendum to this Agreement, setting forth with particularity all
terms of such addendum, including, but not limited to, any
additional Consultant's fees. Addenda may be entered into:
A. To provide for revisions or modifications to
documents or other work product or work when documents or other
work product or work is required by the enactment or revision of
law subsequent to the preparation of any documents, other work
product or work;
B. To provide for additional services not
included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant's
profession.
2.4 Payment for Chanqes. Approved change orders shall
be compensated at the personnel hourly rates prescribed in Exhibit
"A" hereto.
2.5 Statement of Costs. Pursuant to the provisions of
California Government Code Section 7550, the total amount expended
by City relating to the preparation of any report or documents
prescribed herein shall be set forth within the final edition
thereof, in a separate section, in a statement substantially as
follows:
Pursuant to California Government
Code Section 7550 the City of Tustin
expended the total amount of
$ for the
preparation of this report and/or
documents.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the
performance of this Agreement.
3.2 Schedule of Performance. Ail services rendered
pursuant to this Agreement shall be performed in coordination with
the General Contractor's request for inspection/testing. Written
reports shall be issued to the job site trailer on a daily basis.
Extension of any time period specified must be approved in writing
by the Contract officer.
3.3 Force Majeure. Time for performance of services
to be rendered pursuant to this Agreement may be extended because
of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Consultant, including, but
not restricted to, acts of God or of a public enemy, acts of the
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government, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, and unusually
severe weather if the Consultant shall within ten (10) days of the
commencement of such condition notify the Contract officer who
shall thereupon ascertain the fa~ts and the extent of any necessary
delay, and extend the time for performing the services for the
period of the enforced delay when and if in the Contract Officer's
judgment such delay is justified, and the Contract officer's
determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. Unless earlier terminated in accordance
with Section 7.7 of this Agreement, this Agreement shall continue
in full force and effect until completion of the services but not
exceeding one (1) year from date hereof.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following
Principal of the Consultant is hereby designated as being the
principal and representative of Consultant authorized to act in its
behalf with respect to the work specified herein and make all
decisions in connectiontherewith: ·
It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing Principal is
a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible during the
term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise the services
hereunder. The foregoing Principal may not be changed by
Consultant without the express written approval of City.
4.2 Contract officer. The Contract officer shall be
the Director of Community Development of City unless otherwise
designated in writing by the City Manager of City. It shall be the
Consultant's responsibility to keep the Contract Officer fully
informed of the progress of the performance of the services and
Consultant shall refer any decisions which must be made by City to
the Contract officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the
Contract officer.
4.3 Prohibition Aqainst Subcontractinq or Assiqnment.
The experience, knowledge, capability and reputation of Consultant,
its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, Consultant shall not
contract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of
the city. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation
of law, without the prior written approval of City.
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4.4 Independent Consultant. Neither the City nor any
of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees perform the
services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an
independent consultant of City and shall remain at all times as to
City a wholly independent consultant with only such obligations as
are consistent with that role. Consultant shall not at any time or
in any manner represent that it or any of its agents or employees
are agents or employees of City.
5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. Consultant shall procure and maintain,
at its cost, and submit.concurrently with its execution of this
Agreement, public liability and property damage insurance against
all claims for injuries against persons or damages to property
resulting from Consultant's performance under this Agreement.
Consultant shall also carry workers' compensation insurance in
accordance with California worker's compensatibn laws. Such
insurance shall be kept in effect during the term of this Agreement
and shall not be cancelable without thirty (30) days written notice
to City of any proposed cancellation. A certificate evidencing the
foregoing and designating City as an additional named insured shall
be delivered to and approved by the City prior to commencement of
the services hereunder. The procuring of such insurance and the
delivery of policies or certificates evidencing the same'shall not
be construed as a limitation of Consultant's obligation to
indemnify the City, its consultants, officers, and employees. The
amount of insurance required hereunder shall include comprehensive
general liability, personal injury and automobile liability with
limits of at least One Million Dollars ($1,000,000) combined single
limit per occurrence and professional liability coverage with
limits of at least Five Hundred Thousand Dollars ($500,000).
5.2 Indemnification. The Consultant shall defend,
indemnify and hold harmless the City, its officers and employees,
from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for
damage to property, inCluding property owned by City, and for
errors and omissions committed by Consultant, its officers,
employees and agents, arising out of or related to Consultant's
performance under this Agreement, except for such loss as may be
caused by City's own negligence or that of its officers or
employees.
6. RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare
and submit to the Contract Officer such reports concerning the
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performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and
records as shall be necessary to properly perform the services
required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract officer
shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and
make records and transcripts from such records.
6.3 Ownership of Documents. Ail drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of this Agreement shall
be the property of City and shall be delivered to City upon request
of the Contract Officer or upon the termination of this Agreement,
and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its
full rights or ownership of the documents and materials hereunder.
Consultant may retain cop~es of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts
embodied therein.
6.4 Release of Documents. Ail drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written
approval of the Contract officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed
and interpreted both as to validity and to performance of the
parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Orange, State of California, or any
other appropriate court in such county, and Consultant covenants
and agrees to submit to the personal jurisdiction of such court in
the event of such action.
7.2 Disputes. In the event of any dispute arising
under this Agreement, the injured party shall notify the injuring
party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations
hereunder so long as the injuring party cures any default within
ninety (90) days after service of the notice, or if the cure of the
default is commenced within thirty (30) days after serviceof said
notice and is cured within a reasonable time after commencement;
provided that if the default is an immediate danger to the health,
safety and general welfare, the City may take immediate action
under Section 7.5 of this Agreement. Compliance with the
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provisions of this Section shall be a condition precedent to any
legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is
not cured.
7.3 Waiver. No delay or omission in the exercise of
any right or remedy of a non-defaulting party on any default shall
impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of
Consultant. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
7.4 Riqhts and Remedies are Cumulative. Except with
respect to rights and remedies expressly declared to be exclusive
in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.5 Legal Action. In addition to any other rights or
remedies, either party may take legal action, in law or in equity,
to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment or any other
remedy consistent with the purposes of this Agreement.
7'6 Liquidated Damaqes. Since the determination of
actual damages for any delay in performance of this Agreement would
be extremely difficult or impractical to determine in the event of
a.breach of this Agreement, the Consultant and its sureties shall
be liable for and shall pay to City the sum of
Dollars ($ ) as
liquidated damages for each working day of delay in the performance
of any service required hereunder. The City may withhold from any
monies payable on account of services performed by the Consultant
any accrued liquidated damages.
7.7 Termination Prior to Expiration of Term. The City
reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days written notice to Consultant,
except that where termination is due to the fault of the Consultant
and constitutes an immediate danger to health, safety and general
welfare, the period of notice shall be such shorter time as may be
appropriate. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may
be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter.
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7.8 Termination for Default of Consultant. If
termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may take over the work and
prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the
compensation herein stipulated, provided that the City shall use
reasonable efforts to mitigate damages, and City may withhold any
payments to the Consultant for the purpose of set-off or partial
payment of the amounts owed to City.
7.9 Attorneys Fees. If either party commences an
action against the other party arising out of or in connection with
this Agreement or it subject matter, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 ~' Non-Liability of City Officers and Employees. No
officer or employee of City shall be personally liable to the
Consultant, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become
due to the Consultant. or its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Covenant Against Discrimination. Consultant
covenants that, by and for itself, its heirs, executors, assigns,
and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry. Consultant shall ~take
affirmative action to insure that applicants and employees are
treated without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
-8-
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent,
approval, or communication either party desires or is required to
give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to
the address set forth below. Either party may change its address
by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this Section.
To City:
CITY OF TUSTIN
15222 Del Amo Avenue
Tustin, CA 92680
Attention: Director of Community Development
(Contract Officer)
To ConsUltant:
Universal Laboratories, Inc.
995 N. Enterprise Street
Orange, CA 92667
9.2 Inteqrated Aqreement. This Agreement contains all
of the agreements of the parties'and cannot be amended or modified
except by written agreement.
9.3 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in
writing.
9.4 Severability. In the event that any one or more
of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement, which shall be interpreted to carry out
the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the dates stated below.
Dated:
APPROVED AS TO FORM:
"City"
CITY OF TUSTIN, a municipal
corporation
By:
Christine Shingleton
Director of Community Development
James G. Rourke
city Attorney
"Consultant"
By:
Name Printed
Title
-10-
EXHIBIT "A"
PROPOSAL and SCOPE OF SERVICES
Attached hereto are:
1)
2)
3)
Consultant's Proposal; and
Scope of Services
Hourly Rates
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U
RATORIES
INCORPORATED
December 31, 1993
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
ATTN: ED ELOWE
RE: TITLE 24 CONSTRUCTION RELATED TESTING AND INSPECTION SERVICES
TUSTIN SPORTS PARK & CONCESSION BUILDING
Dear Mr. Elowe:
I wish to thank yOu for the opportunity to submit our proposal
for the construction related testing and inspection services for
the above referenced project.
UNIVERSAL LABORATORIES, INC., a woman owned business (WBE),is one
of Southern California's leading independent full service testing
and inspection firms specializing in State of California, Title
24, Testing & Inspections. We hold the state laboratory approval
number of #95 with OSA.
OUR SERVICES INCLUDE;
REGISTERED DEPUTY INSPECTORS for all major disciplines,
Title 24 and ICBO Certified for concrete, structural
masonry, structural steel welding and high strength bolting.
CONSTRUCTION MATERIALS TESTING AND CERTIFICATION
Field sampling and testing. All aspects of laboratory
testing Certified (n.A. City/OSA/OSHPD/Federal/Military).
ELECTRICAL, PLUMBING AND MECHANICAL INSPECTORS
Special Certified Inspectors or Engineers.
FULL TIME RESIDENT QUALITY CONTROL INSPECTIONS
General Deputy/OSA/OSHPD inspectors or assistant inspectors.
Page 1 of 3
CONSTRUCTION TESTING & INSPECTION
995 N. Enterprise Street · Orange, California 92667 · (714) 744-1558
U
RATORIES
114CORPORATED
CITY OF TUSTIN
December 31, 1993
Page 2 of 3
We are prepared to offer the following services as reguired to
insure the overall construction quality control for this project:
Placement of Reinforcing Steel
Placement of All Concrete
Continuous Inspection for. Structural Masonry
Concrete Batch Plant Inspection
Taking and Testing of Concrete Cylinders, Mortar.& Grout
Structural Steel Field Testing and Inspections
Structural Steel Fab. Shop Testing and Inspections (local)
Masonry Inspection and Testing
Fireproofing Testing and inspections
Anchor Bolt Testing
Construction Material Testing
as Required by the Specification
Materials Engineering
Engineering Reports and Final Certifications
Universal Laboratories, Inc. will provide a Registered Deputy
Inspector for site concrete, masonry and structural steel/bolt-
ing/welding as required at an hourly rate of $28.00.
Registered Deputy Inspectors'
Technician (Materials):
Pickup of concrete cylinders:
$ 28.00 Per Hour
$ 28.00 Per Hour
...No Charge...
I have enclosed our current schedule of fees, dated July 1, 1992
with adjustments to reflect these special rates. This schedule
also includes the many other services provided by Universal
Laboratories, Inc. We submit the rates WITH AN OVERALL 10%
DISCOUNT on the schedule of fees as the basis for our proposal,
with the exception of the above listed special rates.
Universal Laboratories, Inc. furnishes all services on an as-
needed basis either as specified or as ordered by the client's
representative. Ail testing and inspections performed are de-
pendent upon the contractor, or sub-contractors schedule, ability
to man the job and the various code requirements. We cannot and
do not control the contractor's schedule and progress.
U
RATORIES
If4CORPORATED
CITY OF TUS?IN
December 31, 1993
Page 3 of 3
All invoicing will be submitted monthly, due upon receipt and
payable within thirty days. Retention is not applicable for our
services.
We current}y have many Schools and University projects we provide
CONSTRUCTION TESTING AND INSPECTION for. Some of our current
projects (ie: Stanton City Hall, LA County Jail, Anaheim, Santa
Ana USD plus Rancho Santiago Community College, etc) are under
contract with our sister company (California Services, Inc) of
which we are listed as a sub-contractor for our In-House Labora-
tory services.
Universal Laboratories, Inc. has the qualified staff, materials
standards, and calibrated equipment for the full range of testing
that your project will require. We are equipped to also perform
those special laboratory and field tests which often arise unex-
pectedly.
Thank you for the opportunity of submitting this proposal. If you
need any additional information please call me at (714) 744-1558.
We look forward to "working with you on this or any future
projects.
Very truly yours,
UNIVERSAL LABORATORIES, INC.
GAIL MARCOU×
Marketing
Attachments' Fee Schedule
U
oRATORIES
INCORPORATED
CONSTRUCTION INSPECTION AND TESTING
SCHEDULE OF FEES
EFFECTIVE JULY 1, 1992
995 North Enterprise Street · Orange, California 92667 · (714) 744-1558
SCHEDULE 01= I---'ES
ASPHALT CONCRETE
GENERAL TESTING
A.S.T.M.
D2172
C136, Clf7
Dl188
D2041
D1561
CAL TM 304
D1559
D1664
Bitumen Content ............................... $ 70.00 Each
Gradation of Exlmcted Samplcs ....... $ 70.00 Each
Unit Weight - Molded
Specimen of Cores ........................... $ 25.00 Each
Theoretica! Maximum Density ........... $ 70.00 Each
Calculated Maximum _nensity wllh
Aggregate Tests ................................ $130.00 Each
Compacted Maximum Density
- HVEEM .................................. ~ ........ $110.00 Each.
Compacted Maxim~Jm Density
- MARSHALL .................................... $110.00 Each
Stripping ............................................ $ 50.00 Each
MIX DESIGN/CONTROL
A.S.T.M. --
D1560
CAL TM 366
D1559
D1560
CAL TM 366
D1559
Mix Design - HVEEM including
Aggregate Tests per design .............. Quotation
Mix Design - MARSHALL including Aggregate
Tests per design ............................... Quotation
Fi~'=ld Mix - HVEEM
- Stability Per Point ........................... $140.00 Each
Field Mix - MARSHALL
- Stability Per Point ........................... $140.00 Each
BASIS OF CHARGES
REGULAR WORKING HOURS:
First 8 hours between 6:00 a.m. arid 5:00 p.m., Monday ti;rough Fri(Jay
except holidays.
TIME AND ONE HALF:
After 8 hours and up to 11 hours or befo~:e 6:00 a.m. or after 5:00 p.m.
Monday through Friday and Sa[urday:..
DOUBLE TIME: Afler 11 hours ;,nd Sundays.
TRIPLE TIME:
I-Io!idays: New Years, Memori~ Day, I;'~dependence Day, Veterans
Day, Thanksgiving and Day after Thanksgivino, Christmas Day and
Labor Day.
SHIFT DIFFERErmAL:
Swing Shift - Regular plus 10% (for first 7 I/z hm.,rs worked).
Graveyard Shift- Regular plus 15% (for first 7 hours work,JO).
MINIMUM HOURLY ,..rlARGES: (FIELD TIME ONLY)
A. IPspector
1. Inslaection.~ not cancelled by 4:00 p.m. on preceding day.
......................................................................... 2 Hours
2. One-half working day or less ............................ 4 Hours
3. Over one-half working day/or begins betore noon and
extends into afternoon ..................................... 8 Hours
B. Technician (Portal to Portal) ................................. 2 Hours
OUTSIDE SERVICES
Outside se,vices performed by o!hers'and di~'eL-t coSls expended on the
client's behalf are charged at cost plus 20%. These expenses include
equipment rental, parking subsistence, photographs, co-insurance
endorsement, etc.
MILEAGE CHARGES
Mileage for inspection, testing or sampling, over a 40 mile radius from
our nearest facility and less than 100 miles will be charged at 50¢ per
mile.
REPORT CHARGES
Secretarial time will be charged at a rate of $35.00 per hour, no
minimum. A maximum of 6 copies wil! be issued for ea~,-fl report.
FILE SEARCFi & REISSUE OF REPORT
Minimum $50.00 will be charged for Sec. ret.~rial Time.
REPORTING
All reports contracted for by the client will be considered confidential
information and submitted directly to him. We will require the authoriza-
tion of the client prior to distribution to parties other than those desig-
nated in Section 306 of the Uniform Building Code.
PAYMEN'£ TERMS
Payment for services is due upon presentation. II ncr paid within 30
days of the invoice date, they will be considered past due and a finance
charge of 1 ~h% per mortth will be. added to tho unpaid balance. Any
attorney's fees or other costs incurred in collecting any delinquent
accounts will be added to the amounts due and shall be paid by the party
invoiced.
Prices subject to change without notice.
COMPLETION
inspector will remain cn job until discharged by competent authority.
CANCELLATION
No charge if made before 4:00 p.m. of the preceding day. See Minimum
charge.
PARKING
When not furnished for Inspector, parking will be charged as paid by the
Inspector.
SU~SISI'ENCE
On remote jobs, subsistence, when not furnished for Inspector, will be
charged by Quotation.
INSURANCE '
We carry all insurance required by law. Additional costs of extra
insurance certificates, co-insurance endorsements or additional insur-
ance will be invoiced to the client at cost.
CONSTRUCTION SERVICES
PROFESSIONAL SERVICES
Principal Engineer ............................................
Registered Civil Engineer ..................................
Stall Engineer ...................................................
Inspection/Laboratory Supervisor .....................
Secretarial/Reporting ........................................
Review el Files lot processing aflidav;ts
and certifications requirerJ by various
Governmental Agencies ....................................
Legal Consultation, Expert Witness and
Court Appearances (Minimum 4 Hours) ............
Per Hour $ 100.00
Per Hour $ 80.00
Per Hour $ 65.00
Per Hour $ 55.00
Per Hour $ 35.00
Per Ho~r $ 80.00
Per Hour $ 150.00
INSPECTION SERVICES
Special Inspection (Concrete, Structural S~eel,
Masonry, Roofing, Asphalt) @ Jobsite .............. Per Hour $ 49.00
Plant Inspection (Concrete or Asphalt) ............ Per Huur $ 45.00
Technician - Laboratory and Field
(Sampling, Tagging, Sample Preparation) ........ Per Hou¢ $ 40.00
Soils Technician (Compaction Tests Only) ....... Per Hour $ 45.00
Ultrasonic, Dye Penetrant, or Magnetic
Particle Inspection ............................................. Per Hour $ 55.00
Fabrication Inspection ....................................... Per Hour $ 55.00
Pachometer, Schmidt Hammer (Portal to Portal) Per Hour $ 55.00
Pull-out Tests on Embedded Bolts,
Anchors and Dowels (Portal to Portal) .............. Per Hour $ 55.00
Concrete, Masonry, Asphalt Coring or Sawing
(Portal to Portal) ................................................ ' Per Hour $ 55.00
Pick-up and Delivery- Miscellaneous .............. Per Hcur $ 30.00
EQUIPMENT RENTALS
Skidmore-Wilhelm Bolt Cell ............................... Per Hour $ 40.00
Torque Wrench ................................................. Per Day $ 15.00
Air Meter .......................................................... Per Day $ 20.00
Pachometer ....................................................... Per Day $ 50.00
Schmidt Hammer .............................................. Per Day $ 30.00
Nuclear Density Gauge .................................... Per Pour $ I0.00
TESTING MACHINES
Testing Machine with Operator in Labor,ztory
0 - 60,000 Pound Machine (Universal) .......... Per Hour $ 100.00
300,000 Pound Machine (Universal) ............. Per Hour $ 150.00
CONCRETE
STRENGTH CHARACTERISTICS
A.S.T.M.
C-39 Concrete Cylinders (6' x 12') ...................... $15.00 Each
C-39 Gunite Cylinders (6" x 12") .........................$ 20.00 Each
C-495 Lightweight Fill Concrete (3" x 6'} ................ $ 't 5.00 Each
C-780 Mortar Cylinders (2" x 4") ............................. $ !5.00 Each
C-109 Mortar Cubes (2' x 2") ................................. $15.00 Each
C-39 Grout Prisms {3" x 6') .................................. $15.00 Each
C-42 Concrete or ABM 6" Cores, Maximum
Diameter (Tesling Only) ............................... $ 30.00 Each
C-496 Splitting Tensiie ........................................... $ 30.00 Each
C-78 6' x 6" Beams, Modulus of Rupture ............. $ 40.00 Each
Handling Charge, Cylinders or
Prisms not Broken ....................................... $
Handling Charge, Beams not ~roken .......... $
~ 1.00 Each
20.00 Eacr~
MiX DESIGN
A.S.'I'. M.
C-192
C-192
C-192
C-192
Mix Design, Determination el Proportions ...
Review of Existing Mix Design .....................
Laboratory Trial Batch with Slump,
Unit Weight, and Air ...~ .................................
6" x 12" Cylinders, Make and Test ...............
3" x 6" Grout Prisms, Make and Test ...........
6" x 6" Flexurai Beams, Make and Test .......
MISCELLANEOUS TESTING
A.S.T.M.
C-567 Unit Weight of Hardened
Lightweight Concrete ...........................................
C-684 Rapid Cure Concrete Cylinders
(Boil Method) .......................................................
C -157 Drying Shrinkage
(Four Readings, up to 90 days), (3 Bars) ...........
$ 65.00 Each
$ 55.00 Each
$300.00 Each
$ 20.00 Each
$ 15.00 Each
$ 30.00 Each
$ 25.00 Each
$ 30.00 Each
$ 200.00 Set'
MASONRY
BLOCK
A.S.T.M.
C-140
C-140
C-140
C-140
C -67
C-426
E-447
E-447
C-952
C-39
Compression (3 required) to 8' x 8" x 16"._ $ 30.00 Each
Compression (3 required) greater than
8' x 8" x 16" .............. · ................................... $ 35.00 Each
Moisture Content and Absorption
(3 required) .................................................. $ 30.00 Each
Measurements ............................................. $ 15.00 Each
Masonry Efflorescence (5 required) ............. $ 45.00 Each
Linear Shrinkage
(CMA Method - 3 required) .......................... $ 65.00 Each
Rapid Linear Shrinkage
(Bdtish Modified Method) ............................. $ 60.00 Each
Grouted Pdsms (Compression Test to 8" x 16" x 16')
..................................................................... $115.00 Each
Grouted Prisms
(Compression Test la~ger than 8' x 16" x 16")
Including Sample Pick-up ............................ Quotation
Handling Charge, Grouted Prisms not Broken
..................................................................... $ 35.00 Each
Bond Strength .............................................. $ 35.00 Each
Masonry Core - Compression ..................... $ 30.00 Each
Masonry Core - Shear ................................. $ 50.00 Each
BRICK
A.S.T.M.
C-67
C-67
C-67
C-(~7
C-67
C-67
C-67
C-67
Compression (5 required) ............................$ 24.00 Each
Modulus of Rupture (5 requiCed) .................. $ 24.00 Each
Absorption, Soak (5 required) ...................... $ 20.00 Each
Absorption, Boil (5 required) ........................ $ 20.00 Each
Absorption, Satur3tion Coefficient
(5 required) ................................................. $ 30.00 Each
Initial Rate of Absorption (5 requirecl) .......... $ 30.00 Eacf'
E;llorescence (5 required) ........................... $ 45.00 Eacl
Efflorescence wilh Morta~- (5 required) ......... $ 55.00 Each
STEEL
REINFORCEMENT
A.S.T.M.
A615
A615
Tensile Test
No. 11 Bar and Smaller .......................
No. 14, No. 18 .....................................
Bend Test
No. 11 Bar and Smaller .......................
Processing Mill Certificates
(per Size and Heat) .............................
STRUCTURAL STEEL
A.S.T.M.
$ 22.00 Each
Quotation
$15.00 Each
$ 9.00 Each
A370
Tensile Strength
Up to 100,000 lbs ................................
100,000 to 200,000 lbs ........................
Bend Test ............................................
Pipe Flattening Test .............................
Machining and Preparation of Samples
Brinell & Rockwell Hardness Test ........
Processing Mill Certificates
(per Size and Heat) .............................
PRESTRESS
A.S.T.M.
$ 25.00 Each
$ 40.00 Each
$15.00 Each
$15.00 Each
$ 25.00 Each
$ 22.00 Each
$ 9.00 Each
A416
A416
Prestress Cable, 7 W!re (Yield/Tensile) $110.00 Each
Prestress Wire (Yield/Tensile) ............. $ 70.00 Each
Sample Preparation .................... $ 40.00 Per Hour
WELD PROCEDURE AND WELDER QUALIFICATIONS
Welder Certification (AWS) ......... $ 55.00 Per Hour
Weld Tensile Test ................................ $ 22.00 Each
Weld Bend Test ................................... $16.00 Each
Weld - Macro Etch .............................. $ 40.00 Each
Machining and Preparation of Samples Quotation
FIREPROOFING
UBC 43-8 Unit Weight .......................................... $ 25.00 Each
ROOFING
UBC 32-12
Unit Weight .......................................... $15.00 Each
Tile (Breaking Strength/Absorption) .... $ 40.00 Each
Mineral Shake - Flexural .....................$ 20.00 Each
Mineral Shake - Absorption ................ $19.00 Each
SOIL AND AGGREGATE
CLASSIFICATION
A.S.T.M.
C136
C136
Sieve Analysis - (Larger than #4 Sieve) $ 55.00 Each
Sieve Analysis -
(Smaller than #4 Sieve) ....................... $ 55.00 Each
D1140 Sieve Analysis - (Sinai!er than #4 Sieve)
(Washed) ............................................ $ 70.00 Each
Cl17 #200 Wash .......................................... $ 25.00 Each
D11 40 Sieve Analysis - Combined ................. $ 60.00 Each
D422 Hydrometer .......................................... $ 65.00 Each
D422 Hydrometer with Sieve Analysis .......... $100.00 Each
134318 Atterberg Limits (Plasticity Index) ........ $ 90.00 Each
D2419
CAL TM 217 Sand Equivalent (Set of Three) ............ $ 70.00 Each
CAL TM 227 Cleanness Value .................................. $120.00 Each
PHYSICAL CHARACTERISTICS
A.S.T.M.
C 127 Absorption
(Larger than #4 Sieve) ......................... $ 50.00 Each
C128/D854 Absorption
(Smaller than #4 Sieve) ....................... $ 50.00 Each
C127 Specific Gravity (Larger than #4 Sieve) $ 70.00 Each
C12&/D854 Specific Gravity
(Smaller than #4 Sieve) ....................... $ 50.00 Each
D2216 Moisture Content ................................. $ 20.00 Each
SUBGRADE SUPPORT QUALITY
A.S.T.M.
D1883 Bearing Ratio wig Curve - Per Point .... $ 90.00 Each
D2844
CAL TM 301 R-Value (3 Points) ................................$165.00 Each
Lithe, Cemsr;t or Bitu~ninous Treatment available upon request.
DEUSITY CHARACTERISTICS
A.s.'r.M.
D1 557-A Maximum D~;nsity ................................ $100.00 Each
DI,557-B,C,D Maximum Density ............................... $110.00 Each
.D698-A Maximum Density ................................ $ 90.00 Each
.
D698-B,C,D Maximum Density ................................ $110.00 Each
C29 Unit Weight - Loose ............................. $ 20.00 Each
CLxj Unit Weight - Rodded .......................... $ 20.00 Each
CAL TM 216 Maximum Density ................................ $110.00 Each
CHEMICAL PROPERTIES
CALTMs 532/643 pH ................................................. $ 90.00 Each
CAL TM 417 Sulphate ............................................... $ 30.00 Each
CAL TM 422 Chlcride ................................................ $ 30.00 Each
AGGREGATE PROPERTIES
A.S.T.M.
C131
C535
C88
C40
CI42
C235
C123
CRD119
CAL TM 2G5
C,~_ TM 229
L~, ReEler ............................................. $ 90.00 Each
LA Rattler ............................................. $ 90.00 Each
Soundness ........................................... $200.00 Each
Organic Impurities ............................... $ 40.00 Each
Clay Lumps/Friabl~ Particles ............... $ 70.00 Each
Soft Particles ....................................... $ 60.00 Each
Coal & LiGnite ...................................... $ 90.00 Each
Percent EIGngaliorVFlats .....................$ 90.00 Each
Percent Crushed .................................. $ 70.00 Each
Durabilily .............................................. $ 95.00 Each
EXHIBIT "B#
SPECIAL REQUIREMENTS
10. Special Requirements
10.1 Limit of Services. Consultant shall provide
services of testing laboratory, deputy inspection, soils engineer
on our hourly basis per the unit rates quoted in Exhibit"A" not to
exceed $20,000.00 without written approval for additional services
per paragraph 1.7 of this agreement.
10.2 Deputy Inspection. Consultant shall submit
qualifications of personnel assigned to this ~roject for approval
by the City of Tustin Building Department prior to the start of
work for each trade. Consultant shall endeavor to maintain the
same personnel for each assignment throughout the project.
10.3 Travel. Travel time to and from the job site
shall not be considered a reimbursable expense. Mileage charges
shall not be considered a reimbursable expense.
10.4 Reports. Daily reports shall be distributed to
the Contractor on-site at the end of each working day. Copies of
these reports and testing results shall be typed and issued as
follows:
· City of Tustin
· Architect
· Structural Engineer (as applicable)
General Contractor
Low test breaks shall be given immediate attention,, and the
Contract, Architect attention, and the City shall be notified the
day the result of a low test break is discovered.
·
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ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
)
) ss:
)
On this~day of
, 19 , before me,
, Notary Public, personally appeared
Name(s) of Signer(s)
personally known to me - OR
proven to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
NOTARY SEAL
Signature of Notary
CAPACITY CLAINEO BY SIGNER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
]ndividuat(s)
__ Corporate
Officers
TitLe(s)
Partner(s)
General Partner of a Limited Partnership
Attorney-in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED
TO THE RIGHT:
TitLe or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other Than Named Above:
BoiterPtate. Agrement.2
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