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HomeMy WebLinkAboutBalance Hydrologics Inc; 2016-06-14; TRAN1436TRAN1436 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR AGUA HEDIONDA-COMAN PROPERTY ACTIVE STREAMBANK RESTORATION SERVICES BALANCE HYDROLOGICS ~his Amendment No. 1 is entered into and effective as of the .2 g ~ay of ~~ , 2016, extending and amending the agreement dated June 14, 2016, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Balance Hydrologies, Inc., a California contractor ("Contractor") (collectively, the "Parties") for (description of project). RECITALS A. The Parties desire to alter the Agreement's scope of work to increase the number of hours to include additional site visits based on the contractors submitted schedule; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on December 14, 2017, on a time and materials basis not-to-exceed seven thousand eight hundred ten dollars ($7 ,81 0) for a total contract amount of twenty one thousand eighteen dollars and sixty cents ($21 ,018.60). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN1436 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR BALANCE HYDROLOGICS, INC., a California contractor By: (sign here) Edward D. Ballman I CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Deputy City Attorney <:::::> City Attorney Approved Version 1/30/13 2 0 Q_ Ti c (t Task Number and Description V) Hourly Rate $230 Task 1. Construction Observation and Documentation Subtotal Hours Total Hours Notes: 216127 Additional Work Proposal Tables.xlsx, Table 1, 10/21/2016 c:::9 0 Q_ ·a c ~ $195 2 2 Table 1. Anticipated Staff Hours by Task 216127 Agua Hedionda Construction Support ~ 0 ·a (]) Q_ V) .:;, $170 0 ~ c .Q .Q c ~ ~~ 2 0... $175 0 ~ c u 0 Q) 'Vi -~ 2 0... 0 0:. $155 0 ~ c R -~ V) ~ .:2 V) 0 0:. $145 0 c t:= 0 0 ·v; &;~ 2 0... $125 50 50 ~ 0 c c 0 0 ~ -~ ~ (]) 4:0 0:. $110 0 ~ c .Q .Q c ~ ~2 ~ $100 0 ~ .Q ~ (.) c 0 --...CIJc !:::2(/)<{ 0 $120 0 o-:;; <(2!-(.) 0 ...... c !a<( 0 $105 8c-:n <(02!-u t:; 0 ........ ·v; c (54:<( $90 ·a c 0:. .E .._:D V)<( $90 t~ 0~ Q.O ~ -~ .: Q. V) V) $80 t~ 8. ·8 (]) (]) "' Q_ V) $75 Exhibit "A" -~ 0) o.r: e ~ u>-f $75 Labor Costs For Task $6,730 TOTAL LABOR $6,730.00 Expenses from Table2 $1,080.00 GRAND TOTAL $7,810.00 ©2016 Balance Hydrologies, Inc. m >< -=r 0" ;:::::;.: ~ Table 2. Estimated Costs 216127 Agua Hedionda Construction Support Professional Fees Sr. Principal Principal Senior Specialist Senior Professional Project Professional Senior Staff Professional Staff Professional Assistant Professional Junior Professional GIS/CADD Senior Analyst GIS/CADD Analyst GIS/CADD Assistant Analyst Senior Project Administrator Senior Report Specialist Report Specialist Hydrologic Technician Expenses Direct Expenses Mileage Mileage, 4-Wheel Drive* Vehicle Rental Equipment Costs Airfare Per Diems Reimbursable Costs 50 0 0 7 Rate Hours $230 0 $195 2 $170 0 $175 0 $155 0 $145 0 $125 50 $110 0 $100 0 $120 0 $105 0 $90 0 $90 1 $80 0 $75 0 $75 0 Labor Subtotal (Table 1) miles@ $0.60 miles@ $0.63 $150.00 @ $250 @ $150 Other Travel, Subsistence trips@ Express Mail, Deliveries Maps and Aerial Photos Outside Copying, Blueprint Outside Consultants Analytical Laboratory Fees Materials and Supplies Permits, Licenses or Agency Inspection fees client responsibility Printing+ Other Notes • 4WD rates apply only if required by site conditions. See Balance poky re 4WD. +Plotting costs vary according to complexity of design Expenses Subtotal ESTIMATED TOTAL Allocation $0.00 $390.00 $0.00 $0.00 $0.00 $0.00 $6,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $90.00 $0.00 $0.00 $0.00 $6,730.00 $30.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,080.00 $7,810.00 Project-related expenses will be bill at cost plus 1 0%; including work by outside consultants and analytical or testing laboratories. 216127 Additional Work Proposal Tables.xlsx, Table 2, 10/21/2016 ©2016 Balance Hydrologies, Inc. AGREEMENT FOR AGUA HEDIONDA-COMAN PROPERTY ACTIVE STREAMBANK RESTORATION SERVICES BALANCE HYDROLOGICS, INC. TRAN1436 THIS AGREEMENT is made and entered into as of the \~ day of ___ :J~....,uL..JI.JI\..._f..;""""-----' 2016, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BALANCE HYDROLOGICS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineer that is experienced in stream bank restoration in an active stream. B. Contractor has the necessary experience in providing professional services and advice related to compliance with the approved plans to restore a stream bank in an active stream. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of six (6) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirteen thousand two hundred eight dollars sixty cents ($13,208.60). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($30,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 TRAN1436 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes ofthis section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 2 TRAN1436 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 TRAN1436 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Sherri Howard Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92024 Phone No. 760-602-2756 For Contractor Name Ed Ballman Title Vice President and Principal Engineer Address 800 Bancroft Way, Suite 101 Berkeley, CA 94710 Phone No. 510-704-1000 Email office@balancehydro. com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 4 TRAN1436 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 5 TRAN1436 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 6 TRAN1436 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR BALANCE HYDROLOGICS, INC., ::lif~dl4k (Sigh Barry Hecht I Chairman (print name/title) By: ~~~. ------~----~~~~~~~~~~ (sign here) Edward D. Ballman I CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: fL~ ---,B~e~pu~t-y~C-it-y=A~tt-o-rn_e_y==~----- City Attorney Approved Version 4/1/15 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CALIFORNIA All-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT County of A/afll'!e do, before me, g i ,...,O.·ci 'l-Mo ~ "'Q. :£._ rYt> ..f:o ... z rL{ b II ... (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )6/are subscribed to the within instrument and acknowledged to me that ~/~e/they executed the same in hi-5'/h&/their authorized capacity(ies), and that by Q.ts/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _&_. _/_,._·~-+--~-"-~_4_' "'_~_t ________ _ OPTIONAL INFORMATION SIMARJIT MAtHIAS COMM. #2139212 z Notary Public · California ~ Contra Costa County ... Comm, Ex ires Feb. 2, 2020 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of A,...-~-(,"me.+ 1-f..,....,. (i).., q H te dt<. •1 J-. ~ eo fl1"""' .r ......-w.r,. ,--t 7 fk.-? /II e. s,,.:i -c ~ #'F'7 .b ey .,J<. R eJo:{-.""' @ -t :·r:..;, !::.e.Avf(:€•-fZ..)..,.,,f<? rl-,J-.-., lr:;,.Jr"-""-~;:r, ,._ containing pages, and dated ___________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) ------------------~T~itle~(s~)------------------ D Guardian/Conservator Partner-Limited/General D Trustee(s) D Other: _______________________ _ rep resenting: -------cc----,-;--~---,-,---=---:-~=-----c--=------c----­Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: __________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D ______________________ ___ ©Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, lA S0311-0S07. All Rights Reserved. Item Number I 01772. Please contact your Authorized Reseller to purchase copies of this form. May 9, 2016 Ms. Sherri Howard Associate Engineer • cs, .. Public Works-Transportation Engineering 1635 Faraday Carlsbad, California 92008 800 Bancroft Way • Suite 101 • Berkeley, CA 94710 • (510) 704-1000 224 Walnut Avenue • Suite E • Santa Cruz, CA 95060 • (831) 457-9900 PO Box 1077 • Truckee, CA 96160 • (530) 550-9776 wwv1.balancehydro.com • email: office@balancehyclro.com Exhibit "A" RE: Scope of Services for Construction Phase Support, Agua Hedionda Creek Stream bank Restoration Project, City of Carlsbad, California Dear Ms. Howard: Thank you again for requesting from Balance Hydrologies (Balance) a scope of work proposing construction phase support for the Agua Hedionda Creek Streambank Restoration project in the City of Carlsbad. As you are aware, our finn has provided such services for numerous stream and wetland restoration projects over the years, including bank repair projects that employed elements essentially identical to those in the Agua Hedionda project. We have prepared the following scope of work under the assumption that construction of the creek elements of the project will take place in the summer and early fall of2016. Our initial estimates are that the in-stream work requiring our support services will likely take 4 weeks to complete, although it is understood that the actual duration of the work will depend on a number of factors such as contractor experience, progress of other work, regulatory constraints, and the weather to name but a few. Scope of Work for Spec!fic Tasks Balance will provide construction support for the following task items. Task 1.0 Contractor Orientation and Review o{Required Submittals. Time is allotted to attend an initial orientation meeting with the selected contractor to review the work plans and discuss required submittals. Additional staff time is designated for review of submit-tals and subsequent correspondence with Chang Consultants and the City regarding any noted omissions, deficiencies, or deviations ftom the requirements in the project Drawings and Specifications. lnkgrated Sur!uce and Ground \Vater Hydrology • Wetland and Channel Restoration • Water Quality • Erosior1 and Sedimentation • Stonn Water and Floodplain Management Ms. Sherri Howard May 2, 2016 Page2 Task 2.0 Construction Observation and Documentation. Balance staff will provide on-site construction observation services related to critical components of the creek work. We anticipate that this will require a Balance representative to be on-site for 5 days over the course of the creek construction activities. Balance staff will typically be on-site observing construction activities for six hours each day. Deviations in constructed features from those in the project Drawings and Specifications will be promptly reported to the City's lead construction manager for resolution. Daily observer logs will be filled out documenting site conditions, progress of the work, and observed issues that could impair the anticipated functions and values of the completed project. We are suggesting that our on-site work be limited to 1 week, carefully scheduled around the contractor's work on the vegetated cribwall. While it would be ideal to space our site visits over the duration of construction activities, the costs associated with this would, in our opinion, be excessive in this situation. We do not feel it is imperative that we be present to observe the completion of the project; a well-chosen week should be sufficient to establish that the work is being performed to plan and that the design intent has been met. Task 3.0 Response to Requests tor Information. Time is allotted to provide responses to up to three formal requests for information (RFis) related to the Drawings previously prepared by Chang Consultants with the assistance of Balance. Proposed Budget and Schedule The proposed budget to complete the above work plan is summarized in the accompanying Tables 1 and 2. We would bill on a time and expenses basis, not to exceed the values in Tables I and 2 without your direct approval. Staff schedules and workloads can be adjusted to meet the scheduling requirements through completion of the construction work. Staffing Edward Ballman, P.E., will serve as Principal-in-Charge for the construction support services, consistent with his role in providing to the stamping engineer William Chang during the development of the Drawings. Day-to-day management of Balance staff will be the responsibility of Mr. Dana Jepsen, who worked closely with Mr. Chang and Mr. Ballman during design development and has served as lead construction observer on past Balance construction observation efforts. Closing Thank you again for the opportunity to provide continued services through the construction phase of this interesting and challenging project. Please feel free to contact me if I can provide additional input or infonnation. 216127 Construction Support Scope Letter 5-9-2016 Ms. Sherri Howard May 2, 2016 Page 3 Sincerely, BALANCE HYDRO LOGICS, Inc. Edward D. Ballman, P.E., CFM Vice President and Principal Engineer Enclosures: Tables 1 and 2 216127 Construction Support Scope Letter 5-9-2()] 6 0 Q ·u .s a:: Task Number and Description .75 Hourly Rate $230 Task I. Contractor Orientation and Submittal Review Task 2. Construction Observation and Documentation Task 3. Respone to Requests for Information Subtotal Hours Total Hours Notes: 216127 Proposal Tables, Table 1, 5/9/2016 ~ 0 Q ·u c ~ $195 3 2 3 8 Table 1. Anticipated Staff Hours by Task 216127 Agua Hedionda Construction Support ~ 0 ·u (j) Q U") ..: V) $170 0 ~ c .Q .Q c V> ~2 2 n.. $175 0 0 § (I) "V} "2 2 n.. 0 0:: $155 0 <+-§ -!2 "V) V) V> ..:2 V) 0 0::: $145 0 c ~ -~ '-"2 ~ $125 8 64 3 75 _o c c ~ -~ V> (j) .<o 0:: $110 0 ~ c -~ -~ "' (j) ·e n.. $100 0 Q,_t; <(.QL-(.) c 0 -..... (j) c ~V')<( 0 $120 0 O"t;; <(2!-(.) 0 -.....c 6<( $105 0~ Oc"t; <( 0 >-o"tiD -....."iii c 6~<( $90 c .E "0 <( ·e-n.. ..: V) $90 2 "§~ Q,Q (j) u "" (j) ..: Q U") U") $80 -s~ Qu <ll <ll ""Q U") $75 .\< Ol o.r: Q ~ u>-:t $75 Labor Costs For Task $1,675 $8,480 $960 TOTAL LABOR $11,115.00 Expenses from Table 2 $2,093.60 GRANDTOTAL $13,208.60 ©2016 Balance Hydrologies, Inc. Table 2. Estimated Costs 216127 Agua Hedionda Construction Support Professional Fees Sr. Principal Principal Senior Specialist Senior Professional Project Professional Senior Staff Professional Staff Professional Assistant Professional Junior Professional GIS/CADD Senior Analyst GIS/CADD Analyst GIS/CADD Assistant Analyst Senior Project Administrator Senior Report Specialist Report Specialist Hydrologic Technician Expenses Direct Expenses Mileage Mileage, 4-Wheel Drive* Vehicle Rental Equipment Costs Airfare Per Diems Reimbursable Costs 1006 1 8 Rate $230 $195 $170 $175 $155 $145 $125 $110 $100 Hours 0 8 0 0 0 0 75 0 0 $120 0 $105 0 $90 0 $90 2 $80 0 $75 0 $75 0 labor Subtotal (Table 1) miles@ $0.60 miles@ $0.63 $50.00 @ $240 @ $150 Other Travel, Subsistence trips@ Express Mail, Deliveries Maps and Aerial Photos Outside Copying, Blueprint Outside Consultants Analytical Laboratory Fees Materials and Supplies Permits, Licenses or Agency Inspection fees client responsibility Printing+ Other Allocation $0.00 $1,560.00 $0.00 $0.00 $0.00 $0.00 $9,375.00 $0.00 $0.00 $0.00 $0.00 $0.00 $180.00 $0.00 $0.00 $0.00 $11,115.00 $603.60 $0.00 $50.00 $0.00 $240.00 $1,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Expenses Subtotal $2,093.60 Notes • 4WD rates apply only if required by site conditions. See Bolance policy re 4WD. +Plotting costs vary according to complexity of design ESTIMATED TOTAL $13,208.60 Project-related expenses will be bill at cost plus l 0%; including work by outside consultants and analytical or testing laboratories. 216127 Proposal Tables, Table 2, 5/9/2016 ©2016 Balance Hydrologies, Inc.