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Glen A. Rick Engineering Development and Co; 2018-11-28; PSA19-560CA
PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 This second Project Task Description and Fee Allotment, is entered into on __________________________________________, pursuant to an Agreement between Glenn A. Rick Engineering & Development Co., a California corporation, ("Contractor") and the City ofCarlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which areincorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide City Engineering Standards Update in accordance with the Cityof Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for PublicWorks Construction, 2018 Edition and the supplements thereto as published by the “GreenBook” Committee of Public Works Standards and the proposal dated June 22, 2020,(“proposal”), attached as Appendix "A" for the Engineering Standards Update, (the“Project"). The Project services shall include update of city engineering standards,drawings and specifications. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin within five (5)working days after receiving this fully executed document and a City Purchase Order.Contractor shall complete the work within two hundred twenty (220) working daysthereafter. Working days are defined in section 6-7.2 “Working Day” of the StandardSpecifications for Public Works Construction (Green Book). Extensions of time for thisTask Description may be granted if requested and agreed to in writing by the Director orCity Manager. In no event shall Contractor work beyond the term or authorizedcompensation of the Master Agreement, as amended by this Project Task Description andFee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $142,985. PSA19-560CA 1 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 July 6, 2020 TABLE 1 FEE ALLOTMENT CITY ENGINEERING STANDARDS UPDATE TASK GROUP TIME & MATERIALS Update Engineering Standards Vol. 1 - General Design Standards $16,900 Update Engineering Standards Vol. 2 - Potable and Recycled Water Standards $17,050 Update Engineering Standards Vol. 3 - Standard Drawings and Specifications $47,750 Update Engineering Standards Vol. 5 - BMP Design Manual $5,500 Update Engineering Standards Vol. 4 - SWPPP Manual $4,270 Update Engineering Standards Chapter 5 of Vol. 1 - Drainage Standards $9,655 Project Management $41,860 TOTAL (Not-to-Exceed) $142,985 CONTRACTOR GLEN A. RICK ENGINEERING DEVELOPMENT & CO., a California corporation GLEN A. RICK ENGINEERING DEVELOPMENT & CO., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney PSA19-560CA 2 of 11 Scott Chadwick, City Manager DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 Donald D. Woolley Vice PresidentPresident & CEORoger L Ball 7/6/2020 June 22, 2020 Mr. Babaq Taj, P.E. City of Carlsbad Public Works - Construction Management & Inspection 1635 Faraday Ave Carlsbad, CA 92008 SUBJECT: CITY OF CARLSBAD CIVIL ENGINERIRNG (GENERAL) AS-NEEDED SERVICES (PSA19- 560CA) – UPDATE OF CITY STANDARDS, DRAWINGS, AND SPECIFICATION (J-16750C) Dear Mr. Taj: Rick Engineering Company (RICK) is pleased to present this proposal to provide professional engineering services for the subject project. Specifically, this proposal is to investigate and update City of Carlsbad (City) standards, drawings, notes, and/or specifications. The following is an outline of the proposed process to accomplish this work: Proposed Outline of Process: 1)Kickoff Meeting A)Introduction of Key Personnel (City Team/RICK Team) B)Assignment of Lead RICK Project Manager C)Assignment of Key City Staff/POC’s D)Discussion of Goals E)Discussion of Process F)Share Documentation/Examples/Contractor Complaints G)Discussion of Project Schedule H)Confirm Action items 2)“RICK Interviews” A)Schedule Two-Day Meeting with Key, City Personnel B)RICK Questionnaire (City Personnel Opinions: Good & Bad) C)Compile Responses 3)Results Meeting with City A)Discuss City Responses B)Determine Priorities and Confirm City Goals C)Reassess Scope of Work & Fee D)Finalize Project Schedule PSA19-560CA 3 of 11 Appendix A DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 4)RICK Assessments and Updates A)RICK prepares updates B)RICK submits updates to City C)RICK received comments and meets with City D)City provides final direction 5)RICK Final Documents A)RICK finalizes documents B)RICK submits to City for concurrence C)RICK to attend “Final” meeting (e.g. City Council) SCOPE OF WORK: Task 1: Update Engineering Standards Volume 1 – General Design Standards RICK has reviewed the City’s “Volume 1 – General Design Standards (2016 Edition)” and have initially concluded the following potential work: General Tasks: •Update manual to potentially separate Public Works and Private Development standards; •Cross-check reference materials to assure latest outside resources are updated; •Provide comments as to which standards should be revised; •Confirm if standards from other City Departments (e.g. Fire) need to be revised/updated; •Confirm if some sections such as, “Drainage and Storm Drain Standards”, should be combined/included in other Volumes; •Confirm if CADD Standards should be separated; •Confirm acceptable deliverables/materials (e.g. CD, DVD); •Discuss with Key Staff from other City Departments; •Discuss past/current issues with Construction Staff; •Discuss the possible adoption of other agency specifications (e.g. City of San Diego Whitebook Specifications) and/or revising “Whitebook” specifications to conform to City of Carlsbad codes and requirements. (Costs included in Volume 3 scope of work.) In addition, up to 40 hours of professional services is included as part of this task to make updates to the manual (Volume 1). It is assumed the City staff comments will also incorporate feedback received from project applicants and Contractors. Deliverables: •Draft, Updated Engineering Design Standards Manual (Volume 1); and •Final Engineering Design Standards Manual (Volume 1) Task 1 Estimated Fee: $16,900 PSA19-560CA 4 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 Task 2: Update Engineering Standards Volume 2 – Potable and Recycled Water Standards RICK has reviewed the City’s “Volume 2 – Potable and Recycled Water Standards Manual (2016 Edition)” and have initially concluded the following: General Tasks: •Cross-check reference materials to assure latest outside resources are updated; •Provide comments as to which standards should be revised; •Confirm Public vs. Private standards do not contradict each other; •Confirm if standards from other City Departments (e.g. Construction, Fire, Landscape) need to be revised/updated; •Confirm Materials List does, or does not need to be updated; •Discuss with Key Staff from other City Departments; •Discuss past/current issues with Construction Staff; •Discuss adoption and/or implementation of certain of Water Agencies’ Standards (WAS); •Discuss the possible adoption of other agency specifications (e.g. City of San Diego Whitebook Specifications) and/or revising “Whitebook” specifications to conform to City of Carlsbad codes and requirements. (Costs included in Volume 3 scope of work.) In addition, up to 40 hours of professional services is included as part of this task to make updates to the manual (Volume 2). It is assumed the City staff comments will also incorporate feedback received from project applicants and Contractors. Deliverables: •Draft, Updated Potable and Recycled Water Standards Manual (Volume 2); and •Final Potable and Recycled Water Standards Manual (Volume 2) Task 2 Estimated Fee: $17,050 Task 3: Update Engineering Standards Volume 3 – Standard Drawings and Specifications RICK has reviewed the City’s “Volume 3 –Standard Drawings and Specifications (2016 Edition)” and have initially concluded the following: General Tasks: •Provide comments as to which drawings/details/notes/sheets/specifications/etc. should be revised; •Discuss possible restructuring/sections of details; •Possible incorporation of drawings/details in General Standards Manual (Volume 1) (e.g. Standard Street Widths); •Confirm preferred materials to be used on City projects; •Discuss with Key Staff from other City Departments; •Discuss past/current issues with Construction Staff; PSA19-560CA 5 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 •Discuss the possible adoption of other agency specifications (e.g. City of San Diego Whitebook Specifications) and/or revising “Whitebook” specifications to conform to City of Carlsbad codes and requirements. (Costs include time to update City of Carlsbad specifications.) In addition, up to 40 hours of professional services is included as part of this task to make updates to the manual (Volume 3). It is assumed the City staff comments will also incorporate feedback received from project applicants and Contractors. Deliverables: •Draft, Updated Standard Drawings and Specifications Manual (Volume 3); and •Final Standard Drawings and Specifications Manual (Volume 3) Task 3 Estimated Fee: $47,750 Task 4: Update Engineering Standards Volume 5 – BMP Design Manual RICK will discuss at the Interview Meeting the priorities and goals to update the Best Management Practice (BMP) Design Manual to possibly incorporate the following updates made to the San Diego Regional Model BMP Design Manual: •Updates to applicability of permanent, post-construction storm water requirements; •Additional guidance for using site design BMPs (e.g. tree wells; impervious area dispersion) to reduce the design capture volume that must be treated using permanent structural BMPs; •Additional guidance for feasibility screening for selection of pollutant control BMPs for the project; •Additional guidance for selecting and sizing of biofiltration BMPs; o If acceptable to City staff this will also include additional guidance for applicability and sizing of proprietary biofiltration BMPs •Operations and maintenance guidance for permanent structural BMPs; •Updates to bioretention soil media specifications; •Update hydromodification flow control sizing factors; •Additional guidance for management of potential critical coarse sediment yield areas (PCCSYA); and •Other minor updates made as part of the Model BMP Design Manual update. If the City requests updates to the manual, then additional costs may be incurred dependent on the level of effort required. Task 4 Estimated Fee: $5,500 Task 5: Update Standardized Specifications for Storm Water Pollution Prevention Plan and Engineering Standards Volume 4 – SWPPP Manual RICK will discuss at the Interview Meeting the priorities and goals with the City of Carlsbad’s Stormwater Department prior to updating Volume 4 – SWPPP Manual. At this meeting, it will be determined if the PSA19-560CA 6 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 City needs revisions to the City’s Specification No. 300-13 Storm Water Pollution Prevention Plan. If the City requests an update to this specification, then additional costs will be incurred. The tasks to update this specification will include: •An evaluation of the existing specification to identify areas that require revisions based on compliance with the latest/updated (pursuant to this overall task) City Storm Water Ordinance, City of Carlsbad Engineering Standards Volume 4, City’s Jurisdictional Runoff Management Plan (JURMP) and the Municipal Permit, as issued by the San Diego Regional Water Quality Control Board (RWQCB). The applicable storm water regulations include the California Construction General Permit (CGP) and the 2013 Municipal Separate Storm Sewer System (MS4) Permit. •Once modifications have been determined, RICK will provide recommendations for modifications and refinements. RICK staff will meet with City staff to discuss and obtain concurrence on the modifications and refinements to the City’s Specification No. 300-13 Storm Water Pollution Prevention Plan. •The revised standardized specification will include the three tiers of the City’s responsibilities associated with the Design Engineer, Construction Manager and Construction Inspector, including requirements for the Notice of Intent (NOI) and Notice of Termination (NOT). •The revised standardized specification will be developed in two deliverable formats, one will be provided in City of Carlsbad (Greenbook) standards and the other will be formatted based on Construction Specifications Institute (CSI) standards. A “draft” version of the specifications will be provided to the City for review in Microsoft Word. •Provide consultation services necessary to coordinate the work described above with the client. RICK can also provide suggested revisions to the City’s Engineering Standards Volume 4 – SWPPP Manual after the Interview Meeting. This Task will include an evaluation of Chapter 4 to identify areas that require revisions based on compliance with the latest City of Carlsbad Storm Water Ordinance and the Municipal Permit, but the level of effort will be determined after the Interview Meeting and additional effort and costs will be provided to the City, if applicable. Task 5 Estimated Fee: $4,270 Task 6: Engineering Standards Volume 1 Chapter 5 – Drainage and Storm Drain Standards Provide suggested revisions to the City’s Engineering Standards Volume 1 General Design Standards Chapter 5 – Drainage and Storm Drain Standards. This Task will include an evaluation of Chapter 5 to identify areas that require revisions based on compliance with the latest/updated (pursuant to this overall task) City of Carlsbad BMP Design Manual, Jurisdictional Runoff Management Plan (JURMP), National Pollutant Discharge Elimination System (NPDES) MS4 permit, Master Drainage and Storm Water Quality Management Plan and the requirements of the City Engineer and will be based on full (build-out) development of upstream tributary basins. Tasks may include the following: ▪Define what is a culvert verses street drainage collection pipe (each has different design criteria). ▪Provide clarification, more detail, on the Chapter 5, 1.C criteria. ▪Hydrology, update references to be to GIS data rather than 400-scale topographic mapping PSA19-560CA 7 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 ▪Update standard where applicable to reference NOAA Atlas 14 data. (The County Hydrology Manual TAC has agreed that the future County Hydrology Manual (expected soon) shall use the NOAA Atlas 14.) ▪Revise on-grade curb inlet calculation criteria to be consistent with the current County Hydraulic Design Manual. ▪Provide additional detail for clarification related to access road criteria. ▪Provide additional information regarding dry lane criteria for road classifications ▪In addition, up to 40 hours of professional services is included as part of this task to provide coordination and consistency amongst the following documents with respect to Chapter 5: o City of Carlsbad BMP Design Manual o Jurisdictional Runoff Management Plan (JURMP) o National Pollutant Discharge Elimination System (NPDES) MS4 permit o Master Drainage and Storm Water Quality Management Plan o City Engineer Task 6 Estimated Fee: $9,655 Task 7: Project Management & Processing Project Coordination RICK Project Manager will provide the City PM with weekly updates, will schedule meetings and check-in with City Team and RICK Team to assure reviews and deadlines are being met. Meetings: RICK anticipates up to seven (7) meetings to complete this task. Meetings will occur at the following stages: -Kickoff Meeting (to understand goals and meet key staff) -Two (2) Interview Meetings (with key, City staff) to be conducted over a period two (2) days; -Draft Comments Meeting (to confirm and discuss City comments) -Three (3) Miscellaneous Meetings (e.g. Results Mtg. Update Mtg., Final Package Mtg.) Deliverables: •Draft, Updated Manuals and Documents •Final Updated Manuals and Documents Task 7 Estimated Fee: $38,360 Schedule Upon receiving the Notice to proceed from the City, the following is the anticipated schedule through completion: ➢Kickoff Meeting:July 17, 2020 (Goal is meet by July 17th) ➢Conduct City Interviews:July 20 – July 31, 2020 PSA19-560CA 8 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 ➢Compile Responses:August 14, 2020 ➢Results Meeting:August 21, 2020 ➢City Goals & Priorities Mtg: September 11, 2020 ➢RICK Assessment/Updates: November 6, 2020 ➢Presentation of Updates: November 13, 2020 ➢1st City Review Period:January 4, 2021 ➢1st City Review Meeting:January 15, 2021 ➢RICK Updates:February 19, 2021 ➢2nd City Presentation:February 26, 2021 ➢2nd City Review Period:March 26, 2021 ➢Final City Review Meeting: April 2, 2021 ➢Final RICK Updates:April 30, 2021 ➢Final City Review/Approval: May 28, 2021 ESTIMATED FEE: Task Fee Task 1:Update Engineering Standards Volume 1 – General Design Standards $16,900.00 Task 2: Update Engineering Standards Volume 2 – Potable and Recycled Water Standards $17,050.00 Task 3: Update Engineering Standards Volume 3 – Standard Drawings and Specifications $47,750.00 Task 4: Engineering Standards Volume 5 - BMP Design Manual $5,500.00 Task 5: Engineering Standards Volume 4 - SWPPP Manual $4,270.00 Task 6: Engineering Standards Chapter 5 of Volume 1 - Drainage Standards $9,655.00 Task 7: Project Management $38,360.00 Direct Costs $3,500.00 Total Estimated Fee = $142,985.00 EXCLUSIONS: •Environmental Services •Structural Services •Geotechnical Services Fees and expenses for each project would be billed monthly as the work progresses and the net amount shall be due upon receipt of the invoice. If you would like us to proceed on this work as outlined above, we ask that you please issue a City of Carlsbad task order agreement and a Notice to Proceed as our written authorization to commence work. PSA19-560CA 9 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. If you have any questions regarding this proposal, please contact me at (619) 291-0707. Thank you for requesting Rick Engineering Company to provide these services. We look forward to working with you on this project. Sincerely, RICK ENGINEERING COMPANY Edgar Camerino, P.E. R.C.E. # 58844, Exp. 06/30/21 Associate Principal Enclosures PSA19-560CA 10 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 June 22, 2020 Principal Associate Principal Associate Principal Project Engineer Associate Project Engineer Associate Engineering Designer Principal Engineering Drafter Principal Environmental Project Manager Assistant Environmental Project Manager $245 $230 $215 $190 $175 $130 $110 $175 $135 1.1 Review/Update Volume 1 10 40 40 90 16,900$ 0 10 0 40 40 0 0 0 0 0 0 0 90 16,900$ 2.1 Review/Update Volume 2 10 40 40 90 17,050$ 10 0 0 40 40 0 0 0 0 0 0 0 90 17,050$ 3.1 Review/Update Volume 3 10 40 60 110 16,500$ 3.2 Update Specifications 50 100 150 31,250$ 0 10 0 40 0 0 60 0 0 0 0 0 260 47,750$ 4.1 Updates per Model BMP Design Manual 2 4 8 14 2,750$ 4.2 Additional Updates per City Staff Feedback 2 4 8 14 2,750$ 4 0 8 0 16 0 0 0 0 0 0 0 28 5,500$ 5.1 Review/update SWPPP Specificiation/Volume 4 2 4 8 8 22 4,270$ 2 0 4 8 0 0 0 8 0 0 0 0 22 4,270$ 6.1 Review/Update Chapter 5/Review compliance with other City requirements 3 40 12 9,655$ 3 0 0 40 0 0 12 0 0 0 0 0 0 9,655$ 7.1 Meetings (5)20 20 20 60 11,600$ 7.2 Interview Meetings (2)12 12 12 36 6,960$ 7.3 Project Coordination 20 80 100 19,800$ 0 20 32 112 32 0 0 0 0 0 0 0 196 38,360$ 19 40 44 280 128 0 72 8 0 0 0 0 591 139,485$ 3,500$ 3,500$ 142,985$ Title/Role RICK Construction Storm Water Staff RICK Engineering Staff TOTAL HOURS Total, Labor Costs, $ Reproduction/Mileage Sub Total Task 6: Engineering Standards Chapter 5 of Volume 1 - Drainage Standards Sub TotalTask 7: Project Management FEE PROPOSAL SCHEDULE:City of Carlsbad: Review of Specifications, Standards, Etc. Rate ($) TOTAL COST Task 4: Engineering Standards Volume 5 - BMP Design Manual Task 3: : Update Engineering Standards Volume 3 – Standard Drawings and Specifications Task 2: Update Engineering Standards Volume 2 – Potable and Recycled Water Standards Task 1: Update Engineering Standards Volume 1 – General Design Standards Sub Total Sub Total Sub Total Sub Total TOTAL HOURS TOTAL COST Task 5: Engineering Standards Volume 4 - SWPPP Manual Sub Total Direct Costs Sub Total, Direct Costs, $ PSA19-560CA 11 of 11 DocuSign Envelope ID: 89DDE280-8466-4950-979D-E26708478853 PSA19-560CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 66071 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Glenn A. Rick Engineering & Development Co., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Storm water engineering in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition, and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated January 17, 2019, (“proposal”), attached as Appendix "A" for the Romeria Corrugated Metal Storm Drain Pipe Replacement, (the “Project"). The Project services shall include Provide design services through the construction of the Romeria Street corrugated metal storm drain pipe replacement. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within Five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred and thirty (130) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on calendar days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,350. DocuSign Envelope ID: 9282BE2D-7F66-45E2-B2DA-91C955626D30 February 22, 2019 PSA19-560CA City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT CIVIL DESIGN SERVICES THROUGH CONSTRUCTION TASK GROUP TIME & MATERIALS Design services through construction $4,000 Prepare project As-builts 2,600 Direct expenses 750 TOTAL (Not-to-Exceed) $7,350 CONTRACTOR Glenn A. Rick Engineering & Development Co. Glenn A. Rick Engineering & Development Co. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Kevin Gibson, Vice President Donald D. Woolley, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 9282BE2D-7F66-45E2-B2DA-91C955626D30 February 22, 2019 Appendix "A" DocuSign Envelope ID: 9282BE2D-7F66-45E2-B2DA-91C955626D30 Mr. Daniel Zimny January 17, 2019 Page 2 of 2 Our "Consultant" fee for the above-described work would be on a time and materials basis per our current Master Agreement Rates, not to exceed $7,350.00 without your prior authorization. Task 1 -Design Services thru Construction .................................. $ 4,000.00 Task 2 -Prepare Project As-builts ................................................. $ 2,600.00 *Direct Expenses .................................................................. $ 750.00 Total ............................................................................................. $ 7,350.00 *Direct expenses include printing and blueprinting (plan sheet plotting) expenses. Any unforeseen fees, additional reporting, blueprinting and miscellaneous expenses are extra and not a part of this agreement. Also not included are any items not specifically referred to herein. Fees and expenses will be billed monthly as the work progresses and the net amount shall be due upon receipt of the invoice. EXCLUSIONS The following items may be required, but are not included in the scope of work outlined above. Additional authorization will be required for these services. •Construction Management Services•Traffic Control & Construction Staging•Storm Water Pollution Prevention Plan (SWPPP) Preparation•SWPPP I Construction General Permit -SWPPP-related services not identified above are notincluded, such as: Qualified SWPPP Practitioner (QSP) services, Qualified SWPPP Developer (QSD) services beyond the initial preparation of the SWPPP, sampling and monitoring, respondingto any agency's plan check comments, filing Changes of Information (COis)/SWPPPAmendments, Annual Reports, and/or a Notice of Termination (NOT). These services can beprovided during construction if requested by the client and pending additional authorization. DocuSign Envelope ID: 9282BE2D-7F66-45E2-B2DA-91C955626D30 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/31/2018 Cavignac & Associates450 B Street, Suite 1800San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com XL Specialty Company 37885 RICKENG-01 Valley Forge Insurance Company 20508Glenn A Rick Engineering and Development Company5620 Friars RoadSan Diego, CA 92110 Continental Casualty Co.20443 Continental Insurance Company 35289 Amer Cas. Co of Reading, PA 1679178157 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 X X X Y 6076046485 1/1/2019 1/1/2020 2,000,000 Deductible 0 C 1,000,000 X 6076046499 1/1/2019 1/1/2020 D X X 10,000,000 0 6076046504 X 10,000,000 1/1/2019 1/1/2020 E Y 6076046521 1/1/2019 1/1/2020 X 1,000,000 1,000,000 1,000,000 A Professional Liability DPR9930428 8/15/2018 8/15/2019 Each ClaimAggregate $3,000,000$8,000,000 Re: Agreement Number : TRAN1166, Agreement Name : Engineering Services. Additional Insured coverage applies to General Liability for City ofCarlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Excess/Umbrella policy follows form over underlyingpolicies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability - Claims made form,defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium theywill provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are requiredby written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts oromissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the10-01 edition of CG2037; or B.additional insured coverage with “arising out of” language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will notprovide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on anotherendorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amendedto add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance Policy No: 6076046485 Effective Date: 01/01/2019 CNA75079XX (10-16)Page 1 of 2 Insured Name: Rick Engineering CompanyCopyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the additionof the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in theinvestigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insureror self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amendedto add the following definition: Written contract means a written contract or written agreement that requires you to make a person ororganization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Policy No: 6076046485 Effective Date: 01/01/2019 CNA75079XX (10-16)Page 2 of 2Insured Name: Rick Engineering Company Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement CNA75008XX (10-16) Policy No: 6076046485 Effective Date: 01/01/2019 Insured Name: Rick Engineering Company Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. AS REQUIRED BY CONTRACT Policy No:Form No: CC68021A (02-2013) Endorsement Effective Date: 01/01/2019 © CNA All Rights Reserved. It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS 6076046499,6076046485, 6076137871,6076046521 Named Insured: Rick Engineering Company Policy No. 6076046521 6076046521 Effective Date: 01/01/2019 Named Insured: Rick Engineering Company PSA 19-560CA MASTER AGREEMENT FOR CIVIL ENGINEERING (GENERAL) SERVICES GLENN A. RICK ENGINEERING DEVELOPMENT & CO. THIS AGREEMENT is made and entered into as of the NC&f:\JY\\oe,f , 2018, by and between the municipal corporation, ("City"), and Glenn A. Rick Engineering California corporation, hereinafter referred to as "Contractor." RECITALS 2~ day of City of Carlsbad, a Development & Co., a A. The City requires the professional services of a consultant firm that is experienced in civil engineering (general) services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to general civil engineering. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. SCOPE OF WORK The 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA 19-560CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand ($300,000) dollars per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the city shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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 the City. Contractor will be under control of the 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 the 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. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The 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 the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the 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, the 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 the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the 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 the 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 the 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. City Attorney Approved Version 6/12/18 2 PSA 19-560CA The parties expressly agree that any payment, attorney's fee, costs or expense the 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 of this 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 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 the 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. The 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 the City's satisfaction, a declaration stating this. 10.1.4 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: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 6/12/18 3 PSA 19-560CA 10.2.3 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 the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the 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 the City to obtain or maintain insurance and the City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. The 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 the 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 the 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 the 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 the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA 19-560CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor under this Agreement. For City Name Eleida Felix Yackel Title Senior Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Edgar Camerino Title Project Manager Address 5620 Friars Road San Diego, CA 92110 Phone No. 619-291-0707 Email ecamerino@rickengineering.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 categories. YesC8J No D 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 the 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 City Attorney Approved Version 6/12/18 5 PSA 19-560CA 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, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the 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 the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the 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 the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the 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. The 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 employee, any fee, commission, 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, the 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 the 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 the 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 the 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 the 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 City Attorney Approved Version 6/12/18 6 PSA 19-560CA 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 the 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 the 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. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-560CA 27. 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. Executed by Contractor this _____ day of __________ , 2018. CONTRACTOR GLENN A. RICK ENGINEERING DEVELOPMENT & CO., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: 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 ~fy~y Att~ City Attorney Approved Version 6/12/18 8 PSA 19-560CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of civil engineering tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Roadway design B. Parkway design C. Site design D. Roundabout design E. Visual simulations F. Intelligent transportation systems G. ADA design / inspection H. Stormwater engineering (civil design) Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 PSA 19-560CA TM RICK ENGINEERING COMPANY Hourly Rates -California Offices February 24, 2018 -August 31, 2018 Principal Consultant (Special Projects) .................................. $ 275.00 Principal Water Resources Designer ...................................... $140.00 Principal .................................................................................... 245.00 Associate Water Resources Designer ........................................ 130.00 Associate Principal ................................................................... 230.00 Assistant Water Resources Designer ......................................... 115.00 Associate/Manager .................................................................... 215. 00 Expert Witness .......................................................................... 400.00 GlS Manager ....................................................................... $185.00 Court Appearance per half day or part .................................... 1,600.00 Principal GIS Project Manager.............................. .. ...... 170.00 Associate GIS Project Manager ................................................. 155.00 Principal Project Engineer/Manager .......................................... 190.00 Assistant GIS Project Manager .................................................. 135.00 Associate Project Engineer/Manager ......................................... 175.00 Principal GIS Analyst ................................................................ 125.00 Assistant Project Engineer/Manager .......................................... 160.00 Associate GIS Analyst ............................................................... 115.00 Principal Engineering Designer ................................................. 140.00 Assistant GIS Analyst ................................................................ 105.00 Associate Engineering Designer ................................................ 130.00 Principal Graphics Designer ...................................................... 115.00 Assistant Engineering Designer ................................................. 115.00 Associate Graphics Designer ..................................................... 110.00 Principal Engineering Drafter. ................................................... l IO.OD Assistant Graphics Designer ........................................................ 95 .00 Associate Engineering Drafter ................................................... 100.00 CAD Manager .......................................................................... 175.00 Assistant Engineering Drafter ..................................................... 90.00 Field Supervisor ....................................................................... $190.00 Principal Construction Engineer/Manager. .............................. $190. 0 0 One-person Survey Party ........................................................... 140.00 Associate Construction Engineer/Manager ............................... 175.00 One-person Survey Party with Robotics .................................... 190.00 Assistant Construction Engineer/Manager ................................ 160.00 Two-person Survey Party .......................................................... 220.00 Principal Construction Technician ............................................ 140.00 Three-person Survey Pany ......................... . ......................... 285.00 Associate Construction Technician ........................................... 130.00 Assi,1ant Construction Technician ............................................ 115.00 3D Laser Scanning Crew (One-Person) ................................... $220.00 3D Laser Scanning Crew (Two Person) .................................... 260.00 Senior Transportation/Traffic Engineer ................................... $200.00 Principal Transportation/Traffic Engineer. ................................ 190.00 Principal 3D Laser Scanning Project Manager ........................ $180.00 Associate Transportation/Traffic Engineer ................................ 175.00 Associate 3D Laser Scanning Project Manager ......................... 165.00 Assistant Transportation/Traffic Engineer. ................................ 160.00 Assistant 3D Laser Scanning Project Manager .......................... 150.00 Principal Transportation/Traffic Designer ................................. 140.00 Principal 3D Laser Scanning Specialist... .................................. 130.00 Associate Transportation/Traffic Designer ................................ I 3 0.00 Associate 3D Laser Scanning Specialist.. .................................. 120.00 Assistant Transportation/Traffic Designer. ................................ 115.00 Assistant 3D Laser Scanning Specialist.. ................................... I 10.00 Principal 3D Laser Scanning Technician ................................... l 10.00 Principal Community Planner ................................................. $210.00 Associate 3D Laser Scanning Technician .................................... 95.00 Principal Project Planner/Manager ............................................ 190.00 Assistant 3D Laser Scanning Technician ..................................... 85.00 Associate Project Planner/Manager .......................................... 175.00 Senior Planner ........................................................................... 165.00 Photogrammetry Supervisor.................................... . ........ $180.00 Associate Planner ...................................................................... 130.00 Principal Photograrnmetrist ....................................................... 12 5. 00 Assistant Planner ...................................................................... 110.00 Associate Photogrammetrist ...................................................... 110.00 Planning Technician .................................................................... 85.00 Assistant Photogranunetrist ....................................................... 100.00 Principal Landscape Architect... .............................................. $210.00 Computing & Mapping Director. ............................................. $190.00 Principal Project Landscape Architect/Manager ....................... 180.00 Principal Survey Analyst ........................................................... 175.00 Associate Project Landscape Architect/Manager ..................... 155.00 Associate Survey Analyst .......................................................... 135.00 Assistant Project Landscape Architect/Manager ....................... 120.00 Assistant Survey Analyst ........................................................... 115.00 Principal Landscape/Urban Designer ........................................ 110.00 Associate Landscape/Urban Designer ....................................... 105.00 Assistant Landscape/Urban Designer .......................................... 95.00 Associate Project Administrator.. . ......................................... $75.00 Assistant Project Administrator ................................................... 65.00 Administrative Assistant. ............................................................. 70.00 Principal Environmental Project Manager. ............................. $ l 75 .00 Associate Environmental Project Manager ................................ 155.00 Assistant Environmental Project Manager ................................ 135.00 Principal Environmental Specialist... ......................................... 120.00 Associate Environmental Specialist .......................................... 115.00 Assistant Environmental Specialist ........................................... 110.00 Environmental Technician ........................................................... 90.00 Rates subject to change for prevailing wa.ge contracts. When authorized. overtime shall be charged at the listed rates times I .3 Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten ( l 0) percent fee for administration, coordination and handling will be added to all subcontracted services. 10 PSA 19-560CA Schedule of Fees ~------------,.--,-----~-=~----- - -----~-=-----..-1"".""'~------·----~ ------ -Hourl~\Cba:rg~ f~r P~rs~nel' I ' ' ' ' I' ' ' ' '' •', I ,, ' I ' ,, ' Principal Engineer/Geologist'Environmental Scientist $ 178 Certified Industrial Hygienist $ 178 Senior Engineer/Geologist'Environmental Scientist $ 168 Senior Project Engineer/Geologist'Environmental Scientist $ 163 Certified Asbestos Consultant, Lead Inspector/Assessor, Lead Project Monitor $ 163 Project Engineer/Geologist'Environmental Scientist $ 156 Senior Staff Engineer/GeologiSVEnvironmental Scientist $ 142 Staff Engineer/Geologist'Environmental Scientist $ 126 Certified Site Surveillance Technician, Lead Sampling Technician• $ 126 GISAnalyst $ 116 Field Operations Manager $ 112 Supervisory Technician• $ 98 Nondestructive Examination Technician*, UT, MT, LP $ 98 AC! Concrete Technician• $ 98 Concrete/Asphalt Batch Plant Inspector* $ 98 Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing)* $ 98 Senior Field/Laboratory Technician• $ 98 Field/Laboratory Technician• $ 98 Technical Illustrator/CAD Operator $ 92 Information Specialist $ 78 GeotechnicaVEnvironmental/Laboratory Assistant $ 76 Data Processing, Technical Editing, or Reproduction $ 68 - ------ -• ' I ----- 'Other Chatr.ges · · · .· · · -· · · , · · r " , ' ' , Concrete Coring Equipment (includes one technician) X-Ray Fluorescence PID/FID Usage Anchor load test equipment (includes technician) Hand Auger Equipment Inclinometer Usage Vapor Emission Kits Level D Personal Protective Equipment (per person per day) Rebar Locator (Pachometer) Nuclear Density Gauge Usage Field Vehicle Usage Direct Project Expenses Laboratory testing, geophysical equipment, and other special equipment provided upon request. $ 180/hr $ 300/day $ 140/day $ 97/hr $ 65/day $ 40/hr $ 40/kit $ 30/p/d $ 30/hr $ 15/hr $ 12/hr Cost plus 1 O % Noi~ -. · -· , . . : -----: --, . -----. ' • '' I ' For field and laboratory technicians and special inspectors, regular hourly rates are charged during nomial weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged tor work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo & Moore's Work Authorization and Agreement. *Indicates rates that are based on Prevailing Wage Detemiination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. Ninyo & Moore I City of Carlsbad Master Agreements I S02-01360 I June 12, 2018 C11 PW 11 PSA 19-560CA 2018 Schedule of Fees for Laboratory Testing L~b~ra~9,,-y'l'e'st;"rest fj)~gnatiQn.1 arid Price Per'f~st',' ,-i. .:, ,' , . ·: , , SOILS Attertlerg Limits, D 4318, CT204 $ 170 California Bearing Ratio (CBR), D 1883 $ 550 Chlofide and Sulfate Content, CT 417 & CT 422 $ 17 5 Consolidation, D 2435, CT 219 $ 300 Consolidation, Hydro-Collapse only, D 2435 ., ..... .,., ...... ., ........................ $ 150 Consolidation-Time Rate, D 2435, CT 219 $ 75 Direct Shear-Remolded, D 3080 $ 350 Direct Shear -Undisturbed, D 3080 $ 300 Durability Index, CT 229 $ 175 Expansion Index, D 4829, IBC 18-3 $ 190 Expansion Potential (Method A), D 4546 $ 170 Geofabric Tensile and Elongation Test, D 4632 $ 200 Hydraulic Conductivity, D 5084 $ 350 Hydrometer Analysis, D 422, CT 203 $ 220 Moisture, Ash, & Organic Matter of Peat/Oryanic Soils $ 120 Moisture Only, D 2216, CT 226 $ 35 Moisture and Density, D 2937 $ 45 Permeability, CH, D 2434, CT 220 $ 300 pH and Resistivity, CT 643 $ 175 ProctorDensityD1557,D698, CT216,AASHTOT-180 $ 220 Proctor Density wi1h Rock Correction D 1557 $ 340 R-value, D 2844, CT 301 $ 325 Sand Equivalent, D 2419, CT 217 $ 125 Sieve Analysis, D 422, CT 202 $ 145 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100 Specific Gravity, D 854 $ 125 Thermal Resistivity (ASTM 5334, IEEE 442) $ 925 Triaxial Shear, C.D, D 4767, T 297 $ 450 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pl $ 400 T riax1al Shear, C.U., wlo pore pressure, D 4767, T 2297 per pt $ 250 Triaxial Shear, U.U., D 2850 $ 180 Unconfined Compression, D 2166, T 208 $ 130 MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ 70 Brick Compression Test, C 67 $ 55 Brick Efflorescence, C 67 $ 55 Brick Modulus of Rupture, C 67 $ 50 Brick Moisture as received, C 67 $ 45 Brick Saturation Coefficient, C 67 $ 60 Concrete Block Compression Test, 8x8x16, C 140 $ 70 Concrete Block Conformance Package, C 90 $ 500 Concrete Block Linear Shrinkage, C 426 $ 200 Concrete Block Unit Weight and Absorption, C 140 $ 70 Cores, Compression ex Shear Bond, CA Code $ 70 Masonry Grou-+_ 3x3x6 prism compression, C 39 $ 45 Masonry Mortar, 2x4 cylinder compression, C 109 $ 35 Masonry Prism, half size, compression, C 1019 $ 120 Masonry Prism, Full size, compression, C 1019 $ 200 REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615 $ 135 Fireproofing Density Test, UBC 7 ~ $ 60 Hardness Test, Rockwell, A 370 $ 70 High Strength Bolt, Nut & Washer Conformance, per assembly, A 325 $ 150 Mechanically Spliced Reinforcing Tensile Test, ACI $ 175 Pre-Stress Strand (7 wire), A 416 $ 170 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 60 Structural Steel Tensile Test: Up to 200,000 lbs. (machning extra), A 370 $ 80 Welded Reinforcing Tensile Test Up to No. 11 bars, ACI $ 65 CONCRETE Compression Tests, 6x12 Cylinder, C 39 Concrete Mix Design Review, Job Spec Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Concrete Cores, Compression (excludes sampling), C 42 Drying Shrinkage, C 157 Flexural Test, C 78 Flexural Test C 293 Flexural Test, CT 523 Gunite/Shob::rete, Panels, 3 c:ut cores per panel and test ACI Jobsite Testing Laboratory Lightweight Concrete Fill, Compression, C 495 Petrographic Analysis, C 856 Restrained Expansion of Shrinkage Compensation Spliltilg Tensile Strength, C 496 3x6 Grout (CLSM), C 39 2x2x2 Non-Shrink Grout, C 109 ASPHALT CONCRETE $ 30 $ 180 $ 850 $ 60 $ 400 $ 75 $ 75 $ 85 $ 'lJ5 Quote $ 50 $2,000 $ 450 $ 100 $ 45 $ 45 Air Voids, T 269 $ 75 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) $ 4,500 Asphalt Mix Design Review, Job Spec $ 180 Dusi Proportioning, CTLP4 $ 75 Extraction, % Asphalt, including Gradation, D 2172, CT 382 $ 250 Extraction, %Asphalt without Gradation, D 2172, CT 382 ....... ,. ............... $ 150 Film Shipping, CT 302 $ 120 Hveem Stabiity and Unit Weight D 1560, T 246, CT 366 $ 225 Marshall Stability, Flow and Unit Weight T 245 $ 240 Maximum Theoretical Unit Weight. D 2041, CT 309 S 150 Moisture Content, CT 370 $ 85 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 $1,000 Slurry Wet Track Abrasion, D 3910 $ 150 Superpave, Asphalt Mx Verification (incl. Aggregate Quality) $ 4,900 Superpave, Gyratory Un~ Wt, T 312 $ 100 Superpave, Ha-nburg Wheel, 20,000 passes, T 324 $ 1,000 Unit Weight sample or core, D 2726, CT 308 $ 100 Voids in Mineral Aggregate, (VMA) CT LP-2 $ 75 Voids filled with Asphalt, (VFA) CT LP-3 $ 75 Wax Density, D 1188 $ 100 AGGREGATES Clay Lumps and Friable Particles, C 142 Cleanness Value, CT 227 Crushed Particles, CT 205 Durabiity, Coarse or F,na, CT 229 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 Flat and Elongated P.rticle, D 4791 Lightweight Particles, C 123 Los Angeles Abrasion, C 131 or C 535 Material Finer than No. 200 Sieve by Washing, C 117 Organic Impurities, C 40 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 Potential Reactivity of Aggregate (Chemical Method), C 289 Sand Equivalent T 176, CT 217 Sieve Analysis, Coarse Aggregate, T 27, C 136 Sieve Analysis, Fine Aggregate (inchJding wash), T 27, C 136 Sodium Sulfate Soundness, C 88 Specific Gravity and Absorption, Coarse, C 127, CT 206 Specific Gravity and Absorption, Fine, C 128, CT 207 ROOFING Roofing Tile Absorption, (set of 5), C 67 Roofing Tile Strength Test, (set of 5), C 67 $ 180 $ 180 $ 175 $ 205 $ 180 $ 220 $ 180 $ 200 $ 90 $ 90 $1,250 $ 950 $ 475 $ 125 $ 120 $ 145 $ 450 $ 115 $ 175 $ 250 $ 250 Special preparation of standard test specimens will be charyed at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore j City of Carlsbad Master Agreements I S02-01360 j June 12, 2018 C11PW 12 R2H Engineering, Inc. Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Technician 3 Technician 2 Technician 1 2018 Fee Schedule Consulting Engineering Services Sr. Engineer Project Manager Engineer Engineer Jr. Engineer Sr. Drafter/Designer Technician Administration $200/hr $174/hr $146/hr $124/hr $ 95/hr $ 99/hr $ 85/hr $ 71/hr Note: Overtime charges will be invoiced at 1.5 times the above rates. REIMBURSABLE COSTS Computer/CAD Vehicle Mileage Travel Expenses Outside Services Reproduction (In-House) 81/,xll 81/2 X 14 J] X 17 Plotting (In-House) Bond Binding (In-House) 81/, ., I l Large Format San Diego, CA Las Vegas, NV B&W B&W B&W 24 X 36 $0.35/copy $0.48/copy $0.70/copy $2. 96/sheet $4.05/binding $5.25/binding Service by Design 13 Color Color Color 30 X 42 PSA 19-560CA $9.00/hour $0.53.5/mile Cost+ 20% Cost+ 20% $0.52/copy $0.66/copy $1.02/copy $4.51 /sheet Salt Lake City' UT Idaho Falls, ID PSA 19-560CA BURNS~M~DONNELL SUBCONSULTANT RATE SCHEDULE NAME TITLE COST 14 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On ~~ c\ 2-G l V before me, ' Nd~r1 tf ,6\ic. (insert name and title1 th officer) personally appeared hvuJA w ootlt:~ ______ , who proved to me on the basis of satisfactory evide ce to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-~-:,----(Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On Q~I\. 9, 2o l~etore me, personally appeared ¥:ieJ11n G-J·Jy~ who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/~/tl;}E(y executed the same in his/h.efit¥ir authorized capacity(ifi$), and that by his/~/tl;leir signature'-81' on the instrument the person(,'), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY 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 _f!fiiif:~/_:)_---..., _____ _ ·---.-.·.·· ... ·--·----·------·-.. .... -·\,·"1, ........ , -~ ! · 9co;1.T.;;.oo P;,;;~ ·sa,n,an, ..-.· COMM #2211740 • t? NOTARY PUBLIC•CALIFORNIA cl 0 . · SAN DIEGO COUNTY 1 Comnission Expires Aug. 27, 2021 l ..................................... .,, ............ .,., ................................... . (Seal) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~f:i~cT Certificate Deoartment Cavignac & Associates r.~~)Nt.7n C-"• 619-744-0574 I FAX 450 B Street, Suite 1800 IA/C Nol: 619-234-8601 San Diego CA 92101 ioMl~~ss: certificates/alcavianac.com INSURERISl AFFORDING COVERAGE NAIC# INSURER A: XL Soecialtv ComDanv 37885 INSURED RICKENG-01 INSURER e: Travelers ProDertv & Casualtv Comoanv of America 25674 Rick Engineering Company INSURER C: 5620 Friars Road San Diego, CA 92110 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER-108745911 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR PGLICY EFF ,~3~J%~1 LTR TYPE OF INSURANCE ,.,en .. Mn POLICY NUMBER IMMIDDIYYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y 6806H046886 11112018 11112019 EACH OCCURRENCE $1,000,000 f-~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $1,000,000 X Contractual Liab MED EXP (Any one person) $10,000 X Separation of In PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =7 0PRO-[8]Loc PRODUCTS -COMP/OP AGG $2,000,000 POLICY• JECT OTHER Deductible $0 B AUTOMOBILE LIABILITY BA7276L522 1/1/2018 1/112019 fE~~~~~~~lNGLE LIMIT $ 1 000 000 -X ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPer accident\ $ --$ B X UMBRELLA LIAS M OCCUR CUP4187T939 1/1/2018 11112019 EACH OCCURRENCE $ 10,000,000 -EXCESS LIAS CLAIMS-MADE AGGREGATE $10,000,000 ✓ OED I X I RETENTION $ n $ B WORKERS COMPENSATION y UB6H924546 11112018 11112019 X T ~~fTuTE T 1 OTH- AND EMPLOYERS" LIABILITY ER YIN ANY PROPRIETOR/PARTNERJEXECUTIVE • E.L. EACH ACCIDENT $1,000,000 OFFICERJMEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Professional Liability DPR9930428 8/1512018 811512019 Each Claim $3,000,000 Aggregate $8,000,000 ./ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Agreement Number: TRAN1166, Agreement Name : Engineering Services. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 -) I ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: 6806H046886 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requ1nng insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: 6806H046886 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG DJ 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: 6806H046886 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY-NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NONRENEWAL: Number of Days Notice of Cancellation: 30 Number of Days Notice of Nonrenewal: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRI'lTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 00 12 09 © 2009 The Travelers lndemnrty Company Page 1 of 1 COMMERCIAL AUTO POLICY ENDORSEMENT -CA TS 04 01 16 POLICY NUMBER BA7276L522 ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** NOTICE OF CANCELLATION IT IS AGREED THAT: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION. AFTRR THE FIRST NA.MED INSDRED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2 . WE RECEIVE SUCH WRITTEN REQOEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE A.PPLICA.BLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SIT<'R WTTT'FN' R'RQTTRST li'ROM VOIT TO ITS_ PROVISIONS: A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NONPAYMENT OF PREMIUM WE WILL MA.IL NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR CANClil.LATJ:ON J:N Tim SCB~DUL~ llOW B~ll'ORE Tim EFFECTIVE DATE OF CANCELLATION. ...... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) Policy Number: UB6H924546 NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX-CONDITIONS: Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by ~u. we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ST ASSIGN: © 2013 The Travelers Indemnity Company. All rights reserved. Number of Days Notice 30 Page 1 of 3 ~ TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) Policy Number: UB6H924546 Name and Address of Designated Persons or Organizations: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. ST ASSIGN: © 2013 The Travelers Indemnity Company. All rights reserved. Number of Days Notice 30 Page 2 of 3 TRAVELER~ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) Policr Number: UB6H924546 Name and Address of Designated Persons or Organizations: All other terms and conditions of this policy remain unchanged. Number of Days Notice This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium$ Insurance Company Countersigned by _______________ _ ST ASSIGN: © 2013 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 WORKERS COMPE~SATIO~ A~D EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UB6H924546 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce om right against the person or org,mizati<m named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WBICF. TF.i:: NAMED INSURi::D F.AS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Job Description ,,.u. t.nc.-rno:--.:s Page 10 of 10