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HomeMy WebLinkAboutGlenn A Rick Engineering and Development Co; 2020-07-06; PSA20-1147TRANPSA20-1147TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CARLSBAD BOULEVARD CROSSWALK IMPROVEMENT PROJECT GLENN A. RICK ENGINEERING AND DEVELOPMENT CO. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and GLENN A. RICK ENGINEERING AND DEVELOPMENT CO., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in design services and construction support for crosswalk improvements. B. Contractor has the necessary experience in providing professional services and advice related to design services and construction support for crosswalk improvements. C. Contractor has submitted a proposal to City under RFP20-1119TRAN and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be fifty-three thousand three hundred ninety-five dollars ($53,395). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed five thousand dollars ($5,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D 6th July PSA20-1147TRAN City Attorney Approved Version 6/12/18 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes 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 DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D PSA20-1147TRAN City Attorney Approved Version 6/12/18 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 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 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 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. 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D PSA20-1147TRAN City Attorney Approved Version 6/12/18 4 maintain insurance and 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. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Miriam Jim Name Mark Jugar Title Senior Engineer Title Project Manager Department Public Works Address 5620 Friars Rd City of Carlsbad San Diego, CA 92110 Address 1635 Faraday Ave Phone No. 619-908-3535 Carlsbad, CA 92008 Email mjugar@rickengineering.com Phone No. 760-268-4796 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. DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D PSA20-1147TRAN City Attorney Approved Version 6/12/18 5 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. Yes ☒ No ☐ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D PSA20-1147TRAN City Attorney Approved Version 6/12/18 6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide 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, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D PSA20-1147TRAN City Attorney Approved Version 6/12/18 7 26.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California GLENN A. RICK ENGINEERING AND DEVELOPMENT CO., a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Kevin R. Gibson / Vice-President (print name/title) ATTEST: By: for Barbara Engleson, City Clerk (sign here) Timothy W. Gabrielson / Vice President (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D June 16, 2020 Miriam Jim, PE, TE Senior Engineer City of Carlsbad – Public Works Traffic & Mobility Division 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: PROPOSAL FOR THE PLANS, SPECIFICATIONS, AND OPINION OF PROBABLE COST FOR THE CARLSBAD BOULEVARD CROSSWALK IMPROVMENT PROJECT IN THE CITY OF CARLSBAD (RICK ENGINEERING COMPANY NUMBER 19212) Dear Miriam: Pursuant to your request, Rick Engineering Company (RICK) is pleased to present this proposal to provide professional civil and traffic engineering services for the subject project. Specifically, this proposal is to prepare plans, specifications, and an opinion of probable cost to provide pedestrian crossing improvements at the following six (6) existing uncontrolled pedestrian crosswalks along Carlsbad Boulevard: 1)Carlsbad Boulevard @ Army and Navy Academy 2)Carlsbad Boulevard @ Oak Avenue3)Carlsbad Boulevard @ Sycamore Avenue4)Carlsbad Boulevard @ Maple Avenue5)Carlsbad Boulevard @ Cherry Avenue 6)Carlsbad Boulevard @ Hemlock Avenue The proposed improvements included pedestrian-activated in-pavement roadway warning lights to augment existing RRFB’s; bulb-out curb extensions (where feasible); continental style high visibility crosswalks and green bicycle lane treatments in conflict area. The following is a summarized scope and fee for the services: I.SCOPE OF WORK: 1)Project Management a.The following meetings are proposed for this project:One (1) kick-off meeting PSA20-1147TRAN Exhibit A DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D Ms. Miriam Jim, PE, TE June 16, 2020 Page 2 of 6 It is intended to review/discuss the preliminary design parameters at each of the six locations as well as obtain any available information from City of Carlsbad records. Including, but not limited to as-built plans (roadway, utilities, signing/striping, etc.), boiler plate specifications, exhibits, street light fixture type, traffic count data and other relevant project design information/data. One (1) coordination meeting to review/discuss 60% submittal comments One (1) coordination meeting to review/discuss 100% submittal comments Meeting agenda and minutes will be prepared by RICK for the above-referenced meetings. b)Prepare a project progress report summary for each monthly project invoice that is submitted to the City. 2) Data Collection and Existing Conditions a.Conduct a field condition review to obtain existing relevant conditions and/orequipment/appurtenances. b. Coordinate with SDG&E to obtain location of existing facilities within the projectarea.c.Conduct field surveys at the six (6) locations to obtain the following existingconditions: pedestrian ramps, curb returns, raised median islands, signing/striping,street light poles, RRFB pole locations, and relevant above-ground utilities. 3)Project Design (60% and 100% Design) Engineering drawings, specifications, and cost estimates for the project. Design shallinclude two milestones; 60% and 100% design. Engineering drawings include civil improvements, signing and striping, and electrical design plans. The design at the six (6) existing pedestrian crosswalk locations shall include the following elements: a.In-pavement Roadway Warning Lights – Installation of in-pavement roadway warning lights per CA MUTCD to augment existing RRFBs operations. The in- pavement roadway warning lights proposed shall be compatible and operate in conjunction with the existing RRFBs. RICK will coordinate with the necessary manufacturer’s and/or vendors to ensure in- pavement roadway lighting capability with the existing TAPCO RRFB systems at the six locations. b. Evaluation and design of bulb-out/curb extension at crosswalks – Based on preliminary assessment by city staff, the following locations have been recommended for bulb-out/curb extension at each of the six (6) pedestrian crosswalks. •Location 1 – Between Mountain View Drive and Cypress Avenue: Both sides of crosswalk •Location 2 – Oak Avenue: East side of crosswalk •Location 3 – Sycamore Avenue: West side of crosswalk •Location 4 – Maple Avenue: None PSA20-1147TRAN Exhibit A (continued) DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D Ms. Miriam Jim, PE, TE June 16, 2020 Page 3 of 6 •Location 5 – Cherry Avenue: West side of crosswalk •Location 6 – Hemlock Avenue: West side of crosswalk Evaluate and provide recommendations on the feasibility of bulb-out/curb extensive at each crosswalk location. RICK will provide recommendations on bulb-out/curb extension location(s) at each crosswalk location based on field survey information collected in Task 2 for City’s review and approval prior to commencing design work. c.Continental Style High-Visibility Crosswalk – The existing ladder type crosswalk markings to be revised to continental style crosswalk per City’s requirements. d.Green Bike Lane Treatment – Green bike lane treatment to be added at conflict areas approaching crosswalks and intersections in accordance with NACTO Urban Bikeway Design Guide. e.Conversion of Solar Power to AC Power – All existing RRFBs installed are solar- powered. City would like to convert all solar-powered RRFBs to be AC-powered such that RRFBs operation would not be interrupted due to weather conditions. Likewise, the new in-pavement roadway warning lights should be AC powered. Provide design for converting the existing solar-powered system to AC powered. AC power source could be from existing streetlight circuits or SDG&E service points. Design services should include all coordination effort with SDG&E. If service points option is used, it shall be shown on the plans with all SDG&E connections and requirements. RICK will provide the necessary service point coordination with SDG&E pertinent to the proposed design at each location. f.Crosswalk Lighting Evaluation and Design – Include evaluation of existing lighting conditions at each of the six (6) crosswalk locations and design of new crosswalk lighting where needed. RICK will prepare photometric lighting exhibits utilizing AGI32 Illumination Engineering software to show adequacy of existing and proposed lighting conditions at each of the six crosswalk locations. It is anticipated to prepare up to twelve (12) “D” size (24”x36”) plan sheets for this project as outlined below: 1.Title Sheet 2.Carlsbad Boulevard @ Army and Navy Academy – In Pavement Lighting/RRFB Mod./Signing & Striping Sheet 3.Carlsbad Boulevard @ Army and Navy Academy – Civil Improvement Sheet PSA20-1147TRAN Exhibit A (continued) DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D Ms. Miriam Jim, PE, TE June 16, 2020 Page 4 of 6 4. Carlsbad Boulevard @ Oak Avenue – In Pavement Lighting/RRFB Mod./Signing & Striping Sheet 5.Carlsbad Boulevard @ Oak Avenue – Civil Improvement Sheet 6.Carlsbad Boulevard @ Sycamore Avenue – In Pavement Lighting/RRFB Mod./Signing & Striping Sheet 7.Carlsbad Boulevard @ Sycamore Avenue – Civil Improvement Sheet 8.Carlsbad Boulevard @ Maple Avenue – In Pavement Lighting/RRFB Mod./Signing & Striping Sheet 9.Carlsbad Boulevard @ Cherry Avenue – In Pavement Lighting/ RRFB Mod./Signing & Striping Sheet 10.Carlsbad Boulevard @ Cherry Avenue – Civil Improvement Sheet 11. Carlsbad Boulevard @ Hemlock Avenue – In Pavement Lighting/ RRFB Mod./Signing & Striping Sheet 12.Carlsbad Boulevard @ Hemlock Avenue – Civil Improvement Sheet RICK will provide signed mylar sheets of the final approved design plans. 4)Construction Support Services and As-built Drawingsa.Includes responding to RFIs, providing design changes during construction. Attendance of up to two (2) on-site meetings are assumed. b. Upon construction completion, review any relevant contractor redlines and prepare As-built Drawings for City of Carlsbad records. II.APPROXIMATE FEES (Time & Materials Not To Exceed) The proposed services will be performed on a time and materials basis per our current schedule of hourly rates (enclosed), not to exceed a fee of $52,795. Work not specifically described under the scope of work is excluded from this agreement. Printing costs and expenses are extra and will be billed at the cost incurred by Rick Engineering Company not to exceed $600. The fees break down as follows: 1.Project Management ..........................................................................................$ 5,140.00 2.Data Collection/Existing Conditions/Surveying .....................………………..$ 14,675.00 3. Project Design (60% and 100%)…………….…………………… ..................$ 28,075.00 4. Construction Support Services and As-Built Drawings…..…… ......................$ 4,905.00 Subtotal: $ 52,795.00 Expense Budget .................................................................................................$ 600.00 Total: $ 53,395.00 Fees and expenses will be billed monthly as the work progresses and the net amount shall be due upon receipt of the invoice. PSA20-1147TRAN Exhibit A (continued) DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D Ms. Miriam Jim, PE, TE June 16, 2020 Page 5 of 6 III.ADDITIONAL SERVICES 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 and they may need to be provided byothers. A.Changes in scope of work directed and authorized by client, in writing, after the start ofwork. B.Technical studies. C.Environmental work of any nature. D.Soils engineering services. E.Major design changes to the proposed improvement plans. F.Coordination with, and transmittals to, the construction contractors or any governingagency aside from the City of Carlsbad. G.Construction staking and computing. H.Inspection services and construction management services. I.Jobsite safety services. J.Preparation of a response to any enforcement action. K.Meetings or consultation outside the above scope of work. IV. CONTRACT EXECUTION It is understood that this letter scope and fee will be incorporated as an exhibit to a city of Carlsbad standard contract format for formal executions. If notice is delayed for any reason beyond thirty (30) 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 agreement, please contact me at (619) 291-0707 or mjugar@rickengineering.com. Thank you for requesting Rick Engineering Company to provide these services. Sincerely, RICK ENGINEERING COMPANY Mark M. Jugar, PE, TE, PTOE R.C.E. No. 66939 Associate K:\Files\19212\Proposal\19212.001.doc Enclosures PSA20-1147TRAN Exhibit A (continued) DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D Hourly Rates – California Offices January 1, 2020 – August 28, 2020 _____________________________________________________________________________________________________________________________________ Rates subject to change for prevailing wage contracts. When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. Page 6 of 6 Principal Consultant (Special Projects) .............................. $280.00 Principal ............................................................................... 250.00 Associate Principal ............................................................... 235.00 Associate/Manager ............................................................... 220.00 Expert Witness ..................................................................... 400.00 Court Appearance per half day or part............................... 1,600.00 Director of Land Development ........................................... $215.00 Principal Project Engineer/Manager ..................................... 195.00 Associate Project Engineer/Manager .................................... 180.00 Assistant Project Engineer/Manager ..................................... 165.00 Principal Engineering Designer ............................................ 145.00 Associate Engineering Designer ........................................... 135.00 Assistant Engineering Designer ............................................ 120.00 Principal Engineering Drafter ............................................... 115.00 Associate Engineering Drafter .............................................. 105.00 Assistant Engineering Drafter ................................................ 95.00 Principal Construction Engineer/Manager .......................... $195.00 Associate Construction Engineer/Manager .......................... 180.00 Assistant Construction Engineer/Manager ........................... 165.00 Principal Construction Technician ....................................... 145.00 Associate Construction Technician ...................................... 135.00 Assistant Construction Technician ....................................... 120.00 Senior Transportation/Traffic Engineer .............................. $205.00 Principal Transportation/Traffic Engineer ............................ 195.00 Associate Transportation/Traffic Engineer ........................... 180.00 Assistant Transportation/Traffic Engineer ............................ 165.00 Principal Transportation/Traffic Designer ............................ 145.00 Associate Transportation/Traffic Designer ........................... 135.00 Assistant Transportation/Traffic Designer ............................ 120.00 Principal Community Planner ............................................ $215.00 Principal Project Planner/Manager ....................................... 195.00 Associate Project Planner/Manager ..................................... 180.00 Senior Planner ...................................................................... 170.00 Associate Planner ................................................................. 135.00 Assistant Planner .................................................................. 115.00 Planning Technician ............................................................... 90.00 Principal Landscape Architect ............................................ $215.00 Principal Project Landscape Architect/Manager ............... 185.00 Associate Project Landscape Architect/Manager ............. 160.00 Assistant Project Landscape Architect/Manager ............... 125.00 Principal Landscape/Urban Designer ................................ 115.00 Associate Landscape/Urban Designer ............................... 110.00 Assistant Landscape/Urban Designer ................................ 100.00 Principal Environmental Project Manager .......................... $180.00 Associate Environmental Project Manager ........................... 160.00 Assistant Environmental Project Manager ........................ 140.00 Principal Environmental Specialist.................................... 125.00 Associate Environmental Specialist .................................. 120.00 Assistant Environmental Specialist ................................... 115.00 Environmental Technician ................................................... 95.00 Principal Water Resources Designer ................................. $145.00 Associate Water Resources Designer .................................. 135.00 Assistant Water Resources Designer ................................... 120.00 GIS Manager ..................................................................... $190.00 Principal GIS Project Manager ............................................ 175.00 Associate GIS Project Manager ........................................... 160.00 Assistant GIS Project Manager ............................................ 140.00 Principal GIS Analyst .......................................................... 130.00 Associate GIS Analyst ......................................................... 120.00 Assistant GIS Analyst .......................................................... 110.00 Principal Graphics Designer ................................................ 120.00 Associate Graphics Designer ............................................... 115.00 Assistant Graphics Designer ................................................ 100.00 CAD Manager ..................................................................... 180.00 Field Supervisor ................................................................. $195.00 One-person Survey Party ..................................................... 145.00 One-person Survey Party with Robotics .............................. 195.00 Two-person Survey Party .................................................... 230.00 Three-person Survey Party .................................................. 300.00 3D Laser Scanning Crew (One-Person) ............................. $225.00 3D Laser Scanning Crew (Two Person) .............................. 270.00 Principal 3D Laser Scanning Project Manager .................. $185.00 Associate 3D Laser Scanning Project Manager ................... 170.00 Assistant 3D Laser Scanning Project Manager .................... 155.00 Principal 3D Laser Scanning Specialist ............................... 135.00 Associate 3D Laser Scanning Specialist .............................. 125.00 Assistant 3D Laser Scanning Specialist ............................... 115.00 Principal 3D Laser Scanning Technician ............................. 115.00 Associate 3D Laser Scanning Technician ............................ 100.00 Assistant 3D Laser Scanning Technician............................... 90.00 Photogrammetry Supervisor .............................................. $185.00 Principal Photogrammetrist ................................................. 130.00 Associate Photogrammetrist ................................................ 115.00 Assistant Photogrammetrist ................................................. 105.00 Computing & Mapping Director ........................................ $195.00 Principal Survey Analyst ..................................................... 180.00 Associate Survey Analyst .................................................... 140.00 Assistant Survey Analyst ..................................................... 120.00 Associate Project Administrator .......................................... $80.00 Assistant Project Administrator ............................................. 70.00 Administrative Assistant ........................................................ 75.00 PSA20-1147TRAN Exhibit A (continued) DocuSign Envelope ID: D871B3AB-D915-46DA-AFA8-63B62261D86D The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$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. 12/26/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com XL Specialty Company 37885 RICKENG-01 Valley Forge Insurance Company 20508GlennARickEngineeringandDevelopmentCompanydbaRickEngineeringCompany5620FriarsRoadSanDiegoCA92110 Continental Casualty Co.20443 Continental Insurance Company 35289 Amer Cas.Co of Reading,PA 1794449378 B X 1,000,000 X 1,000,000 X Contractual Liab 15,000 X Separation of In 1,000,000 2,000,000 X X X Y 6076046485 1/1/2020 1/1/2021 2,000,000 Deductible 0 C 1,000,000 X XX 6076046499 1/1/2020 1/1/2021 D X X 10,000,000 0 6076046504 X 10,000,000 1/1/2020 1/1/2021 E Y 6076046521 1/1/2020 1/1/2021 X 1,000,000 1,000,000 1,000,000 A ProfessionalLiability DPR9947349 8/15/2019 8/15/2020 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 theywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 01/01/2020 01/01/2020 01/01/2020 01/01/2020 3ROLF\1R6076046521 6076046521 Effective Date: 01/01/2020 Named Insured: Rick Engineering Company Endorsement Effective Date: 01/01/2020