HomeMy WebLinkAboutNV5 Inc; 2015-02-19; TRAN1173TRAN1173
RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT
FOR LAND SURVEYING AND ENGINEERING DESIGN SERVICES FOR REPAIR OF RIP-
RAP REVETMENT ADJACENT TO CARLSBAD BOULEVARD
NV5, INC
_.Z/Y/) }1is Ratification of Amendment No. 1 is entered into as of the day of .L (l fvC q/ , 2016 , but effective as of the 19th day of February,
2016, extending and amending the agreement dated February 19, 2015 (the "Agreement") by and
between the City of Carlsbad, a municipal corporation , ("City"), and NV5, Inc., a California
corporation, ("Contractor") (collectively, the "Parties") for land surveying and engineering services
required as part of the rip-rap repairs and 2015 emergency rip-rap repairs adjacent to Carlsbad
Boulevard and Encinas Creek.
RECITALS
A. The Agreement, as amended from time to time expired on February 19, 2016 and
Contractor continued to work on the services specified therein without the benefit of an
agreement; and
B. The Parties desire to alter the scope of work of the Agreement to perform additional
surveying and engineering design services for the rip-rap revetment failure areas north of Encinas
creek; and
C. The Parties desire to extend the Agreement for a period of one (1) year; and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee; and
E. The Parties desire to add prevailing wage language to the Agreement per the
requirement of the Director of Industrial Relations (DIR).
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this ratification to extend and amend, the total annual Agreement amount shall not exceed twenty
thousand dollars ($20,000.00).
4. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed twenty thousand dollars ($20,000.00).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include
hours performed, hourly rates, and related activities and costs for approval by City.
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5. Contractor will complete all work described in Exhibit "A" by February 19,2017.
6. The following prevailing wage language is added to the Agreement as paragraph
number 6 and subsequent paragraphs renumbered chronologically.
"The general prevailing rate of wages, for each craft or type of worker needed to execute
the contract, shall be those as determined by the Director of Industrial Relations pursuant
to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section
1773.2 of the California Labor code, a current copy of applicable wage rates is on file in
the office of the City Engineer. The contractor to whom the contract is awarded shall not
pay less than the said specified prevailing rates of wages to all workers employed by him
or her in the execution of the contract."
7. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
1) Perform additional engineering and land surveying work for the rip-rap revetment failures
north of Encinas creek. Additional services may include preparation of plans, surveying of
the revetment, preparation of agency permit applications, or construction staking. Any
additional work requested shall be done on a time and material basis.
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4
Office:
Exh ibit 'A'
NV S, Inc.
NV 5
Engineering Aide/Planning Aide ............................................................................................................................... $72.00 /hour
Project Assistant ............................................................................................................................................................. $98.00/hour
Project Administrator .................................................................................................................................................. $122.00/hour
CADD Technician I .................................................................................................................................................... $107.00/hour
CADD Technician II .................................................................................................................................................. $133.00/hour
CADD Technician III ................................................................................................................................................. $139.00/hour
Senior CADD Technician/Designer ........................................................................................................................ $148.00/hour
Design Supervisor ........................................................................................................................................................ $173.00 /hour
Junior Engineer/Planner/Surveyor .......................................................................................................................... $128.00/hour
Assistant Engineer/Planner/Surveyor ..................................................................................................................... $148.00 /hour
Associate Engineer/Planner/Surveyor .................................................................................................................... $168.00/hour
Senior Engineer/Planner/Surveyor .......................................................................................................................... $180.00 /hour
Manager ......................................................................................................................................................................... $203.00/hour
Structural Engineer ...................................................................................................................................................... $180.00/ hour
Associate ........................................................................................................................................................................ $225.00 /hour
PrincipaL ....................................................................................................................................................................... $260.00 /hour
Field:
1-Person Survey Crew (GPS)(Robotic) ................................................................................................................... $164.00/hour
1-Person Survey Crew ................................................................................................................................................. $129.00/hour
2-Person Survey Crew ................................................................................................................................................. $257.00/hour
Survey Manager ........................................................................................................................................................... $199.00/hour
Expenses:
Plotting and In-house Reproduction ............................................................................................................................ 1.15 x Cost
Subsistence ........................................................................................................................................................................ 1.15 x Cost
Other Expenses -Including Subconsultants & Purchased Settees through Subcontracts .................................. 1.15 x Cost
Mileage -Outside local area ......................................................................................................................... Per accepted IRS rate
Field surveying rates are based on "Prevailing Wage" as determined by Project and County per California law. These rates
are effective through December 31, 2016. If the contract assignment extends beyond that date, a new rate schedule will
added to the contract. Litigation support will be billed at $300.00 per hour.
Effective 1 /1 /16
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AGREEMENT FOR LAND SURVEYING AND ENGINEERING DESIGN SERVICES FOR
REPAIR OF RIP-RAP REVETMENT ADJACENT TO CARLSBAD BOULEVARD
NVS, INC.
^ THIS AGREEMENT is made and entered into as of the jay of
y-A/hr-ji/\/ , 2015, by and between the CITY OF CARLSBAD, a municipal
corporation7( City;;^and NVS, INC., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a land surveying and engineering firm
that is experienced in surveying and engineering design.
B. Contractor has the necessary experience in providing professional services and
advice related to coastal land surveying and engineering design.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A" and included in the proposal from NVS, Inc., dated
January 7, 2015, attached and incorporated by this reference in accordance with the terms and
conditions set forth in this Agreement.
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.
4. TIME IS OF THE ESSENCE
Time is ofthe essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed will be made on a fime and material basis
for an amount not to exceed fifteen thousand dollars ($15,000). No other compensafion for the
Services will be allowed except for items covered by subsequent amendments to this Agreement.
City reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or the Services specified in Exhibit "A."
Incremental payments, if applicable, should be made as oufiined in attached Exhibit "A".
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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' compensafion 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 contribufion, social security, overtime payment, unemployment
payment or wori<ers' 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 indemnificafion 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
relafionship 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 tp employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this secfion, and that this
section will survive the expirafion 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, representafives, 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-:Vir'. OR with a surplus
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line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amounL These minimum amounts of coverage will
not consfitute any limitafions or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation thatthe limits ofthe
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 addifional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's
work for City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensafion and Emplover's Liabilitv. 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 stafing this.
10.1.4 Professional Liabilitv. 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.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
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 Nofice provisions of this Agreement.
10.3 Providinq 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 Coveraqe. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
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replacement insurance or pay the premiums that are due on exisfing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.S Submission of Insurance Policies. City reserves the right to require, at anytime, 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 inspecfion 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 notices or to receive written nofice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name John Maashoff Name Jack Abcarius
Title PW Superintendent Title Associate Engineering Manager
Department Transportation Address 15070 Avenue of Science, Ste 100
City of Carlsbad San Diego, CA 92128
Address 405 Oak Avenue Phone No. 858 385 0500
Carlsbad, CA 92008 Email iack.abcarius(a)nv5.com
Phone No. 760 434 2856
Each party will notify the other immediately of any changes of address that would require any
nofice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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 regulafions.
Contractor will be aware ofthe requirements ofthe 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 regulafions prohibiting
discriminafion 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 representafive receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolufion thus obtained is unsafisfactory
to the aggrieved party, a letter oufiining the disputes will be fonwarded to the City Manager. The
City Manager will consider the facts and solufions recommended by each party and may then opt
to direct a solufion to the problem. In such cases, the acfion 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 nonperformanca by notifying Contractor by certified mail of the
terminafion. If City decides to abandon or indeflnitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notificafion of terminafion. 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 ofthe 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 ofthe Agreement.
Either party upon tendering thirty (30) days written nofice 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 terminafion date; however, the total will not exceed the lump sum fee payable
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under this Agreement. City will make the final determinafion as to the portions of tasks completed
and the compensafion 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 considerafion
confingent upon, or resulting from, the award or making of this Agreement. For breach or violafion
of this warranty, City will have the right to annul this Agreement without liability, or, in its discrefion,
to deduct from the Agreement price or considerafion, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or confingent 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 anficipafion
of lifigafion or in conjuncfion with litigafion. 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 secfions 12650 et seq..
the False Claims Act applies to this Agreement and, provides for civil penalfies 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 jurisdicfion is
grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any acfion 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 jurisdicfion 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 respecfive successors. Neither this Agreement or 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 wrifing signed by both parties.
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26. AUTHORITY
The individuals execufing 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 condifions of this Agreement.
CONTRACTOR
NVS, INC., a California corporafion
By:
(sign here)
Carmen Kasner - Regional Chief Executive
(print name/title)
Maryjo O'Brien - Corporate Secretary
(print name/title)
CITY OF CARLSBAD, a municipal
corporafion ofthe State of California
City Manager Of'Division Director
as authorized by the City Manager
Patrick Thomas
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporafion, 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
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CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
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County of v^G.v^
On ^Vo Hj2^/C before me, l^v-^ W SJT) i A^P-j^ H-y ?0 b 11C
Date ' Here lnsert<^me and Title of the Officer / T
personally appeared Oo rmH/A K(>LS>YMir Our\ol {Y)Oiry^hi O'fineK
Name(s) of Signer(s)
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who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/herAheir 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 PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature:,
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
RIGHT THUMBPRINT
OF SIGNER
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:.
Top of thumb here
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thunnb here
S 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)
NiVI5
NVS, INC.
CORPORATE RESOLUTION
The undersigned, MaryJo O'Brien, does hereby certify, on behalf of NVS, Inc., a
Califomia corporation (the "Corporation"), that:
1) She is an officer ofthe Corporation and is duly authorized to respond on behalf of
the Corporation; and
2) She is familiar with the corporate structure of the Corporation and its affiliates;
3) She is appointed as Secretary of the Corporation by NVS, Inc.
4) She is duly authorizing Carmen Kasner, Regional Chief Executive for NVS, Inc.,
to act on the behalf of the Corporation for the purpose of executing contracts with
the City of Carlsbad up to a contract value of $S00,000.
IN WITNESS WHEREOF, the undersigned has affixed her signature this 4* day of
February, 2015.
MaryJo O'BriMl, Secretary
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EXHIBIT "A"
SCOPE OF SERVICES
1) Contractor shall provide all services necessary to identify, survey, locate and stake the
Army Corps of Engineers jurisdictional boundary at the project site. All work necessary to
stake the jurisdicfional boundaries shall be done on a time and material basis, not to
exceed $5,500.00, in accordance with the hourly rates set forth in the attached rate
schedule.
2) Perform additional engineering and land surveying work as may be requested by the city
during the durafion of the agreement. Additional services may include preparafion of
plans, surveying of the revetment, preparafion of agency permit applicafions, or
construcfion staking. Any addifional work requested shall be done on a fime and material
basis, not to exceed $9,500.00, in accordance with the houriy rates set forth in the
attached rate schedule.
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NIV5
BEYOND ENGINEERING
Exhibit "A"
January 7, 2015
Mr. John Maashoff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Via E-mail: john.maashoff@carlsbadca.gov
SUBJECT: Blow-Out of Revetment along Carlsbad Blvd, Carlsbad, CA
Dear John:
Per your discussions with Jack Abcarius and myself, please find our proposal to provide professional
surveying services adjacent to the recent "Blow-Out" of a revetment that is located approxmiately 460'
southerly ofthe Encinas Creek Bridge, along Carlsbad Blvd. For the estimated cost, as shown below,
we propose to perform the following:
• Work with City of Carlsbad staff, their consultants, and other agencies, as needed, to determine
what elevations shall be set.
• Set 2 to 5 stakes in the area westerly of die blow-out at an elevation, as directed, for viewing
purposes.
As you are aware, the elevations along the beach are subject to change and variations over a short
period of time. Tlie stakes we set shall have an approximate vertical tolerance of +1- 0.10 feet;
however, because the material (probably sand) that the stakes are set into is unstable, the elevation of
the stake itself could change. The Benchmark used for this project has an elevation in terms of
National Geodetic Vertical Datum of 1929 (NGVD 29). To translate NGVD 29 elevations to
MLLW elevations, we shall rely on "San Diego Regional Drawing M-12 (Datums)" which shows a
difference of 2.88 feet between MLLW and NGVD 29 elevations of'0.00'. (See Construction Notes
A & B and Note 1 on Sheet 3 of the Improvement Plans for Las Encinas Creek Bridge, Project No.
3919) Because of the shifting nature of the coastline, the stakes will only indicate the elevation
at the time that they are set and may not represent actual jurisdictional boundaries or any
Tidal/Water Levels.
The above work shall be done on a time and materials basis, not to exceed $5,500.00, in accordance
with the hourly rates set forth in the attached Exhibit A. Any work or reports outside of the above
scope shall be in accordance with Exhibit A upon written or email authorization.
OFFtCES NAliO(4W!CE
I5070 AVENUE OF SCIENCE. STE lOO | SAN DIEOO. CA 92128 | WWW.NV5,COM 1 OFRCE 858.385.0500 | FAX 858.385.0400
CONSTRUCTION OUOLITT ASSUBANCE • INFRASTHUCTURE ENGINEERIHO MUNICIPAL OUTSOURCING - ASSET MANAGEMENT - ENVIRONMENTAL SERVICES
Work for the above can be completed within 3-5 working days of authorization to proceed, weather
permitting. Please feel free to contact me if you have any questions regarding this proposal. We
look forward to working with you on this phase of the project.
joel Paulson,
Senior Surveyor
OFFICES IJATU JrJAiDE
I5070 AVENUE OF SCIENCE. STE too | SAN DIEGO. CA 92128 | WWW.NV5.COM | OFFICE 858.385.0500 | FAX 858.385.0400
CONSTRUCTION OUALITI ASSURANCE - INFRASTRUCTURE ENGINEERING - MUNICIPAC OUTSOURCING - ASSET MANAGEMENT - ENVIRONMENTAL SERVICES
EXHIBIT 'A'
NVS, INC.
Southern California
2015 Cliarge Rates Schedule
Office:
Technical Services
Er^ineering Aide/Plannir^ Aide $70.00/hour
Project Assistant $96.0Q/hour
Project Administrator $120.00/hour
GADD Technician I $105.00/hour
CADD Technician II $130.00/hour
CADD Technician m $136.00/hour
Senior C/\DD Technician/Designer $145.00/hour
Design Supervisor $170.00/hour
Professional
Junior Engineer/Planner/Surveyor $125.00/hour
Assistant Engineer/Planner/Surveyor $145.00/hour
Associate Er^ineer/Planner/Surveyor $165.00/hour
Senior Engineer/Planner/Surveyor $176.0C/hour
Manager $199.00/hour
Structural Engineer $176.00/hour
Associate $221.00/hour
Principal $255.00/hour
Field:
Construction Management
Junior Field Engineer $118.00/hour
Assistant Field Engineer $140.00/hour
Associate Field Engineer $152.00/hour
Senior Field Engineer $159.00/hour
Constmction Manager $174.00/hour
Surveying
1-PeKon Survey Crew (GPS) (Robotic) $161.00/hour
1- Pereon Survey Crew $126.00/hour
2- Peison Survey Crew $252.00/hour
Survey Manager $199.00/hour
Expenses:
Plottii^ and In-house Reproduction 1.15 x Cost
Subsistence 1.15 x Cost
Other Expenses - Including Subconsultants & Purchased Services through Subcontracts.. 1.15 x Cost
Mileage - Outside local area Per accepted IRS rate
Rates are effeaive through December 31,2015. If contract assignment extends beyond that date, a
new rate schedule will be added to the contract. Litigation suppon will be billed at $300.00 per hour.
Rates based on "Prevailing Wage" for Constmaion Management and Surveying will be determined
by Projea and County per Califomia law.
Effective 1/1/15 N:\sdb044900\Doc\Proposal\Exhibit Al.doc
COUNTY OF SAN DtEGO
cmr OF SAN DIEGO
U^.C. & 6. (LAND)
U.S.G.S. STAFF
PORT OF SAN DIEOO
U.S.C. & G.
(BAY CHART)
S— 6.12
HIGHESrin)E
MEAN mm WATER-
MEAN mi WATER-
MEAN SEA LEVEL-
4.91
5— 0-
MEAN LOWER
LOW WATER ~
LOWEST TOE-
2.88
5.06 -
9.00
7.79 •
5.61-
4.89 •
2.88
2.18
LEGEND
U.S.C. & G. = United States Coast and Geodetic Survey.
U.S.G.S. = United States Geological Survey.
MEAN HIGH WATER = Mean of oil high water in San Diego Bay.
MEAN HK^ER WATER = Mean of all higher water in San Diego Bay.
Boy charts and topography up to the mean
high tide based on zero at the mean lower
low woter.
SOURCE
Doto based on U.S.C. & G. "Sea level Dotum of 1929".
OLD OTY OF
sm OCGO STAFF
(PRIOR TO MARCH 1963)
-0
-1.21
•3.39
•4.11
•6.12
-9.00
-11.18
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE
ORIGINAL Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE
Add Matric T. Stanton 03/03
DATUMS
RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE
Reviewed T. Stanton 04/06 DATUMS Ch3nj£on R.C.E. 19246 Date
Delete Metric 0. Gerachoffsi 05/12
DATUMS
DRAWING M fo
NUMBER
DATUMS
DRAWING M fo
NUMBER