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HomeMy WebLinkAboutNV5 Inc; 2020-05-12; PSA20-1121TRANPSA20-1121TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR GEOTECHNICAL EVALUATION SERVICES NV5, INC. 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 NV5, INC., a California corporation, ("Contractor”). RECITALS City requires the professional services of a geotechnical consultant that is experienced in geotechnical evaluations. Contractor has the necessary experience in providing these professional services, 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”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be five thousand ten dollars ($5,010). No other compensation 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.” 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. 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. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. DocuSign Envelope ID: 8442F265-D712-4042-B7FA-1E033178DD8F 12th May PSA20-1121TRAN City Attorney Approved Version 6/12/18 2 6. 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. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 8. 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 Brandon Miles Name Jack Abcarius Title Associate Engineer Title Project Manager Department Public Works Address 15092 Avenue of Science, Suite 200 City of Carlsbad San Diego, CA 92128 Address 1635 Faraday Ave Phone No. 858.385.0500 Carlsbad, CA 92008 Email jack.abcarius@nv5.com Phone No. 760.602.2745 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: 8442F265-D712-4042-B7FA-1E033178DD8F PSA20-1121TRAN City Attorney Approved Version 6/12/18 3 9. 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☒ 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 16. 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. /// /// /// /// DocuSign Envelope ID: 8442F265-D712-4042-B7FA-1E033178DD8F PSA20-1121TRAN City Attorney Approved Version 6/12/18 4 CONTRACTOR NV5, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Carmen Kasner, Regional Managing Director (print name/title) By: (sign here) (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: 8442F265-D712-4042-B7FA-1E033178DD8F PSA20-1121TRAN City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 8442F265-D712-4042-B7FA-1E033178DD8F January 17, 2020 Mr. Brandon Miles, P.E., T.E. Associate Engineer Public Works – Transportation City of Carlsbad 405 Oak Ave, Carlsbad, CA 92008 VIA EMAIL: Brandon.Miles@carlsbadca.gov Subject: Proposal for Subgrade Evaluation & Pavement Section Recommendations Project: College Blvd, Right Turn Lane Addition Intersection of College Blvd and Palomar Airport Rd. Carlsbad, CA 92011 NV5 Proposal No. 2020.01.0007 Introduction NV5 West, Inc. (NV5) is pleased to provide this proposal for Subgrade Evaluation and Pavement Section Recommendations services in support of the subject project. It is our understanding that the overall purpose of this project is to provide pavement design services for the addition of a “Right Turn Only” lane on College Boulevard, onto westbound Palomar Airport Road within the City of Carlsbad. This proposal is based on a general understanding of the project location and our experience with similar projects. Proposed Scope of Services The purpose of our investigation is to gather information as to the mechanical properties of the underlying subgrade for the proposed lane addition, and prepare a pavement section recommendations based upon the data provided from the investigation and subsequent testing. Our proposed scope of services will include the following:  Review proposed test pit / hand auger locations.  Field reconnaissance of the site to mark out test pit / hand auger locations.  Field investigation of the in-situ subgrade. The investigation will consist of excavating with hand operated equipment two (2) test pits adjacent to the existing hardscape within the general area of the proposed lane addition. The purpose of the investigation is to visually classify the subgrade materials and obtain representative material to perform R-Value testing. The purpose being to obtain information to develop a pavement section recommendation. Subsequent to documenting the existing conditions, the hand-dug locations will be backfilled with the remaining spoils. All work will be performed outside of the existing hardscape; as such, it is assumed that no permitting or traffic control will be required.  Laboratory testing of two (2) samples for soil classification and R-Value. DocuSign Envelope ID: 8442F265-D712-4042-B7FA-1E033178DD8F Subgrade Evaluation & Pavement Section Recommendations Proposal No.: 2020.01.0007 Intersection of College Blvd and Palomar Airport Rd. Carlsbad, CA 92011 Page 2  Letter report providing pavement recommendations for the proposed lane addition will be developed based upon the laboratory test results and assumed traffic information (provided by the client). Schedule and Assumptions Upon receipt of notice to proceed, a site visit will be performed to mark the test pit locations. We will also call Underground Service Alert (USA) for underground utility locating at least 48 hours before any fieldwork. However, any available subsurface utility information should be provided to NV5 prior to initiating field exploration to reduce the potential for damaging existing utilities at the site. We have assumed that no permit or traffic control will be required as all work will be performed outside of the pavement and adjacent hardscape, just east of the existing right turn only lane on College Blvd. It is assumed that NV5 will be granted a right-of-entry for purposes of the field investigation. After receipt of the notice to proceed, it is estimated that the field investigation will be completed within five (5) working days. The laboratory testing and pavement design recommendations will be issued within five (5) working days after completion of the field investigation. Fee for Pavement Investigation Services We propose that our observation and testing services accrue on a time-and-materials basis based on the assumptions above, and identified in the attached Estimated Breakdown of Cost. We estimate that the fee for our services will be $5,010.00 (five thousand and ten dollars, and 00/100). If additional services outside of the scope included herein are requested, such services and cost will be agreed upon in advance of the services. Limitations Our services will be performed using the degree of care and skill ordinarily exercised under similar soil circumstances by a registered geotechnical engineer in the southern California area. No other warranty either express or implied will be made as to the conclusions and professional advice issued as a result of the proposed evaluation. Final assessment of the site conditions should be considered a professional opinion based on data obtained. NV5 appreciates the opportunity to be of service on this project. If you have any questions or require additional information, please do not hesitate to contact Joseph Bouknight at (858) 927-3606. Respectfully submitted, NV5 West, Inc. Joseph C. Bouknight, PE, Carl Henderson, PhD, PE, GE CMT Engineering Manager CQA Group Director (San Diego) JB:CH Attachments: Cost Estimate Proposal Acceptance Form NV5 General Terms and Conditions DocuSign Envelope ID: 8442F265-D712-4042-B7FA-1E033178DD8F SITE MARK OUT AND PROJECT COORDINATION (Review existing maps and documents) Staff Engineer/Geologist 4 hrs.@ $115.00 /hr.$460.00 Senior Engineer/Project Manager 2 hrs.@ $150.00 /hr.$300.00 Subtotal $760.00 FIELD EXPLORATION & LABORATORY TESTING (2 FIELD EXPLORATIONS) Senior Technician 8 hrs.@ $100.00 /hr.$800.00 Staff Engineer/Geologist 8 hrs.@ $115.00 /hr.$920.00 Sieve Analysis 2 tests @ $130.00 /test $260.00 Plasticity Index/Liquid Limit (Atterberg Limit)2 tests @ $150.00 /test $300.00 R-Value 2 tests @ $275.00 /test $550.00 Subtotal $2,830.00 ANALYSIS AND LETTER RECOMMENDATION Staff Engineer/Geologist 8 hrs.@ $115.00 /hr.$920.00 Senior Engineer/Project Manager 2 hrs.@ $150.00 /hr.$300.00 Principal Engineer 1 hrs.@ $200.00 /hr.$200.00 Subtotal $1,420.00 Estimated Total: $5,010.00 COST ESTIMATE FOR SUBGRADE EVALUATION City of Carlsbad, California Intersection of College Blvd. and Palomar Airport Rd. NV5 CQA Proposal No. 2020.001.0007 AND PAVEMENT SECTION RECOMMENDATIONS DocuSign Envelope ID: 8442F265-D712-4042-B7FA-1E033178DD8F The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$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. 4/25/2020 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Valley Forge Insurance Company 20508 NV5INC0-01 Continental Casualty Co.20443NV5,Inc.200 South Park Road,Suite #350Hollywood,FL 33021 Continental Insurance Company 35289 National Fire Ins.Hartford 20478 Berkley Insurance Company 32603 6917285 A X 1,000,000 X 1,000,000 X Cross Liab 15,000 X SeverofIntrst 1,000,000 2,000,000 X Y 6057040530 5/1/2020 5/1/2021 2,000,000 Deductible 0 B 1,000,000 X 6057040575 5/1/2020 5/1/2021 C X X 20,000,000 0 CUE6076054554 X 20,000,000 5/1/2020 5/1/2021 D N Y WC657040561 5/1/2020 5/1/2021 X 1,000,000 1,000,000 1,000,000 E ProfessionalLiability AEC903639504 5/1/2020 5/1/2021 Each ClaimAggregate $10,000,000$20,000,000 Re:Agreement Number :PSA20-1076TRAN.Agreement Name :Revetment Surveying Services.Additional Insured coverage applies to General Liability forCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Excess/Umbrella policy follows form overunderlyingpolicies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).Professional Liability -Claimsmadeform,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. 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 3DJH  RI  ,QVXUHG 1DPHNV5 Global, Inc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lobal, Inc. &RS\ULJKW&1$$OO5LJKWV5HVHUYHG,QFOXGHVFRS\ULJKWHGPDWHULDORI,QVXUDQFH6HUYLFHV2IILFH,QFZLWKLWVSHUPLVVLRQ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely 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 done under a contract with that person or organization and 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. SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Policy No: 6057040530 Policy No: 6057040530; 6057040575CUE6076054554 Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2020 © Copyright 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. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS &IVOPI]-RWYVERGI'SQTER]4EKISJ ;LIRIZIVTVMRXIHMRXLMW)RHSVWIQIRXXLIFSPHJEGIX]TIXIVQWWLEPPLEZIXLIWEQIQIERMRKWEWMRHMGEXIHMRXLI4SPMG]*SVQ%PPSXLIVTVSZMWMSRWSJ XLI4SPMG]VIQEMRYRGLERKIH -RWYVIH 2:+PSFEP-RG Policy Number AEC903639504 %YXLSVM^IH6ITVIWIRXEXMZI)JJIGXMZI(EXISJ8LMW)RHSVWIQIRX 05/01/2020 &(4  4SPMG]*SVQ&(4   Policy No: 657040558; 657040561 Form No: CC68021A (02-2013) Endorsement Effective Date: 05/01/2020 © 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 WC657040561 Policy No. WC657040561 20 Policy No. WC65704056120 Policy No. WC65704056120