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HomeMy WebLinkAboutO'Day Consultants Inc; 2018-11-28; PSA19-586CAMASTER AGREEMENT FOR SURVEYING SERVICES O'DAY CONSULTANTS, INC. PSA 19-586CA ""--, Tlj,IS AGREEMENT is made and entered into as of the 2Bth-, day of J>i 9\J:t}Y\~ , 2018, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and O'Day Consultants, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a consulting firm that is experienced in surveying. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to surveying. D. Contractor has submitted a proposal to CMWD under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager''). The Executive Manager (or designee) or General General Counsel Approved Version 6/12/18 PSA 19-586CA Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($100,000) per agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 2 General Counsel Approved Version 6/12/18 PSA 19-586CA 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad 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 willful misconduct or negligent act or omission 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, 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 CMWD 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 CMWD). $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 CMWD's satisfaction, a declaration stating this. 3 General Counsel Approved Version 6/12/18 PSA 19-586CA 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 CMWD will be named as an additional insured on 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD 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. CMWD 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 CMWD 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 CMWD. 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 CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 4 General Counsel Approved Version 6/12/18 PSA 19-586CA 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD: Name Eleida Felix Yackel Title Senior Contract Administrator Dept Public Works Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone 760-602-2767 For Contractor: Name Title Address Phone Email Pat N. O'Day Project Manager 2710 Loker Ave West, Suite 100 Carlsbad, CA 92010 760-931-7700 pato@odayconsultants.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes [8J No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and 5 General Counsel Approved Version 6/12/18 PSA 19-586CA 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 Executive Manager. The Executive 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 Executive 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, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD 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, CMWD 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 CMWD 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 CMWD, 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 CMWD 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 6 General Counsel Approved Version 6/12/18 PSA 19-586CA 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 CMWD 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 CMWD 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 CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 General Counsel Approved Version 6/12/18 PSA 19-586CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 2018. CONTRACTOR O'Day Consultants, Inc., a Californi corporation By: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the ity of Carlsbad By: ATTEST: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group 8 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, General Counsel 8 General Counsel Approved Version 6/12/18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of S: {.)..fl U i2 0 -V u On O {!__fnjJ{/?...., .ii-1 ;2-, o I g before me, L Ll. 1 (!-, Date Here In rt Name and Tit e of the Officer personally appeared :P a,fx._1.l6, ;J, ~ 'l>f), 1 Name(s) of Signer(s) 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/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ············1 LUPE ORTEGA J@.·· :_ .~. Notory Public -California z ~ _ h-:: ,.; · San Diego County ! z · .. -Commission# 2195510 My Comm. Expires Jun 1, 2021 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended_ document. n , . · r 'N t', ._;, j_,, I / {;.,JJ/J Description of Attached DocumenJ 1tJ1 am.+!tZf c° '...>u,Vl'1 1 J 1"' Title or Type of Document: , · o f!. A. s /ti s ·,{ __7t Document Date: 1C /01 kw£ Number of Pages: 15 Named Above: ' Capacity(ies) Cl,a_imed by Signer(s) Signer's Name: 11~ fp,_ i CJ<.. rJ, 0 1 Ud':j Signer's Name: ___________ _ i],('Corporate Officer -Title(s): -?Rt s 1d&f f Ste. Kt:k:it-1• Corporate Officer -Title(s): ______ _ • Partner -Cl Limited • General 1 • Partner -• Limited • General [I Individual I I Attorney in Fact • Individual l l Attorney in Fact ll Trustee I J Guardian or Conservator • Trustee l] Guardian or Conservator f I Other:----------,,,-------• Other: _____________ _ Signer Is Representing: O I oa7 Co,J;;v...(/p;ds 'Jd(:.,. Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PSA 19-586CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of surveying tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Arial Surveying/Photogrammetric Services B. Geographic Information Systems(GIS) C. Potholing D. Property Acquisition Plats and Legals Requests for work not listed above must be contracted under separate agreement. 9 General Counsel Approved Version 6/12/18 0"'~~ C. ·zE . . ~SA-. 1v1 ngrneenng • uroeymg Certified: SDVOSB • DVBE • SBE • SLBE SCHEDULE OF HOURLY BILLING RA TES OFFICE ENGINEERING Project Manager Project Engineer Design Engineer AutoCad Technician Engineering Technician Engineering Intern July 1, 2018 Construction Office Management/Document Control Word Processing FIELD ENGINEERING 2 Man Survey Crew I Man Survey Crew/Survey Chief/Project Surveyor FIELD ENGINEERING-PREVAILING WAGE 3 Man Survey Crew 2 Man Survey Crew I Man Survey Crew/Survey Chief/Project Surveyor CONSULTATION Principal PSA 19-586CA $208.00 175.00 148.00 131.00 110.00 80.00 85.00 85.00 210.00 144.00 424.00 292.00 179.00 $275.00 All out-of-pocket expenses. such as filing fees. printing. reproduction costs and deliveries. will be extra and invoiced at our direct cost plus I 0%. Prevailing wage projects will be charged a higher rate for field engineering. Four (4) hour minimum charge for survey crew time. Any site visits less than 4 hours will be charged as extra work to fixed fee scopes of work. Payment Terms: Accounts are due and payable within 10 days of the date of the invoice. If payment for invoice is not received within 30 days from the date of invoice. then a finance charge will be assessed at 1.5% per month for each month the invoice remains unpaid. starting at the 31 st day. If payment for invoice is not received within 60 days from the date of invoice. then work will stop and will recommence once the account is paid in full. 10 * AEROTECH MAPPING, INC. '-, ,-t Aero Tech Mapping Rates as of 6-15-2018 Task Hourly Rate Project Principal $180 Project Manager $125 Production Manager $95 Photogrammetrist II Senior $110 Photogrammetrist I $95 Aerotriangulation $85 CAD Map Editor 11 Senior $80 CAD Map Editor I $70 Imaging Specialist $75 GIS Tech $75 Administration $65 Project Mobilization $250 Aircraft Cessna $950 Camera Digital Vexcel $750 Lidar sensor $2,750 Drones Inspire $320 ARIZONA CALIFORNIA NEVADA NEW MEXICO \\W\\.atmlv.com 11 200 Spectrum Center Drive Suite 300 Irvine. California 92618 (619) 606-5020 TEXAS ~ UNDERGROUND SOLUTIONS "-JIii''>:==::-, / ----.. POSITIVEID STAFF ITEM NAME TITLE 1 Thomas (T.C.) Mueller VP Field Operations 2 Travis Leigh Gen. Superintendent 3 Chris Mueller Foreman 4 Vince Dominquez Plans/Permits 5 Adma Perez Contracts/ Admin LOCATING l1-man crew\ ITEM NAME RATE 1 Electromaonetic locatino $200/hr 2 GPR locatino $250/hr 3 Utility Vault Dips -each $150/each 4 Sande/Push Rod locatino $225/hr POTHOLING Nacmaster 4000 incl 2-men crew) ITEM NAME RATE 1 Pothole Service (Prevailino Waoe)per hour/reo $300/hr 2 Pothole Service (Prevailino Waoe)per hour/premium $350/hr 3 Cold-Mix Asphalt (each) $25/each 4 Perma Patch / Rapid Set/Hot Mix Asphalt Repairs $100/each 5 Hot-Patch Asphalt Grind & Overlay (each) $550/each 6 Traffic Control Plans (per sheet) $150/each 7 Traffic Control Plans-Engineer-stamped (per sheet) $550/each 8 Standard Traffic Control (per day) $500 per day 9 Major Traffic Control (per day) $1,000/per day 10 Nighttime Major Traffic Control (per day) $1,800/per nioht 11 Flagman Service (per man hour)-Prev Waqe $75/hr 12 Subsurface Utility Report (1 -5 potholes) (each) Digital Flash Card $150/each 13 Subsurface Utility Report (5 -10 ootholes) (each) Diqital Flash Card $250/each 14 Subsurface Utility Report (10 -20 potholes) (each) Digital Flash Card $350/each 15 Subsurface Utility Report (20 -30 potholes) (each) Digital Flash Card $450/each 16 Subsurface Utility Report (30 -40 potholes) (each) Digital Flash Card $550/each 17 Subsurface Utility Report (40 -50) potholes) (each) Diqital Flash Card $650/each 18 Additional Hard Copy of Utility Report ( each ) $100/each 120 N. Andreasen Dr., Escondido, CA 92029 {760) 294-9449 www.usipothole.com 12 PSA 19-586CA HOURLY RATE $175/hr $150/hr $100/hr $100/hr $75/hr PSA 19-586CA EXHIBIT B-SAMPLE MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1. Pat O'Day Principal-in-Charge $275 2. Joanne Tyler Project Manager $208 3. Brian Faraci QA/QC Manager $208 4. Elizabeth Becerra Project Engineer $175 5. Chris Endozo Project Engineer $175 6. Jason St. Aubin Design Engineer $148 7. Colin O'Brien Survey Manager $179 (prevailing wage*) 8. -2 Man Survey Crew** $292 (prevailing wage*) 9. -3 Man Survey Crew** $424 (prevailing wage*) 10. -Word Processing $85 * Prevailing wage rates are subject to change based on the Director of the Department of Industrial Relations determination, according to the type of work and location of the project. ** Four (4) hour minimum charge for survey crew time. Any site visits less than four hours will be charged as extra work to fixed fee scopes of work. SUB-CONSULTANTS NAME[FIRM TITLE HOURLY RATE*** 1. AeroTech Mapping Project Principal $180 2. AeroTech Mapping Project Manager $125 3. AeroTech Mapping Production Manager $95 Master Agreement Consulting Services 14 of 24 Request for Qualification RFQ No.18-05 13 PSA 19-586CA 4. AeroTech Mapping Photogrammetrist II $110 Senior 5. AeroTech Mapping Photogrammetrist II $110 Senior 6. AeroTech Mapping Photogrammetrist I $95 7. AeroTech Mapping Aerotriangulation $85 8. AeroTech Mapping CAD Map Editor II $80 Senior 9. AeroTech Mapping CAD Map Editor I $70 10. AeroTech Mapping Imaging Specialist $75 11. AeroTech Mapping GIS Tech $75 12. AeroTech Mapping Administration $65 13. AeroTech Mapping Project Mobilization $250 14. AeroTech Mapping Aircraft Cessna $950 15. AeroTech Mapping Camera Digital Vexcel $750 16. AeroTech Mapping Lidar sensor $2,750 17. AeroTech Mapping Drones Inspire $320 18. Thomas (T.C.) Mueller/Underground VP Field Operations $175 Solutions 19. Travis Leigh/Underground Solutions Gen.Superintendent $150 20. Chris Mueller/Underground Solutions Foreman $100 21 Vince Dominguez/Underground Pia ns/Pe rm its $100 Solutions 22. Adma Perez/Underground Solutions Contracts/ $75 Admininistration *** Subject to 10% markup. Master Agreement Consulting Services 14 of 24 Request for Qualification RFQ No.18-05 14 PSA 19-586CA EXPENSES DESCRIPTION COST % MARKUP 1. Filing Fees Cost 10% 2. Printing Cost 10% 3. Reproduction Cost 10% , 4. Deliveries Cost 10% Master Agreement Consulting Services 14 of 24 Request for Qualification RFQ No.18-05 15 ODAYCON-01 AUSTINA ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/2/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 22AA!~cT Erica Wilson IOA Insurance Services rit:8,N,;o, Ext): (858) 754-0063 50233 I FAX ) 4370 La Jolla Village Drive (A/C, No):(619 574-6288 Suite 600 ~~D'hl~ss: Erica.Wilson@ioausa.com San Diego, CA 92122 INSURERfSI AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Company 13056 INSURED INSURER B: Maxum lndemnitv Companv 26743 O'Day Consultants, Inc. INSURERC: 2710 Loker Avenue West, #100 INSURERD: Carlsbad, CA 92010-6609 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1fr: TYPE OF INSURANCE ~.?.m· ~.'!-~~ POLICY NUMBER ,~2}-J%~, .r.~}-J%~-LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 >-----:J CLAIMS-MADE CR] OCCUR ~~~t~~J?E~~~6~~ncel 1,000,000 X X PSB0003052 06/24/2018 06/24/2019 $ x Cont Liab/Sev of Int MED EXP (Anv one person) $ 10,000 >-----1,000,000 PERSONAL & ADV INJURY $ >----- R'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY CR] ~fB-f • LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 rEa accident\ $ X ANY AUTO PSA0001026 07/01/2018 07/01/2019 BODILY INJURY (Per person) $ -OWNED ~ SCHEDULED -AUTOS ONLY >-----AUTOS BODILY INJURY (Per accident) $ HIRED ~8ro~~1~ ITROPERTY DAMAGE AUTOS ONLY >-----Per accident) $ X Comp .. $1,000 X Coll.: $1,000 $ A UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 5,000,000 -PSE0001046 06/24/2018 06/24/2019 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION X I ~tt\1 {TE I I OTH-AND EMPLOYERS" LIABILITY FR Y/N X PSW0001210 09/01/2018 09/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made PFP603241401 01/20/2018 01/20/2019 Per Claim 2,000,000 B Ded.: $50k Per Claim PFP603241401 01/20/2018 01/20/2019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Master Agreement for Surveying Services -PSA19-586CA City of Carlsbad/CMWD is Additional Insured with respect to General Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 -ECM 35050 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -r. ~~ .lW&.l9.. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: O'Day Consultants, Inc. Policy Number: PSB0003052 RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury'' or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury'' arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury'' or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 0212 Page 1 of 1 Named Insured: 01Day Consultants 1 Inc. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy Number: PSW0001210 we 0403 os (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ % of the California workers' compensation premium otherwise due on such remuneration. Person or organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement